Jump to content


  • Tweets

  • Posts

    • This is the full SAR documents that I received. It includes the proof that they deliberately chose not to give me a physical PCN at the time of parking. W3 SAR documents .pdf
    • for the sake of history, i've merged your old sadly failed charges reclaim court claim. have they ever sent you a default notice regarding this mortgage? dx  
    • I am financially at  point where I can see the light at the end of the tunnel regarding my debts. I have one remaining and I am interested to see what my options could be. I have be in contact with the Citizen’s Advice Bureau and the National Debt Helpline, but their advice has been a little more generic (but still helpful). This debt is 12 years old and is now owing around £3k. It was a bank loan and has been passed to several creditors over the years. A payment plan has always been in place and is up to date. I get statements every 6 months. There has never been a CCJ. I have been sent the letters advising of change of ownership. Following my own review of my finances, I decided to contact the current creditor to see if they have a copy of the credit agreement. I regarded this as due diligence as the debt has been sold on several times. The creditor updated me several times saying they had requested the document from the original lender. After 12 months of this they wrote to me saying they had not received it but were still waiting and would send it once received. The last letter was over 6 months ago. I then submitted a freedom of information request to the current and original creditor. The original creditor supplied one, but the current one did not include one in the pack they sent me. I went back to them to ask specifically about this as it was what I requested in my request. They replied saying the debt was sold to them as one without the credit agreement and they did not have it. They have requested it above, so I believe that means they cannot obtain it either for the FOI request. I contacted the original creditor and exercised my ‘right to be forgotten’, under the Data Protection Act, which they have complied with. I also got my up to date credit file and this debt is not showing on it with the current creditor or any others. I contacted the creditor and made them an early settlement offer. They do have an early settlement offer in place on their portal, but I was advised to try to get a reduction via negotiation. I have not heard back from them yet, but I understand through a separate upheld compliant it has or will be refused. Due to this complaint and the creditor putting the account on hold I had stopped payments, and advised them of this. To date, they have not contacted me about resuming payments since the complaint is resolved, but it has only been a few weeks. I am annoyed that they were not honest with me about not having the credit agreement, because that is not being transparent and I understood they should tell you if they do not have it.   I have two questions (but am open to anything else anyone would like to add): 1) Based on the above, does anyone think this account enforceable? I do not think it is? 2) Does anyone have any suggestions on how to proceed? I could resume payments and then settle early. If the above had not happened, I may have just done that. Thank you for any help or input anyone can provide. It is appreciated.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Cabot/reston claimform - old LLoyds Credit card 'debt'


LaFrogage
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3085 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi Dx

 

 

no I haven't done that yet...difficulty getting information fro Lloyds...will try again...if can't get it...shall I file the SB defence without input from Lloyds?

 

 

Thanks

 

 

well if you cant get info

how do you think the fleecers are gonna get on?

 

 

if you are 100% certain its SB

then file that def

 

 

its for the claimant to prove its NOT SB'd

not for you to prove it IS>

ring Lloyds now

sats are usually quiet

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... 

Link to post
Share on other sites

Hi

 

 

 

 

spoke to Lloyds they have no details and referred me to their debt recovery team; phoned the debt recovery team which turned be some anonymous call centre in India.

 

 

I am reasonably certain this debt is well over six years old...and I have not made payments on it...so I am thinking of submitting the SB defence...and as Dx says for them to prove its not statue barred...

 

 

Thanks

Link to post
Share on other sites

  • 2 weeks later...

hope you filed that SB defence in time

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... 

Link to post
Share on other sites

Hi Dx

 

 

the SB defence was filed on Monday the 2nd of November, I have had a letter from the court acknowledging service, stating if there is no response from Restons within 28 days they will strike the matter out.

 

 

The court state a copy of my defence has been served on restons and if we cannot settle this matter then the claimant must indicate whether ot not they wish to proceed.

 

 

Interestingly I have received a letter from Restons dated the 3rd November (day after defence served) stating since there has been no response to this matter they are applying to the court to obtain judgement by default and are offering me a payment plan

 

 

 

 

 

Considering they sent back the CPR request on the premise it was unsigned, had my defence served on them, how on earth can they expect to obtain judgement by default

 

 

Might ring the court service to confirm that, however, any advice regarding the above would be appreciated/

Edited by LaFrogage
error
Link to post
Share on other sites

Hi Dx

 

 

just spoken to the court, my defence was filed on the 2nd of November, since Restons letter was dated the 3rd of November the any request for judgement by default would be refused.

 

 

So I wait for the next instalment, thank you so much for your help, would have been lost without the advice and guidance given from CAG members.

Link to post
Share on other sites

You should receive a Notice of Discontinuance shortly:wink:

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 OTHER

 

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

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

Link to post
Share on other sites

Hi All

 

posted a reply that hasn't appeared, so will post again, apologies if this get duplicated!!

