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    • My thought is: you need a solicitor yourself, and quickly.   The legal situation sounds extremely complicated.    There's only question that I feel confident in advising you on. You ask "The letter was also not recorded in case it makes a difference." No it doesn't. It might have done if you hadn't received the letter, but you have.
    • Hi DX   I have amended the WS and I hope i have taken out the meaningless gibberish.    Thanks, Roland    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF      INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There is an Agreement and 2 sets of Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. The agreement in the JK1 exhibit on page 2 shows an agreement with my name, address and a date but no Account Number or Reference Number as the same was not mentioned in the Claimant’s Particulars Of Claim, which was addressed in my Defence Para 1, ‘the particulars of claim are vague and generic…’.    3. The Claimant’s Witness Statement does not state how the agreement was made, via telephone, post or electronically.   4. There are 2 sets of Terms & Conditions Pages 4-10 which does not show my name and address as per the Consumer Credit Act 1974 Request.    5. Pages 1-10 can easily be downloaded from various internet forums and image sites and have my details inserted with any picture manipulation software.   6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974. 8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.  9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.     I believe that the facts stated in this Witness Statement are true.    Signed:  Dated: 
    • Thanks ericsbrother, I'll get on to it.  It appears that they had taken on the contract that very morning, so I'm one of their very lucky first victims. Waaaay 
    • Yep I sent a copy to them also. Just send strange saying yes to then say no, I'm not used to all this though. It definitely doesn't come naturally to me 😕🙂 Will arrange a date ASAP!    Thank you again
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Worried very much

GDR trace/global dept recovery

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Good afternoon,

 

 

I received a withheld phone call on tues 19th April asking for my ex husband,

told them he doesn't live and as never lived here,

 

 

they asked if I knew where he is,

I said I've not seen him for 19 years,

then asked about me as this is a joint dept from 19+ years ago,

I was so silly to answer their security question and give them my mobile and email address.

 

 

Wednesday I received a letter from gdr trace saying that they think I'm the person there client wishes to contact,

 

 

I've not phoned them as yet as this was posted on the 18th before my phone call on the 19th,

obviously they are working together.

 

 

It was a messy devorce which ended my house got repossessed,

I've never hidden away as I still pay a monthly payment to this.

 

 

They said they sent a letter in 2001 to that address and whoever lived there said I didn't live there,

I know for a fact my ex would not say he owed this dept or made any contact,

I would think this would be statued barred,

 

 

I'm so worried at the min about all this and would love for some advice,

I've seen the template letters that can be send and would this stop contact,

somehow I don't think so with this company.

 

 

I've looked as well on my credit file and everything is ok there.

I'm waiting to still received the letter that they said on the phone call, but have not as yet,

they told me I had 2 weeks to get back to them when I do get this letter,

 

 

many thanks in advance

 

 

I also don't want my ex's name on any letters as this one from GDR TRACE

had both our names on it.

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silly billy

never talk to powerless DCA's over the phone

they ARE NOT BAILIFFS

and have NO SUCH LEGAL POWERS.

 

 

now you ndicate you are paying 'someone' 'something' on this debt already?

 

 

whats it all about

you should not be blindly paying anyone on debts this old

 

 

dx


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return letter as no one at this address of that name.

the debt is undoubtedly SB so they have no powers to do anything other than worry you. Once you believe that they have no powers then you wont be worried and it is game over. They will give up chasing once they realise they are spending money getting nowhere and you can report them if they dont desist when told to.

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Awe no, I was really shocked to be honest, I've got the letter from global today, with a print out letter from back in 2006 they have sent, is it worth sending the sb letter, many thanks again

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no, dont waste a penny on the letter, let them do the running and waste their time and money, they cannot do anything harmful.

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so you are not paying this

but are still paying a repo shortfall to someone.

 

 

dx


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when did you last pay anything? on the loam?

if it was all those years ago

ignore the powerless dca.

 

 

as for the repo

are you still paying TSB or some debt buyer now?

 

 

 

 

dx


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I would say 18 1/2 to 19 years ago, yes I'm still paying the repo, not to TSB, another company, def not this one many thanks

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urm...so it started with TSB and then passed around

have you or can you list all those that have been paid.

was it an instant start to repaying the shortfall

or some years later

some company wrote to you.

 

 

dx


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It was about a year later someone wrote to me, I sent them copies of solicters letters to try and stop the repo and asked if they would half the shortfall, which they did, I've been paying monthly payments ever since, no one can find my ex, I've had calls in the past,

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I've been Doing a lot of research this past couple of days about this company, it seems like they are not nice at all, feeling sacred but thank you all for your comments

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It was about a year later someone wrote to me, I sent them copies of solicters letters to try and stop the repo and asked if they would half the shortfall, which they did, I've been paying monthly payments ever since, no one can find my ex, I've had calls in the past,

 

 

something wrong there.

 

 

who wrote

who are you paying now

dx


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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ThNk you very much, but I am worried, would you sent the sb letter? Many thanks

 

That's debatable... In this scenario no... Ignore it for now :) if they go legal and you haven't paid it for 6 years then it's game over for them...

 

When was the last payment?

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ignore GDR nowt they can do

 

 

drysden usually collect for clients

who is their client please

 

 

no don't send GDR anything

its sb

end off

just remember

they ARE NOT BAILIFFS


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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I pay Drysden for the repo, it wasn't them at the beginning, it changed to them a few years back. It's more this loan I'm worried about that's not been paid for over 18 years, can't understand it after this long. Thank you for all your kind comments, I will ignor for now, thanks again

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loans dead it sb'd end off.

 

 

I bet none of your payments are getting back to the original mortgage provider

are you getting better than annual statements?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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No, not had any statments on the repo for ages, could do with ringing them up.

 

 

I'm not worried about that, it's GDR,

I don't want the stress of the phone call etc,

 

 

thanks everyone for your help,

been reading all the forums

and it's sounds like they are coming it all the time ,

many thanks again .

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Do NOT pay them

They are powerless to collect

Been sending me phishing letters for 3 years now, toothless gormits

They cannot do anything

Do not phone or write letters to them, just ignore

Also if they do call, tell them dont call again and to put everything in writing

They are not even registered to collect any debts

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No, not had any statments on the repo for ages, could do with ringing them up. I'm not worried about that, it's GDR, I don't want the stress of the phone call etc, thanks everyone for your help, been reading all the forums and it's sounds like they are coming it all the time , many thanks again .

 

What part of stop worrying about them, and that they cannot do ANYTHING, dont you understand? Youre being cash cowed because youve been marked as gullible.

  • Confused 1

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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