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    • I'm sorry there are a few typos in my post - a hangover from injuries I had at the time being discussed. I did try to tidy it up straight away but wasn't allowed to repost after editing it.
    • You posted in a solid block of text and it's rather difficult to read. Please will you make sure that your posted future are properly spaced and punctuated and that way people will find it easier to give you the help and support you need.
    • I arranged the delivery of a set of drum kit wood shells with hermes, I booked directly online. They have told me the item is lost 70x50x55 cm box???   They asked me to fill in a claim form which I have done i declared a value of £300 for the parts sent and paid for extra cover. I had recently purchased the whole drum kit for £650 and shipping costs of £95.00 to get them to me.    After investigating the cost of replacing the shells, not a direct equivalent but similar, it will cost around £450.00 with delivery.   I want to get compensation over the £300, is that possible, i have informed them of the total loss with delivery costs, prior to shipping with Hermes as £745.   I am more than happy to go to the small claims court for the difference but would it be dismissed,   Should I go for the full cost of the loss or the cost of replacement shells only I have all the receipts for the drums and shipping costs prior to hermes losing my items.   I still have the remaining parts that a pretty much worthless now, unless i get a new set of drum shells.   Its probably going to to take ages, I've written to CEO of Hermes about my complaint as well just to cover all bases. Next stop will be the small claims court as i read they pull delay tactics and low offers.   They really didnt care and also didn't seem surprised when i spoke to a service agent.
    • Hi all I used to be a member here a few years ago when I went through a bad time - husband and I had bad health, both lost jobs etc, we got the usual helpful and sympathetic response from the bank.   With the help of CAG I did my best to fight back and found that some debts were legally unenforceable as well as the usual defective defaults and everyting else the banks were doing wrong. We're going back to about 2009/10.   With HSBC they refused to provide a SAR/CCA because I wouldn't provide a signature that matched their records. I remember I took the advice from CAG at the time NOT to sign.  in any case, due to my injury I was unable to do anything except scrawl. I told them that I didn't think the SAR required a signature and in abny case I couldn't. In short they refused to cooperate, there as a series of letters but they cited the DPA, at which point I pointed out that they were sending me demands, statements and theatening letters but only now were they saying they had to verify my ID (at that point, the bank said that they wouldn't send any more statements/demands etc until my Id could be confirmed (seriously, you couldn't make it up). I also pointed out that the guidance from the ICO was that if they were responding to the address they has on record and was the usual contact address, they could assume it was their customer writing to them. I even complained to the ICO who, as usual took the bank's side.   Eventually, I said to the bank that if they were unable to give me details of the alledged debt then I was unable to consider their demands and verify the situation and I wouldn't correspond with them any more and they could go to court if they liked. But, if they did lodge court papers, and sent the statements etc I'd immediately complain to the ICO that they hadn't verfied my ID acording to their own procedures (something the ICO had agreed was required), and I'd bring it to teh attention of teh court that they had deliberately not sent me the data to allow it to be resolved one way or teh other. If they didn't send the stuff through discovery, I'd lodge an embarassed defence and ask for it to be struck out as I had been asking for the records for 6 months or more.  I didn't hear any more from them, that was in March 2011.   In Nov 2015 I got a letter from Hoist Portfolio Holdings 2 Ltd that they has been assigned the rights from MKDP LLP and giving bottom Robinson Way's address. I hadn't heard of MKDP before and simply ignored it. I certainly wasn't aware it had be assigned to them in the first place.   A few days ago, I got a letter from Hoist again asking for payment. I intended to ignore it except for a letter I got from the Bank this morning.   The letter is the same one that has been mention on here very recently, a refund from the bank for £25 because they had determined I hadn't recived the correct level of service (no sh*t Sherlock!) The account number is NOT my currect account. It MAY be my credit card, but I seem to remeber they were rolled into one. I don't seem to have any correspondence about the CC, and I destroyed all paper documents a few months ago. All I have is scanned copies of letters (which may not be a complete record, but should be).   I received a letter in Nov 2017 from PRA about another CC saying the debt has been assigned to them (no letter of assignment from the creditor) and in Jan 2018 an 'Annual Statment'. Since then, nothing.   I've made a point of ignoring these kind of letters and demands in the past belieivng they were SB and eventually the data would be destoyed. After a few years of actually being able to relax, I'm now worried that the aggro is all going to start up again with this HSBC and other accounts.   Now, the questions. it is/was my understanding that the debts became Statute Barred a few years ago and they couldn't be enforced. The CC default was issued Feb 2009. A month later a Final Demand was issued for both current AC and CC giving a combined total. (that total is similar to the one sought by Hoist which gives my currect AC number).   So, are these accounts SB? If they are SB and the bank has desposed of them by assignment to someone, why do they still have my name and enough details of my correspondence to determine they didn't behave correctly? Does the DPA not require them to destroy data after 6 years?   On the same DPA note, it seems that this account is simply being passed around from one **** bag bottome feeder to another (maybe teh same one under different names), again, why is data still being processed after 6 years? Am I doomed to be persistely pursued by these scumbags until I die? Or am I worng? Are they able to process data as long as they like, even when there has been no contact for years?              
    • We are not offended. But we try to give you advice all the way and you seem to want to go your own way including hiding the identity of the breeder – for whatever reason, I can't possibly fathom – except that during the time that you have been hiding their identity, other animals presumably may have been at risk and other purchasers also may have had difficulty. Had you posted the identity of the breeder here, people might have stumbled on this information and become aware. It seems to me absolutely normal that if you start taking advice from somebody then you stick with it. We are not offended, but is a bit frustrating to feel that we are putting effort into helping you – but in fact you are off doing your own thing and not necessarily in your best interests. Anyway, you've sent a 28 day letter so you have to stick with it. You say you haven't done this kind of thing before so you need to read around and find out the steps involved in taking a small claim in the County Court. Now you have a decision as to whether to look at the advice we give here on that or go to Which? or whoever else you may have been consulting. One of the problems about having gone to Which? is that although they have effectively given you a letter of claim to copy out which gives 28 days before taking legal action, they didn't explain to you that 28 days wasn't necessary and that the pre-action protocol only requires 14 days. So you came away from them not really understanding the whole story and the choices you had. I'm afraid I was find it very frustrating that these organisations which purport to inform and empower consumers don't tell them the whole story.   The reason why Which? gives this kind of softer advice is because they don't want to alienate themselves from corporate interests and they don't want to seem to be to pushy. Unfortunately we have found over 15 years that in order to assert your rights properly, you need to be pushy. The County Court papers are the great Equalizer between you and all sorts of commercial interests including huge multinationals. Still, let's see maybe your breeder will respond within 28 days with something satisfactory. However, you better be prepared and ready to take the next step – if you know what that is
  • Our picks

