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    • Hello I am a resident of a communal block of flats owned by a Housing Association and since Tuesday 14th May 2024 Matthews and Tannert had put up scaffolding for a job on the roof last week, which was up for the best part of nine days. They had removed the scaffolding on Thursday 23rd May 2024 but my Sky box is still not working because of the satellite dish outside, and I was wondering whether the scaffolders had touched the dish while it was there and as a result had probably knocked the dish and probably made the dish go out of signal or whatever. I needed someone to check this out as well as to see my Sky box to see what could be the problem, and hopefully sort this out. I have had my Sky Digibox for many years and I have got recordings saved on them that I have had a long time - it would break my heart if I had lost them forever.       I contacted Sky but I almost made the mistake of accepting an offer where I would have to pay £31.50 and wait a whole month without television in my front room for it. I am in debt at the moment and I don't want all this on top of everything else - thankfully I have since cancelled it two weeks later when I told the person on the phone that it is the dish which is at fault as well as the fact that I live in a communal Housing Association property, and so that is one of very few weights off my mind. I emailed the Housing Association's Repairs department and they said that they will contact an electrical company to come out and see to the dish outside. I received a telephone call on Friday 24th May from the man to say that he will arrive on Wednesday 29th May 2024 to do the job. He arrived at around 9.40 am on Wednesday as promised; he went into my flat and had a look at the Sky box and saw the blue screen on my front room TV set, indicating no signal. He also looked outside as to where the dish was.  The main problem was that the ladders that he had with him were not enough to reach the dish outside as the dish was towards the top of the building - obviously the Health and Safety aspect of the job didn't allow him to do this. He then mentioned that whether he could do the job as a result of getting onto the roof and doing it like that as the dish is closer to the top. He said that he needed the key to enter the loft part of the building in order to reach this, and he needed to contact the Housing Officer at the Housing Association who had key to this, but lo and behold, he came on the Wednesday to do the job, and guess what? Wednesday was the Housing Officer's day off and so therefore he was unable to contact him for the key so that he could do the job! I just couldn't believe it myself. I am personally annoyed because this has not been sorted, and the man who came to do this is also annoyed because he came all the way to Nottingham from Peterborough, and he said to me that he won't get paid if he cannot do the job, so you see, we are both angry about this for different reasons. We are both in the same boat with regards to frustration, and we both want to see a conclusion to this, once and for all. Sometimes I wish that I didn't live in a flat which is in a communal building and I am thinking of getting a transfer to a one bedroom flat that isn't in that sort of place. I pay around £85 a month in a Direct Debit to Sky to receive their TV services which I cannot use at the moment, and I don't have much money in my bank account as it is due to one thing and another. I also pay nearly £14 a month to TV Licensing so that I can legally watch TV in my front room. I pay for Sky hence the fact that I want the Sky service in my front room and not Freeview. Also, as the General Election is coming up in five weeks' time, I want the satellite TV to be working properly so that I can catch up with what is on the news channels, and I feel rather "cut off" from that at the moment, and I want it working in time for Thursday 4th July 2024 for ovbious reasons . I have Freeview in my bedroom, but that is not the point  - I don't want to be limited to my bedroom every time I want to watch TV. I have tried putting the Freeview in te front room but it doesn't seem compatable for the same uses that I usually have Sky for.  Sunday 9th June 2024 is Day 27 of the satellite TV not working in my flat, and I feel that something needs to be done about this. You can take this message as a complaint if you like, but nevertheless, I want this message to be acknowledged and also something to be done about what has happened. I have enough on my plate with regards to health problems and depression without things like this making things worse. I would appreciate it if something was done.  I don't like naming and shaming but it is Matthews and Tannert's fault that I am in this situation in the first place, and sometimes I wish that I could sue them. In a nutshell, I have had more than enough after being without TV in the my front room for nearly four weeks. Also, at a time like this, I am missing so much of interest on TV what with the General Election comning up in just a few weeks.
    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
    • Quotes of the day penny mordaunt came out swinging with her broadsword, and promptly decapitated sunak while Nigel Farage, representing Reform UK, made contentious claims about immigration policies, which were swiftly fact-checked during the debate.   Good question though raised at labour about the 2 child benefit cap, which I broadly agree with, but the tory 'trap' assumes tory thinking - rather than child centric thinking. There should be no incentives to have kids as a financial way of life paid for by everyone else ... ... BUT the kids should not be made to suffer for the decisions of their parents Free school meals would feed the kids, improve their ability to learn, and incentivise them to go to school. As an added benefit ... it would invest in our nations future.   How far this should go is a matter for costing, social intent and future path of the nation, but not feeding our nations kids is an abomination. There should be at least one free school meal per day for every child who attends school. Full Stop. Its the cheapest and most effective investment in our future we could make.
    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. 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 named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
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Arrow/Global old stayed MBNA claim


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Filed a claim against me last year for an old MBNA credit card debt. I went down the route of filing a defence and requesting all of the documention, which they eventually managed to produce but not before the claim was stayed.

 

In light of this I wrote offering a token £1 per month payment to hopefully avoid them proceeding further with the claim (I'm currently being supported by my partner and have no official income). They have responded to this by sending out a four page financial questionnaire including a payment offer sheet.

