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    • hi all. bit of advice please. I had a Three contract up until November last year. At £11pcm for 24mths. Paid every month on time via their online portal. When I ported over, I received a letter from Three thanking me for being a customer blah blah blah.. It also said IF I owed anything a final bill will be sent. No final bill ever received - I get a phone call around the first week in December form an Indian sounding man who was extremly difficult to understand. Said he was calling from Three, and wanted me to confirm my details - something of which I didnt as something didnt sit right. He said I could log into my account and review my bill as I owed money and then hung up. After the call I thought I'd best log into my account just in case.  Couldnt log in. Account access denied. Logged on to chat - they said as I ported over and I was no longer a customer my access was suspended. Couple of weeks later I had another call from a local area number and answered again it was some Indian guy telling me I owed money, wanting me to confirm details. I refused and he said details will be sent out to me to my email on account and my home address as it was important. Once again nothing.. 15th Dec I received an email from PastDue in my name RE Three. Email stated they were contacting me about Three an I should receive a letter soon regards to this matter. Says about visiting their website.  22nd Jan another email form Pastdue. Stating they have yet to receive a response to the letter, and they had already sent me an email about this. We will continue to contact you until this matter is resolved. Again asks me to login. 23rd Jan letter received dated 13th Jan. Titled "We are here to help keep your Three Services"  Claiming I owed "Airetime Balance £201.43" and contract period was 26/11/2019 to 25/11/2020 States "We have been appointed by Three to recover the amount of £201.43. If you pay this amount in full Three may be able to waive the cancellation fee and reconnect their service for you" - what cancellation fee / re connection??? I ended the contract giving the 30days notice and paying the last bill.. Then the normal crap about its important to pay. If I'm experiencing difficulties etc. Now both December and  January Credit reports from ClearScore, Credit Karma, Credit Expert, Totally Money and Equifax all show Three as Closed and balance as Zero. (Date Satisfied /closed 17th Nov, bal 0, last updated 30th Nov) I've had nothing from Three. As far as I'm concerned I owe nothing as no final bill and no access to the portal. Should I email PastDue and do a prove it & attach proof of Credit Reports being £0 or do I do something else?  
    • Hi she did say she was cancelling and returned the equipment. It looks like they put her on a rolling contract for 24 months when she phoned before trying to reduce her payments as they kept going up. I know Sky haven't done that to me. She didn't see that email as she's had lots of stressful situations. No.letter in post or when she originally phoned about reducing her bill well over £100 they didn't tell her about this contract. Like you say there should be recordings. BT mobile contract is separate to broadband and the cancellation fee is for the broadband. They have blocked her mobile so she can't use it and that is a contract. She is phoning CAB in the morning and checking through her paperwork. I'm quite happy with Sky as they tell you upfront what is happening and have never rolled over my contract. Thanks for taking time to reply it is much appreciated. 
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      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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Lloyds/Shoos 1a claim - Credit Card debt to at old address***Claim Discontinued***


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Hi everyone, haven't been on here for a while but wondered if anyone could lend an ear to this;

 

I defaulted on a Lloyds Credit Card 3 years ago;

it was linked to my bank account and I have never tried to hide my address from Lloyds,

and still use the current account.

 

I became a student again for a while and didn't hear anything about the card,

until recently when I became aware that Cabot were chasing me at an old address.

 

I've since received a forwarded letter sent to my old address from Shoosmiths,

giving me 14 days to reach settlement before taking action,

but the 14 days had expired by the time I received the letter.

I have now asked for all letters to my old address to be forwarded to me.

 

I would actually like to sort out the debt and reach a full and final settlement,

and really don't want to get the CCJ;

 

I wrote to Cabot and asked them to write to me at my new address;

which they should have been supplied by the OC anyway,

and have heard nothing.

 

What is the general opinion on this;

should I try and CCA Cabot now, or wait for the CCJ

and apply to have it struck out?