Cabot/Reston Claim Form - Cap1 Card 'debt' Please Help


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http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

 

Take a look in the above forum......I would think carefully before considering a counter claim.

 

Regards

 

Andy

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Had a read and was going to start writing the defense on the grounds of not having received a reply from the most recent CCA. Obviously enter it after the time limit to supply the documents has expired. If this is sufficient then I wont pursue a counterclaim.

 

Should I mention the other CCAs that I got no response from as well?

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yes and yes

 

 

but you have no real need to file it until the day its due.

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'll have it ready in plenty of time anyway and post on here for a review if that's okay.

 

If a CCA request gets sent back to the original creditor, (assuming the dca has no documentation that is). Wouldn't CapOne be in breach of something by selling it on after that?

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nope

 

 

most debts are sold on simply a phishing list database with minimal details

it gets popped into a PC and it churns the rubbish out they want to send

 

 

9/10 no human involvement other than to check the outstanding balance if its worth fleecing you

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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  • 2 weeks later...

So, got a reply from Restons re CPR request.

 

Surprise surprise they are asking for a signature before they can comply.

 

I have a letter to be used in the case of a CCA reply where they ask for a signature. Is it worth tweaking that or just leaving it to wait for the CCA?

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doesn't matter ignore them

 

 

you do not have to sign

plus reston don't do cpr anyway

 

 

ignore

 

 

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 can't understand the obsession on CAG about not providing a signature. Do you think a firm like Restons would forge your signature onto a document ?

 

You're missing the point, but I'm pretty sure you know the reason why signatures are not required on certain requests for information?

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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Hows this for the defense, I'd like to get it in early as I've got a busy week ahead and any advice is appreciated:

 

Particulars of Claim

 

1 The Claimant claims payment of the overdue balance due from the Defendant under a contract between the defendant and Capital One dated on or about May 01 2007 and assigned to the Claimant.

 

Proposed Defence

 

1 The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies upon CPR r 16.5 (3) in relation to which a specific response has not been made.

 

2 The Defendant accepts that he has held an account with Capital One but the amount claimed is denied. Furthermore the claimant is in default of a request made under section 78 of the CCA 1974 made on xx/xx/xx, which has not been complied with and this agreement is disputed.

 

3 The Defendant requested copies of the documentation relied upon by way of a CPR 31.14 request dated xx/xx/xx, the claimant in their reply dated xx/xx/xx has failed to supply any supporting documentation.

 

4 The Defendant has two previous requests made under section 78 of the CCA 1974 dated xx/xx/xx and xx/xx/xx that have not been complied with.

 

5 It is therefore denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of contract, requested by CPR 31.14, therefore the Claimant is put to strict proof to:

 

A show how the Defendant has entered into an agreement with the Claimant; and

 

B show how the Defendant has reached the amount claimed for; and

 

C show how the Claimant has the legal right either under statute or equity to issue a claim.

 

6 As per the CPR Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7 On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law and Property Act and Section 82A of the Consumer Credit Act 1974.

 

8 By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

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Your point 4 Piano.....

 

If they were made to previous DCA or OC then they are irrelevant...only refer to anything in connection to CAbot.

 

Andy

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Your point 2 could do with a little further explanation.....

 

2 The Defendant accepts that he has held an account with Capital One but the amount claimed is denied. Furthermore the claimant is in default of a request made under section 78 of the CCA 1974 made on xx/xx/xx, which has not been complied with and this agreement is disputed.

 

Why is it denied ?...the fact that the claimant remains in default of your request is a reason but should not be made the priority reason and basis of your pleading.

 

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 The Defendant accepts that he has held an account with Capital One but the amount claimed is denied. It is unclear as to how the claimant arrived at the given figure.

 

I'm a little stuck as to a better way to put this, any ideas if this is not sufficient?

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2 The Defendant accepts that he has held an account with Capital One in the past. I cannot recall the precise details of the agreement or recall any alleged amounts outstanding.I have therefore sought clarity by way of a section 78 and a statement of account.The claimant has yet to comply and remains in default of said request.

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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  • 4 weeks later...

usual crap from that rectums chef

ignore

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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Pestons running scared, just their way of trying to save face, before they throw in the towel.

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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  • 3 weeks later...
So the case has been Stayed, as they have not replied to the defense.

 

Can I apply to get the case thrown out or will this happen naturally if they don't reply back to the court?

 

Nothing to strike out as the claim is stayed...its only a prospective claim until its allocated.

 

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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