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    • I have known some just take their commision direct from the account......as long as they are only invoicing you thats fine...ignore their invoices.
    • Weak and very unlikely to be successful...... Edit to suit......     IN THE ******* county court Claim No. *********** BETWEEN: Claimant AND Defendant ************ _________________________ ________ WITNESS STATEMENT OF ********** _________________________ ________ I ******, being the Defendant in this case will state as follows; I make this Witness Statement in support of my defence in the claim. The claimants witness statement confirms that it mostly relies on hearsay evidence as confirmed by the drafts person in the opening paragraph.It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act. 1. I understand that the claimant is an Assignee, a buyer of defunct or bad debts who are based in Jersey, which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income as confirmed in the claimants witness statement exhibit by way of the Deed of Assignment As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 2. On or around the ******, I received a claim from the County Court Business Centre, Northampton, for the amount of £****.The claimant contends that the claim is for the sum of £X in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX pursuant to The consumer credit Act 1974 (CCA).The particulars of claim fail to state when the alleged agreement was entered into but their witness statement states it was 1994 23 years ago. 3. Contained within the claimants particulars the claimant pleads that The defendant has failed to make contractual payments under the terms of the agreement and that a default notice has been served upon the defendant pursuant to S.87(1) CCA. It goes on to evidence a default notice in their exhibits which is provided by Mercers and not the actual creditor Barclaycard themselves.It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement. Given that Mercers are in fact a Debt Collect Agency they cannot be considered to be the creditor or owner of the regulated agreement. 5. On the xxxxxxxxI made a formal written request by way of a CPR 31.14 to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A].  6. On the xxxxxxx I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 [EXHIBIT C]. The claimant has since disclosed a copy of the application which purports to be the agreement within its witness statement at point 5 exhibit HT1 and admits its very poor quality.It is averred that it is impossible to read and illegible..the court is invited to try and decipher the contents and in particular the prescribed terms pursuant to section 78 CCA1974 and sec 61 (1) c of the CCA1974. The claimant tries to get around the poor quality by trying to rely on Carey v HSBC.Carey V HSBC is irrelevant in this matter and only applies to the giving of information under section 77/78/79 and is not retrospective to agreements entered into pre April 2007.I therefore contend that section 127 (1 and 2) accordingly applies in this case. 7. Furthermore the author of the witness statement at point 6 then tries to introduce a reconstituted version of the agreement (exhibit HT2) which is no more than a set of Terms and Conditions and in no way comply with the prescribed terms of a reconstituted version which they have previously tried to rely on at point 5 of their witness statement. 8. The Claimants pleaded case is that the Defendant entered into an agreement with HSBC under account reference **********. I am uncertain as to which account this refers to. It is accepted that I have had banking products with Barclaycard in the past however I have no recollection the alleged account number the claimant refers to. Therefore the claimant is put to strict proof to disclose a true executed legible agreement on which its claim relies upon and not try to mislead the court. Until such time the claimant can comply and disclose a true executed copy of the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974.  Statement of Truth I, ********, the Defendant, believe the facts stated within this Witness Statement to be true. Signed: _________________________ _______ Dated: _________________________ _______[/QUOTE]  
    • Thread title amended   You didn't provide details of your bank account did you when you signed up with this lot ?   Andy
    • Ah yes, I was using a few different examples from overdrafts to loans. Will change those to the correct legislation! Thanks! Is there anything else that would be useful to include? Is it just me, or does this seem quite weak and unlikely to be successful?? 
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Tobewan

Cabot Finance - Egg credit card

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please can someone advise.

 

I had an Egg cc many years ago, the debt seems to have been passed to Cabot finance.

 

I haven't paid anything or acknowledged the debt in more than 6 years.

 

Recently Cabot contacted me chasing the debt.

 

I replied with a statute barred standard letter.

 

Cabot replied advising the account was Terminated in 2011 and this ensures the debt is still active.

