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    • Hi slick!    On 22 July they said they would refund me £74.07 Theres no DD in place as my membership was a once off payment in November last year.  Hi Dx,    I paid through PayPal last year as a one off payment. 
    • I'm trying to understand it all but I certainly tend to agree with my colleague @dx100uk that it looks as if you may have been taken for a ride. You found an advertisement for a bag on an online sales site. Instead of going through the established procedure of that site, which presumably allows them to recover a commission from the seller you started dealing directly with the seller who is an unknown person to you and of course that allowed the seller to avoid paying the commission. At whose suggestion was it that you went off-site? You then pay by PayPal but instead of logging it with PayPal as a payment for a purchased item, you tell PayPal that it was actually simply a gift or transaction between friends and family. This also allowed the seller to avoid paying a PayPal fee on the money. At whose suggestion was it that you paid in this way?       I don't say that you definitely have been scammed, but it doesn't look very good. This is how it might have happened: after you agreed to take the transaction off-site, so you lost the protection of the established system – and the seller avoided the commission and also avoided the sales site knowing that they had sold their item, you then agreed to pay the seller some money – but not for a purchase – simply as a gift. This has two consequences. Firstly, the seller avoids a PayPal fee and secondly, because PayPal has been misled as to the purpose of the payment, you lose the protection of PayPal if it turns out that you've been scammed or there is some other problem with the transaction. The seller then apparently sent you the parcel and they sent you pictures of a package with your address on it. Separately they sent you a Hermes tracking number – but there is no evidence that the package was actually posted to your address. The seller might simply have taken a picture with your address and sent that to you by way of reassurance – and then changed the label and posted the parcel to themselves but sent you a tracking number which is inaccessible to you and in respect of which you will be prevented from getting any information. All you've seen is a parcel with your address on it. All you've been given is a tracking number which satisfied you for a while until the parcel did not arrive and then when you started to make enquiries, you found that you were unable to access any details referring to the tracking number. Of course the tracking number says that the item was delivered – because maybe it was – but in that case it was delivered to the address on the parcel which might have been the seller's own address – or the address of a friend. I don't want to say that this is definitely how it happened, but it is a plausible scenario. Of course Hermes is an awful lot of parcels – but on the other hand I expect that most of the parcel is that going to Hermes hands are delivered successfully. We only get the bad stories on this forum. I can imagine that Hermes rate of successful deliveries is better than 97% because otherwise people wouldn't simply just hate them, they would go out of business.   We can help you bring a complaint against Hermes if you want. However, on the basis of what you say, the odds are stacked against you but it would be useful to try and find out the address which was associated with tracking number. As far as your apparent willingness to travel hundred and 50 miles to ask for your money back, don't bother. If you did actually go there, are you sure that the seller actually lives at the address that you have been given? What evidence do you have that? Of course if you found that the seller didn't reside at that address then it is slamdunk that you have been scammed. But then what are you going to do? You can try to inform the police but of course it won't get you anywhere. You can inform the sales website – but they will say that you brought it on yourself because you agreed to go off-site. You can inform PayPal – that they will say that because you sent the money which was calculated to avoid their fees, you have lost the protection. If you travelled the 150 miles and found that the seller did reside at that address, do you really think that they are going to hand your money over to you? If they are acting dishonestly then they will simply say that it is nothing to do with them, that they addressed it all correctly and they don't understand what has happened and that this is simply Hermes up to their old tricks. What are you going to do? You simply risk getting into a very nasty argument and depending on how bad it went, you might even find that the police are called and I'm afraid that they would be looking at you – not the seller. Maybe you can answer the questions that I've post above as to who it is who initiated the various ways of doing business.    
    • The legal campaign's going well then. The recount in Wisconsin gave Trump more votes but Biden even more, at a cost of $3m. And a donor to the organisation bringing the failed cases is suing to get his $2.5m back.   https://www.theguardian.com/us-news/2020/nov/28/joe-biden-gains-votes-in-wisconsin-county-after-trump-ordered-recount
    • Yes Unicorn feed tax again, can't sue the keeper for more than the Original Charge, so any additional Debt Collection fees aka the £60 they add is abuse,iof process as per HHJ Harvey at Lewes county Court What lookedinfroinfo is indicating is that the main signage on entry and dotted around is merely an " Invitation to Treat", not the offer, the Offer and Acceptance occurs at the payment machine, so wording there is key.
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Cabot/Optima Scottish Small Claims Summons Form 1a - 2011 Vanquis Card 'debt'


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Hi Everyone,

 

First of all would like to thank all the brilliant people in this site who have helped lot of people beat the Debt Collection Agencies tactis which are threating and stressful.