 

I don't want to confuse things further, but do want it sorted.

 

 

 

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Hi eastlondoner

 

It would appear this letter from Shoos sent out a week after the drafted date is doing the rounds ...we have quite a few threads stating the same...so obviously a template on mass scale.

 

CCA Caboot now.

 

Regards

 

Andy

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  • 2 weeks later...

Thanks Andy.

 

I CCA'd Cabot immediately after this, using the template and enclosing a blank postal order for £1.00.

This was returned two days later with a handwritten note and my original letter,

saying that it could not be accepted unless made out to Cabot Financial.

 

Meanwhile, on the same day, Shoosmiths served court papers to my old address.

I have returned a crossed postal order again citing my current address.

 

Just to reiterate, the OC has always been aware of my current address via my current account,

and I have never tried to hide;

I had no response to my letter dated before Christmas

asking for Cabot to contact me at my current address rather than the old address.

 

I'm reading through as many other threads as I can, but not really sure what to do now,

or which address to use. I have just started my own business and really don't want the CCJ.

 

I should also say that the debt would've been taken out under English law and I am now residing in Scotland-not sure how this may affect the process and I don't want to get anything wrong.

Would really appreciate any input.

 

Best, EL

 

 

 

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They refused your CCA request because they know damn well they don't have the paperwork, so they think they can rush through a judgement before you realise

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Yes, thats what I suspected Renegadeimp, although I'm still not sure how to proceed with it. Old address is a family member and I really don't want them having to deal with/worry about it.

 

 

 

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I'm just posting the info from the claim form that was sent to me at my old address,

in the hope that someboy might be able to give me some advice regarding a defence

- bearing in mind that I wrote to Cabot before Christmas asking for them to contact me

at my current address in the first instance, and they sent my postal order

and reponse to first CCA request back to my current address.

Many thanks in advance for your help (and for running this fantastic site).

 

CLAIM FORM RECEIVED ** In Scotland **

 

What is the claim for – the reason they have issued the claim?

Sheriff Court

Statement of Claim

 

The parties are designed in the instance. The named defender resides at xxxx Not my address xxxx. The defender has been so resident for more than three months immediately preceeding the raising of this action. The defender is domiciled there. The court accordingly has jurisdiction. There are no proceedings pending before any other court involving the present cause of action and between the parties hereto. No agreement exists prorogating jurisdiction to another court.

 

The pursuers are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement between the pursuers and Lloyds Banking Group dated xxxx 2014 xxxx the pursuer acquired the right to payment in respect of all debtsand other monetary claimsof any nature due or owing by the defenders to Lloyds Banking Group which were in existence as at the date the said Agreement was entered into in relation to the contract hereinafter condescended upon. The said assignation was intimated to the defender by way of written notice on or around the date of assignation.

 

The said contract between Lloyds Banking Group and the defender is dated xxxxx 2007and relates to Credit Card agreement with the account number xxxxxx. The said account is in default and and the sum due thereunder is due and payable now. As at the date hereof, the sum due in terms of the said agreement amounts to £3100.00 conform to a copy statement of account which will be produced in any defended process to follow hereon. In terms of the debt purchase agreement hereinbefore condescended upon, the right to receive payment of the sums due on terms of the said statement of account vests in the pursuer.

 

The defender has been called upon to make payment of the sums sued for. They refuse or at least delay in doing so. This action is accordingly necessary.

What type of action? Summary Cause

 

Is the claim for a current or credit/loan account or mobile phone account? Credit Card

 

When did you enter into the original agreement before or after 2007? After

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.

Assigned to Cabot

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

 

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

 

Why did you cease payments:- Spring 2012

 

Was there a dispute with the original creditor that remains unresolved? No although there are charges on the account

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementlink3.gif plan? No

 

 

 

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Moving your thread to the Scottish Forum also...as the claim as been issued under Scottish process.