 

I'm wondering how to respond to this. Not happy about giving them the level of information they are asking for, nor my partner's employment details. However my main priority is to avoid further court action.

 

Any ideas/advice on how best to handle this would be most welcome.

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You are not obliged to fill out their questionnaire, You can do one of your own or you can use from the CAB.

Problem is that those ones intrude on everything of your life when they shouldnt.

 

DCAs still think they are a higher power when actually they have no rights to do anything.

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  • 1 month later...

Well they won't take no for an answer as far as the financial statement is concerned. Am I correct in thinking even if I fill in the bits about my partner's income they have no right to take it into account as the debt is solely mine? And what would happen if they proceeded with the court claim and it ended up in front of a judge - would he/she have the power to make them accept the offer if proof of my circumstances were provided?

 

Again any feedback would be much appreciated.

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why are you paying them if the claim was stayed and they have unstayed it?

 

 

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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why are you paying them if the claim was stayed and they have unstayed it?

 

 

dx

 

And was all the documentation that you received, Agreement from 1999, and DN from MBNA in 2010 all in order?

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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They eventually sent the documentation I had requested with a letter threatening to apply to lift the stay if I did not contact them with repayment proposals. They haven't yet done this.

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And was all the documentation that you received, Agreement from 1999, and DN from MBNA in 2010 all in order?

 

They sent signed application form/CCA, Default Notice, Termination letter, a copy of an old statement and a Notice of Assignment. Everything is legit except for the N of A which is from a different person, in a different format and is not dated. It also contains a different account number as Arrow had assigned me a new account reference number in the original N of A which is not referred to in the new 'copy'.

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scan them all up

bet the t&c's are wrong

they always are

 

 

upload

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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I was just about to post about this.

 

I notice on another thread you refer to the £12 fee for late payment only being introduced in 2006,

which is referred to in the t & c's.

 

Not to mention the fact my name and current address is printed at the top,

yet when the card was took out I lived elsewhere.

 

So they are definitely not the originals.

 

I'll try and get them scanned up later tonight.

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there ya go your learning!!

 

 

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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Whilst photographing the docs I discovered some 'Financial and Related Conditions' printed on the back of the application form which I hadn't even realised were there (upload T & C 1). About to upload now, hope there is not too much information!

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user CP

 

 

manage attachment left handside

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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I can see what it is

each of witness statement is 5mb per page in your BC/MKDP thread

 

 

i'll go sort those for

you make SURE anything you upload is

a 'page' should only be about 200kb [.2Mb not 2mb each page]

 

 

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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done

42Mb of single page upload

now merged and reduced to 2mb

 

you have loads of freespace now

 

please DO NOT upload anything that's bigger than 2Mbish

put any docs you wantr into WORD FIRST

all of them

 

so now you have a multipage word doc

now either print to PDF

or

save as PDF.

 

and then attach

 

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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Share on other sites

the devil is in the detail

they are too blurred for me on the little important numbers around the egde

 

it looks like to me you have 2 sets of T&C's

one from the time of application

and one from the time of the default notice issued.

 

both should have the correct address for the time of issue

 

I notice the set for the time of taking the card out

does not have the level of penalty charges inserted

it is blank?

and there no name/ad on the top

and you've already said the T&C's for the DN time have the wrong address?

 

me thinks someone has been raiding their filing cabinet and magic'ed up supposed T&C's

to match the application form, which is the real McCoy ?

 

naughty naughty!!

 

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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I may be able to get a better image of the T & C's in natural light if that would be of any use.

 

The T & C's on pages 3-9 are the only ones containing any address (my current one in this case)

- if these were the ones issued at the time of the DN that would explain the current address.

 

 

Page 13 contains the ones on the back of the application form - no name/address or anything about penalty charges.

 

 

Pages 14-17 are the other set with no name/address etc.

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To see the importance of the correct address at the time of account inception have a read of Carey v HSBC

 

In addition from what I can read, the clauses referred to in the default notice clauses 1 & 8,

 

do not match the agreement

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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Will have a look at Carey v HSBC when I get a chance. Familiar with the bits relating to original docs being needed in court for pre April 2007 agreements but not the rest of it.

 

I'm finding the whole T & C issue confusing to be honest.

 

A lot of the older threads I've looked at refer to the prescribed T & C's being required to be written within the 4 corners of the agreement - is this still the case?

 

In this case what they seem to have sent is the 'Financial & Related Conditions' containing 'some of the provisions contained in conditions 1 & 2 of the MBNA Terms & Conditions', which was printed on the back of the application.

 

Then the rest of the T & C (3-19) I assume those applicable at the time of inception

(but without name/address etc unless you count what was actually written on the application).

Then a new set from when the DN was issued, which contains my new address.

 

And like you say, clauses 1 and 8 of the DN do not match either agreement. But would that be an argument that would hold any weight if they were to proceed legally?

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so we have 3 sets of t&C's?

 

don't think so...

 

there are lots of them that say 03/00

they will be the os that go with the

 

page 16

point 13

a, b, d, have no figure of the charge but are blank?

that makes those a generic copy

so cannot be [yours] the ones you got with the form..so rule those out

and as more than 1&2 are on the signed form.

 

pages 3-8 will be the DN T&C's

[labelled pages 1of6 bottom right

I think it should be 1of8 are there 8/

 

lots if doubts here 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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