 

At the moment i am going thru the same level of stress and anxiety.

 

I recieved a Small Claim Summons from Edinburgh Sheriff court Form 1a, this was from Optima Legal on behalf of Cabot financial uk ltd, which related to a debt with Vanquis bank credit card. The copies attached.

 

As you might all be aware the process in scotland is different, the reason for this new post is to share my experience with others in scotland as there are not many threads here relating to scotland.

 

I have started of with three letters in a span of three days to the solicitor and to Cabot but had no response from them till now, and should be sending and estoppel and section 10 notice soon to follow.

 

In scotland CPR 31 is not valid and we have to apply for an incidental application to the sheriff for such documents, i have been to the court and was told to first submit my repsonse and then i can make an application for the incidental application for such documents, which i shall be doing now.

 

As this is new for me i was wondering if i could get more help on this below is the draft for my incidental application, if you good people can comment which would help that would be great, i have made comments in bold where i want further help so if you guys can help that would be great.

********************************************************

Dear Sir/Madam:

I hereby make a formal request under ACT OF SEDERUNT (SMALL CLAIM RULES) 2002 NO. 133 CHAPTER 17: Recovery of documents and attendance of witnesses, for the following Documents:

1) The agreement. You will appreciate that in an ordinary case, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

****SHOULD I BE ATTACHING THE £1 FEE TO THIS APPLICATION AND QUOTE THE SECTION IN THIS PART****

2) The Deed of Assignment

****WHAT LAW AND CASE POINT WOULD BE BEST TO QUOTE HERE FOR DEED OF ASSIGNMENT*****

 

3) The Deed of Novation

****IS THIS VALID REQUEST FOR DEED OF NOVATION WHAT LAW AND CASEPOINT CAN I QUOTE*****

3) The Notice of Assignment and proof of service of said Assignment Notice

****I KNOW THIS RELATES TO LAND AND PROPERTY ACT IS THIS VALID IN SCOTLAND*****

 

4) The Default warning letter

 

5) Default Notice and proof of service of said Default Notice

****I KNOW THIS RELATES TO LAND AND PROPERTY ACT IS THIS VALID IN SCOTLAND*****

 

6) The Credit Card Agreement as mentioned in your particulars of Claim

*****AM I ASKING FOR THE SAME DOCUMENT AS IN MY REQUEST 1 OR IS THIS DIFFERENT TO THE ABOVE*******

 

I hereby request Sheriff Clerk to grant commission and diligence to recover the above listed documents from the pursuer.

*********************************************************************

PLEASE REMEMBER GUYS I HAVE TO BE PHYSICALLY PRESENT IN FRONT OF SHERIFF SO THAT I CAN DEFEND MY REQUEST PROPERLY SO THE MORE INFORMATION THE BETTER PREPARED I AM SO PLEASE HELP.

 

Hope to hear from you guys soon

 

Thanks for your reply the documents in pdf

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Hi Everyone,

 

First of all would like to thank all the brilliant people in this site who have helped lot of people beat the Debt Collection Agencies tactis which are threating and stressful.

 

At the moment i am going thru the same level of stress and anxiety.

 

I recieved a small claim Summons from Ednburgh Sheriff court Form 1a, this was from Optima Legal on behalf of Cabot fianancial uk ltd, which related to a debt with Vanquis bank credit card. The copies attached.

 

As you might all be aware the process in scotland is different, the reason for this new post is to share my experience with others in scotland as there are not many threads here relating to scotland.

 

I have started of with three letters in a span of three days to the solicitor and to Cabot but had no response from them till now, and should be sending and estoppel and section 10 notice soon to follow.

 

In scotland CPR 31 is not valid and we have to apply for an incidental application to the sheriff for such documents, i have been to the court and was told to first submit my repsonse and then i can make an application for the incidental application for such documents, which i shall be doing now.

 

As this is new for me i was wondering if i could get more help on this below is the draft for my incidental application, if you good people can comment which would help that would be great, i have made comments in bold where i want further help so if you guys can help that would be great.