 

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

 

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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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Thanks Andy, yes I've read through the links.

I'm going to defend it on the basis of wrong address when my correct address was available and no paperwork.

 

Cabot have still not responded to my request last year to write to me at my actual address.

I would be happy to leave this and go for a set aside later,

but do not have £150.00 to spend on it.

Thanks for your help so far.

 

 

 

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Cheaper and easier to defend/ deal with it now...set a sides are not guaranteed.

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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  • 3 weeks later...

I'm just writing my defence for this, which has to be in by the end of the week.

 

Defence so far is on jurisdiction of the court / incorrect address, and I have also received a letter back from Cabot, unsurprisingly saying they do not have my agreement and that they will cease collection activity on the account until they find it.

 

I've been using the excellent information on Deimosboy's thread, but am slightly concerned about the expenses part; on a summary cause these don't seem to be limited and I am worried about how much the claim against me could be if I lose?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?447573-Summary-Cause-Summons-from-Cabot-clydesdale-loan-**dismissed**&highlight=Deimosboy%27s

 

 

 

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Hi East

 

As your claim is a lot less than the above thread and in small claims rules section...costs are limited to the claimant...as is your exposure.

 

https://www.scotcourts.gov.uk/taking-action/small-claims

 

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

 

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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...

Just to update the thread;

 

The court experience was not what I was expecting

- I have accompanied someone else to a similar hearing to provide moral support in the past, which was in a small room with only the Sheriff present

- on this occasion it was in a full court, in front of four solicitors and other defenders.

I was extremely nervous, and probably did not make my points as clearly as I would have liked.

 

I explained the scenario, including that Cabot had launched an action to my old address whilst being aware of my current address, and the lack of documents.

 

I produced the letter I received from Cabot stating that they did not have the agreement and had requested it from the creditor,

but the pursuing solicitor argued that because Cabot had requested it from the original creditor they deserved more time to retrieve it.

The Sheriff gave Cabot another 8 weeks to find the agreement and gave another date for the next hearing.

 

I tried to make the point that launching an action without being able to ascertain whether or not there existed a claim in law was not my understanding of court procedure, but the Sheriff said all he could do was adjourn it or send it to a proof hearing, although she did tell me I was doing the right thing by defending the claim.

 

I am a bit disappointed to be honest,

more so because the court is over four hours journey from my actual address, and clearly does not have jurisdiction over my case.

 

After we had stood down the Sheriff and the Clerk were examining the copies of the letters I gave and mentioned jurisdiction to the pursuing solicitor but this was after the next hearing had already been called.

 

I was told there was a process for getting the case transferred but that I should call the pursuing solicitors to find out about it - all seemed very vague.

 

Not really sure where to go from here,

and to cap it off,

I lost my job last week which puts a whole new slant on things.

 

I may not be able to afford to get to the next hearing as it stands.

 

 

 

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Sounds like they may have been discussing whether they had jurisdiction to continue Easty...if the next hearing is solely reliable on the disclosure of documents I would be checking and waiting to see if they complied before making that journey.

 

Andy

We could do with some help from you.

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  • 1 month later...

Hypothetical question ... With the hearing imminent and no agreement, if the solicitors attempt to arrange a dismissal as long as expenses are not claimed, should I take it or have the moment in court?

 

 

 

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Let them dismiss it..what have you to gain by a day in court?

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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How long you been resident in scotland?

 

If over 3 months a quick jurisdiction dispute would have quashed it

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

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  • 8 months later...

Just to update this thread; a few days before the hearing, Shoosmiths contacted me and agreed to drop the claim under the proviso that I did not make a counter claim. I accepted and haven't heard anything back as yet. 6 months until SB. I fully expect more twists in the tale.

 

Many thanks for all help on this thread. Sorry for late update.

 

 

 

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Well done Eastlondener and many thanks for the conclusion......thread title amended to reflect the outcome.

 

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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