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    • https://www.consumeractiongroup.co.uk/topic/408156-cabotnolans-spc-claim-old-next-cat-debtclaim-dismissed/page/4/#comments https://www.consumeractiongroup.co.uk/topic/404240-arrowshoos-spc-old-newday-aqua-credit-card-debt-claim-dismissed-no-dn/page/4/#comments default notice win  https://www.consumeractiongroup.co.uk/topic/407490-meiii-cabotnolans-spc-claim-old-yorkshire-bank-loan-2nd-claim-dismissed/  
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    • With regard to your question on post 207 if you bring in the points that I made on the validity of the contract they are supposed to have with Peel holdings then mention that there are already doubts about the validity of the contracts that are being used by the PPCs and the OPS is a classic example. Once you are on there you should then try and get your other point in after that.   if it is in connection with the extra charge of £60 remind the Judge that the charge has been defined by many Court across England that the charge is an abuse of process which was covered in PE v Beavis at point 198    " The charge has to be and is set at a level which enables managers to recover the costs of operating the scheme"  IE the £100 charge covers all their expenses so nothing should be added.   as their WS claims an extra £60 that could be judged as perjurious since it is an additional sum that should be known by VCS and the author of the WS as a double recovery. Especially as they have already lost in Court for the same reason.   Another cause to prove that they do not comply with their Code of Conduct. file:///C:/Users/User/Downloads/CamScanner%2008-05-2020%2016.34.59.pdf  Byelaws are statutory not arbitrary as their WS said on no .42 .   Best of Luck.   The above URL does not work but this one does http://forums.National Consumer Service.com/index.php?showtopic=133001    [20.1 is where  VCS  lost then 20.2 where they appealed and lost again . But read the whole thread as it may help you in other ways too.
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    • stop doing nolans job for them... there are numerous threads here in the same forum yours is in     no DN info to follow   dx    
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
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      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Cabot/weightman claimform - Vanquis 'debt'


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Hi.

 

I have a debt with Cabot that I have been paying since November last yr.

 

I got a letter from Cabot and Marlin in the same envelope last year saying my debt has been handed to Marlin to administer on BEHALF of Cabot.

 

Needless to say I just continued to pay Cabot direct not Marlin.

 

Now Marlin have got Weightmans LLP involved also who are working on BEHALF of their client which is Marlin

who in turn are working on BEHALF of Cabot.

 

Weightmans are accepting my pay terms,

 

however I have been paying Cabot.

 

Sooooo my question is

 

who the hell do I continue paying?

 

Should I write to Marlin and Weightmans stating I am paying Cabot (which they must know anyway).

 

Don't want to get into a long winded battle just want to pay off my debts

(having a fair few others too being paid) and

I know who I owe to.

 

Should I just refer payments to Weightmans now or is their a valid legal reason to continue paying Cabot as I have been.

 

 

Thanks kindly.

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Marlins are now owned by Cabot... Have you done a CCA Request to check you should even be paying this?

Continue to pay Cabot against the account if you must. Dont run around after the DCA... Tell them you are paying Cabot who owns Marlins..

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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they are all the same lot!

 

whats the debt all about please

 

and why not list your other debts too

 

I hope you've sent them CCA request on each debt its applicable too

rather than just blindly paying a no powers DCA

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Thanks for the info,

 

I am aware now that Marlins is in fact Cabot.

 

I have not CCA'd them as I know its debt we ran up,

 

we have been struggling with various debts for the last 7 years which has taken its toll mentally and a little physically.

 

Some ending in CCJ's, some written off, most outstanding.

 

I made a choice last year to pay them off as I can't deal with the stress anymore,

I need to see an end to this , and have been doing so regularly via standing orders at a rate "I" can afford to all our debts.

 

As funds become available from the smaller debts paid I forward that onto a bigger debt to accelerate rate of payment.

 

Mostly its going ok but some debt companies are being daft about it,

however I still continue paying and the figures are coming down slowly but surely.

 

I am just concerned about the above account as its for a figure approx. of £3400 and the involvement of an LLP worries me.

 

The rest of my debts are for figures ranging from less than a £100 to the largest being the above.

 

 

Currently have around 7 debts being paid.

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reclaiming?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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reclaiming?

 

 

dx

 

 

Not sure what you mean?

 

 

For clarification my debts are mostly poor credit history Credit Cards (Vanquis x2, Cap One x2, Aqua), catalogue debt x3 and HMRC Tax credit overpayment x1. CCJ from 2009 also for credit card.

 

 

I am trying to avoid court action as the toll it took on my partner was immense as they suffer from depression (proper not a "bit down") which in turn took its toll on me , however we got through it but would like to avoid it. Hopefully light at the end of the tunnel.

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I would suspect you have ppi and or penalty fees on most of those debts.

 

 

they can be reclaimed.