 

There is also a default from Cabot on my credit report from November 2011

although they didn't contact me and no payment has been made for years prior.

 

Please advise what course of action I can take?

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It would pay you to check your credit file to see if this still shows up, or if any mystery payments have been made..


If I have been of any help, please click on my star and leave a note to let me know, thank you.

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Check your own files, obviously nothing powerless DCA's say is the truth, but you need to be 100% certain

this is SB.

 

Can you confirm exactly when you last paid anything toward this?

 

Do you know when the acct was defaulted and then terminated?

Do you still have the DN smeg would have sent 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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termination date does not reset SB

 

 

silly beggars.

 

 

dx


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I have my credit report and Cabot defaulted me in November 2011.

 

This is when they say the account was also terminated.

 

I've not paid in years, more than 6 years, I think. I can recall a payment in the last 10 years.

 

What's a DN SMEG? Default notice? (Apologies for my ignorance) I never received any notice of a default.

 

Only saw it when I checked my credit report.

 

What action should I take?

 

Correction Marlin Finance has given me a default notice, but I understand Cabot and marlin are one of the same?

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I would expect that the OC [EGG] defaulted you before they sold the debt on

 

 

pers I'd be sending EGG an sar to the Canadian square address

if you were wanting to do anything

 

 

dx


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Thank you. I'll do that now.

 

Would you reply to Cabot?

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I certainly would not be inviting letter tennis.

 

you've stated your position

[which IMHO I would never do

if the debt is SB'd, let them issue a court claim and get egg on their face and waste money!!)

 

see what they do

 

if you need to prove your last payment

then SAR to egg is the way to go.

 

crabot know wfull well on a credit card/loan

SB date is about 1month after your last payment

and they've lost in court numerous times too.

 

dx


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Is it worth sending a prove it letter to Cabot?

 

I'm certain I've not made a payment but I'm second guessing myself because, well I guess I'm less confident than they are. And Court is intimidating.

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to what end?

 

you say its SB'd

 

end off IMHO


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I guess I don't want to find out I'm wrong and I have made a payment. Would it harm me to request proof

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that's what the sar is for

 

 

dx


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Ah ha I see. If a payment has been made since the debt was sold would this show on the SAR?

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Cabot replied advising the account was Terminated in 2011 and this ensures the debt is still active.

 

which is garbage.

 

I've not paid in years, more than 6 yearslink3.gif, I think. I can recall a payment in the last 10 years.

 

which was prior to assignment to the debt buyer I bet

 

dx


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Cabot quoted section 5 of the Limitations act 'An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.'

 

They say the action was termination. Is that possible?

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not on a credit card no

 

 

but if you read around, you'll see cabot have their own unique take on many things just like

esp a CCA request time limit.

 

 

dx


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You're believing the garbage crapbot are sending you, don't!

 

There is absolutely no truth in anything a powerless DCA ever says, they are simply trying to intimidate you

and exploit your lack of knowledge about debt collection, they, like politicians, are skilled liars, and nothing they say holds any water.


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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I've written a SAR for Barclaycard and will see what they come up with. If they defaulted me can Marlin default me too, once they bought the debt?

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The default stays the same, or at least the date of default does, the only thing that should change is the name of the clown chasing it.

 

If they change the dates to suit their own needs then that is cause for a very loud complaint to the ICO, and could be money in your pocket!


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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I realised I hadn't updated this post and thought anyone going through the same might find a conclusion helpful.

 

The debt was removed from my credit history,

something I had heard was impossible,

and the debt was agreed to be Statute Barred.

 

The paperwork was clearly well below par and both Marlin and Barclays wanted to get shot of me.

 

Good luck to anyone else going through this.

 

It's stressful but the advice I received here was good!

 

Tobe

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so when did it vanish off the file then


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The same month they agreed it was SB, they removed all trace, May/June 2015.

Looking back through today I realised just how useful your advice was. Thank you!

Tobe

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well done

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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