 

So far no response from Cabot Finance re; CCA agreement etc,

 

 

however received a letter from Restons this morning advising me that I had not presented any evidence that this matter was statute barred and should have provided proof my last payment was made over six years ago;

 

 

they also say they have information from their client ( I presume their client is Cabot?)

that my last payment was made in September 2012,

I am reasonably certain this is wrong and will be checking my bank statements to confirm this.

 

An income and expenditure form is included and they advise me unless I withdraw my defence

and complete the I & E form within the next fourteen days their client MAY instruct them to continue proceedings by asking the court to strike out my defence and issue summary judgement against me.

 

Since I am still waiting for the information from Cabot how on earth can Restons have information I made a payment in September 2012, interestingly there was no documentation relating to the claimed last payment.

 

Do I need to do anything? if so does anyone have any suggestions.

 

Thanks

Link to post
Share on other sites

Thanks O/C

 

 

will do that, just a straight forward letter requesting that information, do I need to qualify it by not acknowledging the debt and do I need to do anything with Cabots who have still not provided the CCA despite having had the matter since the 13th of October.

Link to post
Share on other sites

std restons defendant intimidation tactics if you go read a few reston claims here

 

 

its not for you to prove it IS SB'd

its for them to prove its NOT.

 

 

pers I'd not respond at this stage.

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... 

Link to post
Share on other sites

we've seen this a few times here

 

 

restons simply reply by saying

check your own statements that your bank sent or the OC would have sent you.

 

 

when/if it get to the directions questionnaire stage

this issue can be raised then.

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... 

Link to post
Share on other sites

Thanks Dx

 

thought about it and not going to respond..

 

.if Restons had proof a payment had been made in the last six years...all they would need to do would be to submit their defence and ask for a hearing date..

 

.just checked the court web site..

.and Restons have not responded..

.so doing nothing for now apart from check bank statements

 

...how do they continue to get away with these fairy tales...

Link to post
Share on other sites

 

So far no response from Cabot Finance re; CCA agreement etc,

 

 

however received a letter from Restons this morning advising me that I had not presented any evidence that this matter was statute barred and should have provided proof my last payment was made over six years ago;

 

 

they also say they have information from their client ( I presume their client is Cabot?)

that my last payment was made in September 2012,

I am reasonably certain this is wrong and will be checking my bank statements to confirm this.

 

Thanks

 

:)

dont they have to provide the proof that there was a payment within the last 6 years!

if they have such 'information', then they should furnish it (eg payment proof eg logs/statement) to poss avoid any further litigation. why be so vague?

do check your statements, as if nothing there then they can be used to rebut if required.

is a cca request response still outstanding also?

Link to post
Share on other sites

:)

dont they have to provide the proof that there was a payment within the last 6 years!

if they have such 'information', then they should furnish it (eg payment proof eg logs/statement) to poss avoid any further litigation. why be so vague?

do check your statements, as if nothing there then they can be used to rebut if required.

is a cca request response still outstanding also?

 

Ford...this is Pestons......:lalala::lol:

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 OTHER

 

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

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

Link to post
Share on other sites

:)

its funny, they ask for lafrog to evidence their defence when it is for them first to evidence their claim. no relevant evidence should = no claim (unless a J is creditor friendly :))

Link to post
Share on other sites

  • 3 weeks later...

Hi All

 

well nothing from Cabots re: the CCA request despite them saying believed they would have the information available in 40 days,

they've now had 46 days to respond.

 

 

I filed my defence to the summons from Restons on the 2nd of November, so their 28 days to respond is now 'up'.

 

 

I have asked the court how I have the matter 'struck' out,

 

 

they have emailed me some forms,

after reading through them it seems I will have to pay £50 to have this 'struck out'

do I need to do that or should I just leave the matter.

 

Once again any advice would be greatly appreciated.

 

Thanks

Link to post
Share on other sites

Have what struck out?...the claim is stayed...its a none entity.

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 OTHER

 

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

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

Link to post
Share on other sites

A quick update just had a letter from Cabots stating they are unable to get the information from the O/C within the time period,

they say they will continue to request the information and in the meantime put the account on hold

and come back to me if/when it is obtained.

 

??????

 

Should I respond and point out their solicitors have my SB defence

and have failed to respond within the requisite 28 days,

or just do nothing

 

Hi Andy

 

sorry bit of a novice at this, okay so I need do nothing at all?

 

Thanks

Link to post
Share on other sites

A quick update just had a letter from Cabots stating they are unable to get the information from the O/C within the time period, they say they will continue to request the information and in the meantime put the account on hold and come back to me if/when it is obtained.

 

 

??????

 

 

Should I respond and point out their solicitors have my SB defence and have failed to respond within the requisite 28 days, or just do nothing

 

No

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 OTHER

 

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

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...