 

 

cca time then on this debt me thinks.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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They might be just using an LLP to frighten you into paying even more since you increased your payments and haven't questioned the amount outstanding

 

Check the PPI & penalty charges & negotiate the true amount outstanding. You can do that for the closed accounts too - work out something to take off the current ones

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I have not CCA'd them as I know its debt we ran up,

 

If cabot is involved, CCA them now. It doesnt matter if you think the debt is legit. If they dont hold the correct paperwork ( cabot rarely ever do), then they cant touch you.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi Roger

 

I can't offer you advice, I'll leave that to the experts (and there are many on here, so do listen to them)

but what I can tell you is my situation was much like yours,

I just couldn't cope with the stress and sorted payment plans as various threats came in.

 

 

However I am now also sending CCA's and SARs with a view to challenging.

I'm still making my agreed payments until such time as I can either challenge them or reclaim some charges to reduce them

however I am hoping to at the very least reduce the amount I owe and in some cases completely write some debts off.

 

 

I see this as being a 'half way' house for me - I've the peace of mind that no legal action is pending but I can also do all I can to reduce the burden through other means.

 

Good luck with it all, I do understand the stress, most on here do only to well, but it is definitely still worth fighting the war, even if on occasion you have to concede the battle.

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At the very least make them work for their money. You may have spent the money but that doesn't excuse the lenders adding unlawful penalty charges, PPI etc

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  • 1 month later...

UPDATE.......

 

Challenged Weightmans (acting legal team) over missing payments

I have paid against the sum owed.

 

Got a letter saying they accept my proposed repayment plan,

to which I replied I would pay claimant (Cabot) directly still, which I did.

 

I had a letter from weightmans claiming I haven't paid anything this month as per my agreement with them (never had one),

heard nothing ,

 

continued to pay Cabot

 

now I have received a claimform form from County Court Bulk Centre ,

claimant Cabot all docs etc to Weightmans.

 

 

Really rather cheesed off,

I tried to do the decent thing in my mind and have been truly shafted.

 

 

How to proceed now baring in mind the clock is now ticking????

 

 

Oh and they are claiming the wrong amount by over £90 more (3 repayments), which they claim I haven't made!!!!!!!!

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PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Claimant....Cabot Financial Uk

Date of issue.....21-04-2015

Claim for......Credit card debt

Amount.....£3570.00

Particulars.....

 

 

1.the defendant entered into a credit agreement described by the original creditor as XXXXX credit card

and having account number xxxxxxxxxxx (the account)

 

2.the claimant, a uk limited company with company number xxxxxx, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the account.

 

3.the defendant is indebted to the claimant in respect of the account in the sum of 3570.00

 

4. the claimant claims the said sum of 3570.00, plus costs

Old credit card debt.

 

Taken out after 2007.

 

Claim is from a DCA.

 

Cant find a notice of assignment . Just a letter stating your account is with us now.

 

I think I did receive a notice of default.

 

I have not been in receipt of yearly notice of default statements.

 

I ceased payments due to reduced finances.

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your first job is to register on mcol,acknowledge service and tick defend all

 

get a cca request off to the claimant

 

and a cpr 31.14 request to the claimants solicitors for the agreement, notice of assignment and statement of account(docs mentioned in poc)

 

both by recorded/signed for delivery and asap

 

make a note of your defence due date

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Mcol ????

 

Should I also cease my voluntary monthly payment to the claimant I have paid for last 6 months.

 

 

Also how do I get the amount changed to reflect the payments I have made already as the claim is for £90 more than owed.

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Mcol ????

 

money claim online

 

https://www.moneyclaim.gov.uk/web/mcol/welcome

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Ah thanks I googled it. what does challenge court jurisdiction mean and should I tick it??

 

leave blank

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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33 days in total...day 1 being the date on the claim form.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Thanks Andy.

 

Can I ask again,

should I continue my voluntary payments to the claimant that I have made for last 6 months.

 

The solicitor weightman has been pestering me to pay them, to which I refused and continued to pay Cabot.

 

They also claim they have no records of some of my payments to Cabot,

this is why I suspect they have started a claim against me.

 

I guess they have not been communicating with their client.

 

Will the fact I have been paying a reasonable amount stand me in good stead on court day if it gets there?

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HI,

I have written the CCA to creditor letter.

I am however struggling to find the CPR letter template anywhere???

 

Also, I have been paying this debt regularly but the solicitors have not been adjusting the balance accordingly and are claiming more than I owe.

 

 

How do I get that changed or access to proof other than bank info.

 

 

Do I write a letter to Carboot requesting statement of account?

 

Thanks for the help so far people.

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cpr is in the legal section of the green library tab top left.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Thanks DX.

 

Ok sent the CPR to solicitors.

 

 

The CCA letter to Carboot.

 

 

Letter to solicitors regarding wrong account total and missing payments off the total incl intent to fully defend against this.

 

Hopefully will hear back soon.

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