************************* ************************* ******

Dear Sir/Madam:

I hereby make a formal request under ACT OF SEDERUNT (SMALL CLAIM RULES) 2002 NO. 133 CHAPTER 17: Recovery of documents and attendance of witnesses, for the following Documents:

1) The agreement. You will appreciate that in an ordinary case, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

****SHOULD I BE ATTACHING THE £1 FEE TO THIS APPLICATION AND QUOTE THE SECTION IN THIS PART****

2) The Deed of Assignment

****WHAT LAW AND CASE POINT WOULD BE BEST TO QUOTE HERE FOR DEED OF ASSIGNMENT*****

 

3) The Deed of Novation

****IS THIS VALID REQUEST FOR DEED OF NOVATION WHAT LAW AND CASEPOINT CAN I QUOTE*****

3) The Notice of Assignment and proof of service of said Assignment Notice

****I KNOW THIS RELATES TO LAND AND PROPERTY ACT IS THIS VALID IN SCOTLAND*****

 

4) The Default warning letter

 

 

5) Default Notice and proof of service of said Default Notice

****I KNOW THIS RELATES TO LAND AND PROPERTY ACT IS THIS VALID IN SCOTLAND*****

 

 

6) The Credit Card Agreement as mentioned in your particulars of Claim

*****AM I ASKING FOR THE SAME DOCUMENT AS IN MY REQUEST 1 OR IS THIS DIFFERENT TO THE ABOVE*******

 

I hereby request Sheriff Clerk to grant commission and diligence to recover the above listed documents from the pursuer.

************************* ************************* *******************

PLEASE REMEMBER GUYS I HAVE TO BE PHYSICALLY PRESENT IN FRONT OF SHERIFF SO THAT I CAN DEFEND MY REQUEST PROPERLY SO THE MORE INFORMATION THE BETTER PREPARED I AM SO PLEASE HELP.

 

Hope to hear from you guys soon

 

[ATTACH=CONFIG]58185[/ATTACH][ATTACH=CONFIG]58186[/ATTACH]

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Thread moved to the appropriate forum.

 

Andy

 

You need to convert your upload to PDF format.....no one can read it in JPEG

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

 

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ouch your going to have issues here with it being a 2011 sign up

as a recon will suffice.

 

 

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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sorry what is a recon? and how will it change things

 

ok just read about it and found this

 

Carey V HSBC Bank plc [2009] EWHC 3417 (QB) (23 December 2009)

 

"108. Accordingly, I conclude that Reg. 7 requires *a copy of the executed agreement in its original form *as well as a statement of the terms as they are at the time of the request."

 

"SUMMARY OF FINDINGS:

 

234.

 

(4). If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms."

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they don't have to supply a copy of your actual signed agreement.

 

 

 

 

I'd be sending the claimant a CCA request

 

 

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 your reply, i have sent three letter requesting the same, i think they have to follow the below

 

copy of consumer credit agreement The Consumer Credit (EU Directive) Regulations 2010 section 55c

should they not follow the above even when i make a cca request as above they have not responded, but what i want to do is go thru the court by making an incidental application for the documents and would like some pointers if possible

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they don't have to supply a copy of your actual signed agreement.

 

 

 

 

I'd be sending the claimant a CCA request

 

 

dx

 

actually, the rules state that a copy of the agreement must be attached to the summons. BUT...the sherrif can overlook this if he or she is so inclined. BUT, if they overlook this, and yo ueventually lose your case, you will have a point of law to put on your appeal.

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:rockon::rockon:

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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Hi, thanks for your comment, can you point to me in the right direction where it says the copy of agreement must be attached to the summons in the rules? anything in the scottish law will be good.

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Hi

 

Today i recieved a letter from optima legal as below

 

***************

We acknowledge reciept of your letters of 15/18/22 june and note what you write.

 

We have passed a copy of your letters to our clients requesting a copy of Assignation,statement of account and credit agreement relating to the above agreement.

**************

 

Guys shall i still proceed with my incidental application to the sheriff as this does not cover all the docuements i want to recover or shall i wait, what are the pros and cons any experiences or suggestions

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Hi, thanks for your comment, can you point to me in the right direction where it says the copy of agreement must be attached to the summons in the rules? anything in the scottish law will be good.

 

" It is not necessary to produce any documents with the summons (although you may need to lodge them in court later if the case is defended) unless the claim relates to a regulated agreement under the Consumer Credit Act 1974 in which case you must attach a copy of the agreement to the summons. "

 

Page 6

 

[ATTACH]58228[/ATTACH]

 

And further information on the Scottish Procedure.

