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I can instruct my dog to sit

if it does is another matter

they can issue all the 'claims'

doesn't say court claim.

 

 

what was the title of the letter..

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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:whoo:

 

what was the title of the letter..

 

It read,

 

Dear Sir

Our Client: then my partner's name (so they got that wrong) Account no:

Outstanding amount: Original Creditor: Cap One.

 

There was no title, ah, yes, it did not say LBA.

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  • 2 months later...

Hello Everybody,

 

This debt to Cap One became statute barred in August 2016.

 

The Ombudsman's Decision was in my partner's favour and Cap One did not comply with it.

The account was still in dispute while Cap One sold it to Cabot.

 

My partner has now received an N1 claim form from Claimant Cabot,

address for documents Drydens,

claiming, 'a sum of money under an agreement between my partner and Cap One.

 

Defendant has failed to make payment in accordance with the terms of the agreement despite requests for such payment.

 

And the Claimant claims the sums of .... together with costs.'

 

I will get my partner to return the Ack of Service.

 

I would appreciate some guidance please.

AA

x

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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

Name of the Claimant: Cabot Financial (UK)

 

Date of issue: 15.09.2017

Date to submit Defence = 17.10.2017

 

Particulars of Claim

1.The Claimant’s claim is for the sum of £495.00 under an agreement regulated by the Consumer Credit Act 1974, between the Defendant and Capital One Account Number XXXXXXXX and assigned to the Claimant on (date given), notice of which has been provided to the Defendant.

2. The Defendant has failed to make payment in accordance with the terms of the agreement despite requests for such payment.

3. And the Claimant claims the sums of £493.00 together with costs.

 

What is the value of the claim? £495.00

 

The claim is for: A Credit Card

 

Original Agreement entered into: June 2007

 

Has the claim been issued by the original creditor? No

The account was ‘purchased’ while it was in dispute with the original creditor over PPI.

The Ombudsman found in favour of my partner.

The original creditor refused to reconstruct the account properly in order to calculate the PPI and therefore never complied with the Ombudsman’s Decision.

The account has remained in dispute ever since then.

 

 

The account has been ‘purchased’ twice more by different debt purchasers.

 

It is the latest Debt purchaser who has issued the claim.

 

Were you aware the account had been assigned? No. My partner did not receive a Notice of Assignment.

My partner informed each new debt purchaser of the Ombudsman’s Decision, and that the debt had been sold unlawfully while it was in dispute, resulting in each debt purchaser selling the debt on.

 

Did you receive a Default Notice from the original creditor? Yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? No, none at all.

 

Why did you cease payments? Because the Ombudsman found in my partner’s favour. The original creditor refused to comply with a total reconstruction of the account and repayment of the PPI charges, late interest charges, admin fees and other charges to the account that would not have occurred without the application of the PPI.

What was the date of your last payment? End of August 2010. (I can provide the exact date.)

 

Was there a dispute with the original creditor that remains unresolved? Yes, as above. The original creditor has to date not complied with the Ombudsman’s Judgment. Interest is therefore still accruing on the money that should have been returned to my partner’s account but was not.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No. (I will check this, but I am sure not.)

In late 2015 my partner wrote to Drysdens, advising them of the positiing the sman's Decision and that informing them that the company who admitted to owning the debt was responsible for complying with the Ombudsman's Decision. He requested that the conditions of the Omb's Decision be complied with and awaited payment of close to £4,000 from them in this regard. After that, he had no communicid not hear from them from them until this past year.

 

Thanks

AA

xx

 

I'll update my calculations using the fos calculator - just in case.

xx

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pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

 

 

 

I doubt the debt has been sold on

just differing names of DCA's within the same group.

 

 

sadly it makes little odds the account was in dispute that's no bar to selling on nor litigation.

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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no go check post 30

have updated your date

its 33 days from the date on the claimform, you had it wrong

 

 

it cant be statute barred you've been in contact with the FOS and cap1

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,

 

I have been reading the Act on OPSI.

 

‘The Limitation Act 1980 (Extract)

 

c. 58 Part 1: Time limit for actions for sums recoverable by statute.

 

(1) An action to recover any sum recoverable by virtue of any enactment shall not be brought after the expiration of six years from the date on which the cause of action accrued (ie, the last payment into the account).

(2) Subsection (1) above shall not affect any action to which section 10 of this Act applies.

 

 

5. Time limit for actions founded on simple contract.

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.’

 

 

Creditors can only use the legal system to recover any money for up to 6 years after the last payment was made to the account.

 

My partner has indeed been in contact with the FOS and Drydens Fairfax, not CAP1, when he requested circa £4,000 from them. His position was, and is, that there is no debt, as the amount that the creditor owes him for reconstructed PPI, charges and interest on the account is far more than the money they say he owes them. He received a holding reply and nothing since.

 

He has not, during the last six years, ever written to the creditor acknowledging nor admitting that he owes the debt.

AA

xx

 

He requested £4,000 from Drydens on the basis that if they said they 'owned the debt', they were liable to pay the £4K. Of course this would be a much larger sum now as it has been accruing.

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sadly doesn't matter

all these fleecers would need to do was to produce one of these letters and as its about the specific account and he is referring to it

in my mind its acknowledging it exists, esp as the FOS an official Govt body is involved

 

 

if the debt is all PPI/charges then that can be dealt with in the defence that must be filled by 4pm the 17th.

 

 

one final point

the PPI reclaim is against cap1 and not drydens

nowt to do with them .

 

 

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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you are the only one getting confused

 

 

PPI reclaims are always against the original creditor.

 

 

yes we know cabot bought the debt you said that last year.

drydens are solicitors not the claimant [cabots dogs]

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

'you are the only one getting confused' - yes, I know, but that comment comes across quite harsh.

 

 

The problem I have is that in the last year I had an accident and became disabled with a spinal injury, on lots of pain meds, so my brain can be quite foggy sometimes.

 

 

I think I need an accountant to do the calculation working from the FOS Decision.

 

 

I just did it using CISheet 101 which is compound interest, only to look at the Decision and it says 8% simple.

 

Ah, but the 'alleged' debt is all PPI, and the reconstitution is far in excess of it.

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that's ok well guide you.

 

 

if you've still got you old CISHEET then the data needs to be put in the fosrunning or at best the FOSCI not the CIsheet that will VASTLY over calculate the reclaim esp if you don't put the claim to date to the last date they charged you interest, which is where things might be going wrong.

 

 

attach it here as an .xls click go advanced bottom right then manage attachments

then upload 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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