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    • Hi,  I guess the DCAs have come out of hibernation as my friend has had a Claim Form today.  Honestly I feel like I have addressed this one but she can't find the folder box I gave her to keep all this nonsense in, but then the claim form has no information you could realistically use to find out what its from anyway(JD has a few names under their umbrella and she has had accounts with most of them over the years, some repeatedly as they keep lending to someone with no income.  Its ok at the start when its only a little bit but they rapidly put it up and up until she owes in the high hundreds/low thousands instead of the £150 she is initially given, she always intends to keep it in good standing but there is a massive difference between paying £20 a month and over £100) and the usual poor grammar that should be an embarrassment to any normal legal firm, but I suppose these people have no shame.   Anyway, I assume its the same respond for more time and send off a CPR and CCA?   Name of the Claimant ?   Cabot Financial Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 22/02/2021   Particulars of Claim   What is the claim for – the reason they have issued the claim?  By an Agreement between JD Williams Ltd RE Jacamo & the defendant dated XX ('the agreement') JD Williams Ltd RE Jacamo agreed to issue the Defendant with a credit account.  The Defendant failed to make the minimum payments due.  The Agreement was terminated following the service of a default notice.  The agreement was assigned to the Claimant.  THE CLAIMANT THEREFOR CLAIMS 1.8XX.XX 2. costs   What is the total value of the claim? £8XX.XX    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser   Were you aware the account had been assigned – did you receive a Notice of Assignment? Possibly, she was(and is) very poor at keeping and responding to correspondence.     Did you receive a Default Notice from the original creditor? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Why did you cease payments? More than she could afford.     What was the date of your last payment? No Idea as we do not not which account it is for.     Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Possibly but can't say for sure.    
    • Thank you Andy/Dx   UPDATED Defence, 3 days remaining.   Not sure where to mention invalid PAP. I put it under number 5. Please check if this is good to go.   Defence   The Defendant contends that the particulars of claims are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) – failed to serve a letter of claim pre-claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   1. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant.   2. However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.   3. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   4. I do not recall ever receiving a letter of assignment from the Lloyds Banking group advising the debt was assigned to the claimant.   5. Claimant served the invalid PAP with no connection to their court claim,   6. On receipt of this claim I sent CPR 31.14 and section 77 request. The claimant failed to provide a valid copy of the agreement and therefore remains in default of said request.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:-   a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice/Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.      
    • no.   i wonder if the OP is entitled to CTAX benefit, thats only available from the relevant council...most on UC can get it..   but your MP is by far the most successful route to sorting these issues we've seen here to work.
    • dx100uk  unclebulgaria67   OP is on UC.   Could the council apply for weekly amounts to be deducted from UC claim ?
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Cabot have sent me a statement? Help please.


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OK so what is the problem?

 

All they have sent you is a statement of account, which they are legally required to do on an annual basis.

 

When was this defaulted with Sharklaycard?

And when did they hand it over to cabrot?

 

Have you been paying them anything?

When did you take this agreement out and how?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi Bazooka . The default with Sharkley card was back in about 2008 ( i would need to check my bank account for when the last payment was made. i dont know when it was handed over to cabrot as i moved house nearly 3 years ago. I have not paid anything since approx 2008 and that would have been to sharkleycard. I have no agreement with cabrot.

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First things first then, check your credit files and see if this is on there.

 

If you have NOT paid OR admitted owing this IN WRITING, to the bank or powerless DCA then it is likely statute barred.

 

But do your homework, and check when your last payment was, and you credit file.

 

Did sharklaycard send you a default notice, then a termination notice, and a notice of assignment, usually the NOA will be in the same envelope as the missive from cabrot who will claim they are entitled to demand money with menaces from you.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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You need to establish exactly when the last payment was made to the account - if as you say it was 2008, then you can stop worrying.. period.. as it will almost certainly be statute barred.

 

You can either check on your Credit file - it might still be on there, or send a Subject Access Request to Barclay/shark for all data, to include statements.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request-**Updated-January-2015**

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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Hi, the last payment nade to sharkleycard was 18 december 2008. I have checked credit file and Cabrot are on there. they say the date of default was 10/09/2009 with a default balance of

£ 2874.00 , The file says it was updated on 28/02/2015. If sharkleycard sent a default notice, then a termination notice, and a notice of assignment, I really dont know , because at the time i was in a right mess. and for the record i have paid no monies to anyone since dec 2008 nor have i admitted owing this. thanks for the help

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So Barclay/shark delayed nearly 9 months before defaulting the account ! You breached the contract the minute you missed your first payment, IMHO, if you add 2 months onto the date of the last payment you missed, that should give you a starting point to count down to Statute barred. So perhaps February/March 2009 which would make your account statute barred.. about now.

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Agreed.... IMO I would let them run away with it for a while yet, technically ignoring them and their puerile threatogrammes until such time they either serve you with a summons, at which point your defence will be the top trump card that it's SB, OR you get bored with them and want them to stop harassing you, by which you tell them it's SB.

 

They might claim the 'phantom payment' was made therefore it's not SB, to which they will have to provide you with unequivocal proof that it was you who made the payment, and not another of their 'admin errors' which is what they all say when you mention the word 'fraud'.

 

I wouldn't give this anymore thought TBH, just get on with your life until such time as they threaten legal action.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Unsure why this is in the Financial Legal Issues?...thread moved to appropriate forum.

 

Andy

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