 

[ATTACH]58219[/ATTACH]

 

 

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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  • 2 weeks later...

sorry seems you've been missed

 

 

how is this going

 

 

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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further update, i have done a CCA and got a reply from Cabot saying that they do not have the agreement and have asked the OC for the documentation and they acknowledge they cannot provide this to me in 12+2 days and should take atleast 40 days, is this normal??, what does this mean any experiences worth mentioning here????

 

Also done an incidental application for retrieval of documentation, awaiting for a hearing date from the sheriff court, nothing yet.

 

Also i have made a mistake, in 2012 due to various demands by DCAlink3.gif i approached CAB and asked them to help me with my problem, they have contacted all the DCA's and got me a payment plan, but i was not in a position to pay them anything as i lost my job and had financial difficulties and also health problems, now will this reset the five year limit? eventhough i have not contacted them directly, please advise.

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depends if they have a record of it and what the letter said.

usual CCA letter from cabot if you read around

 

 

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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Hello helpers,

 

A quick question, as i was sifting thru my old letters and paperwork, i came across two documents where i have said to the credit agencies that i do not recognise the account, amount and do not remember signing anything for that amount, for this above debt(Equifax/Experian/Noddle), i have confirmation letters for them from the above CRA's, now my question is,

 

Was this account in dispute since that date?

If yes could it have been sold to the DCA?

does it break any regulations if sold if the account was in dispute?

 

What ever the answer to the above can i use it in my defense, if so what regulations i can quote, I have my incidental application hearing on the 30th of July, should i be submitting this in my defense?

 

Please help.

 

Thanks a Million.

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I'd stick solely to the no CCA bit

 

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
Hello helpers,

 

A quick question, as i was sifting thru my old letters and paperwork, i came across two documents where i have said to the credit agencies that i do not recognise the account, amount and do not remember signing anything for that amount, for this above debt(Equifax/Experian/Noddle), i have confirmation letters for them from the above CRA's, now my question is,

 

Was this account in dispute since that date? No

If yes could it have been sold to the DCA? Yes

does it break any regulations if sold if the account was in dispute? No

 

What ever the answer to the above can i use it in my defense, No if so what regulations i can quote, I have my incidental application hearing on the 30th of July, should i be submitting this in my defense?

 

Please help.

 

Thanks a Million.

 

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

 

If you want advice on your thread please PM me a link to your thread

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  • 2 weeks later...

I had my incidental application hearing today and the pursuer has told the court that the case to be sisted and they will provide the documents voluntarily, this is what i have requested for.

 

My question how long the case can be sitting in the cold room?

 

Is there a way to unsist the case?, If so what do i have to do?

 

How long i have to wait before i can do that?

 

What is the procedure if there is any to do unsist the case?

 

Please advise.

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as far as I am aware a sist is the same as a stayed claim south of the boarder

it could be years.

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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Since this is Vanquis have you sent a SAR for all of your statements yet,

they are well known for adding stacks of late and over limit fees plus

they tend to add their dreaded Repayment Option Plan and you can reclaim all of these fees.

 

 

I have successfully had a result from this company it will be worthwhile reclaiming any and all fees before it goes to Court...

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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  • 1 month later...

I have recieved a letter from Cabot Financial stating that they have not been able to send me the requested documents in the stipulated time,

 

 

i sent them the request on 1st July this year and to date i have not recieved the documentation

 

 

, they say they will still keep requesting the documentation from Vanquis bank.

 

letter attached.

 

Two questions:

 

Can i use this letter and apply to the court for the case to be struck out?

 

If so i know i have to use form N244, but what is the process in scotland, can you please help me with this?

 

Hope to hear from you soon.

 

Thanks,

Hussain.

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the case thus remains sisted then as far as I know

 

 

you could phone the court and ask.

 

 

but I think like down south

that it will cost you money to quash it, even if you could.

 

 

and ofcourse there is always the worry they will find the paperwork

and thus it would be a waste of said money.

 

 

TBH for a 2011 CCA

I suspect they'll eventually get the required document

even if it is a recon.

 

 

to be honest

I think the next move is theirs not yours

but no harm in ringing the court.

 

 

did you get that SAR off to the OC?

 

 

if not why not!

 

 

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 shall ring the court and ask how to proceed but i doubt they will give advise,

 

 

I have not done the SAR as i thought the court order requesting the doucmentation would be enough as i have included a request for PPI and all the charges and statements.

 

I thought a court order will serve better but i think i am wrong i shall do that this week.

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