Jump to content


  • Tweets

  • Posts

    • 25/05/2024? That the deadline or the date of the claimform?
    • Banks have different limits above which they require Probate. So it may be Probate is not needed, although as he died with no Will that could complicate things. Is all the £28k with Virgin Money? Your wife should contact all banks who hold his money with the death certificate and ask them what they need to release the funds to her. Most banks have a central "bereavement department". Check their websites. Use that department rather than general call centre or bank branch if they have one. Nearly every bank website has a section on "what to do when a customer dies" so have a search for that. Your wife may also have to provide evidence that she is his daughter. When his wife died it sounds like they had a joint bank account so that's why her money just went across to him. But as it isn't a joint account now transfer to your wife won't be quite that simple.  
    • That explains it then. MET's fantasy is that it's a pay car park.  You're only let off paying if you are a Starbucks customer which you can't be when Starbucks is closed.  'Cos otherwise lots of people would abuse the car park facilities on the far edge of the Stansted Airport area in the middle of nowhere to ... admire the bushes?  Look at the cloudy sky? The important thing is that we have around 140 cases for this site, and MET have only tried court seven times.  Even then, they had no intention of getting as far as a hearing, they were attempting to intimidate the motorists into paying, when the Caggers defended the cases MET discontinued.
    • She's an only child and he as a brother and sister. He has no will and we have done a check on this to find out if he had left one and nothing has come up. He has savings of around 28k His sister and brother are well off so 28k is nothing to them and aren't interested in his money. This just leaves my wife/his daughter. Would this still need to go to probate there is no estate e.g house or business to sell and the amount left in his bank is just small? When his wife died they just closed her bank account and moved her money across to his account and we just assumed that once my wife has handed in the death certificate and shown evidence of who she is the same would apply to her? We don't know yet the council have only just written to us today with a guide of what to do next.  
    • Did your FiL leave a Will and if so who is the Executor? Strictly speaking banks could refuse to take instructions until Probate is granted but In practice I would expect the bank to take instructions to cancel the DD if the Executor presents the death certificate and a certified copy of the Will
  • 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/mortimer claimform - old barclaycard debt


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

Thread Locked

because no one has posted on it for the last 2727 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

  • Replies 106
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

If it was over 6 yrs ago since last payment, then BC wont have the info readily available.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

Link to post
Share on other sites

thanks martin for that where would i find this info if bc got nothing on the debt

when would i expect the letters back from the solicitor and cabot or when have they got to be back???

they recieved them and signed for the 21 sept they were sent on the20th

Link to post
Share on other sites

you file your def by day 33 regardless to any return or not!

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

BC will hold current info for 6 yrs, then its moved to a "relevant filing system" such as microfiche.

If they have no readily available info from the last 6 yrs, you can assume there has been no payment made to them in the last 6 years, this is a good sign and one you can check with whats in your credit files.

 

BC will no doubt have sold your alleged debt on to Hoist/Robbers Way so in your CRA fikes it will now appear under these names. Check these accounts aswell for payment info, if you can find no payments then the alleged debt may well be SB'd.

 

Hence the importance of finding out when the last payment was, it can dictate which defence you will use.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

Link to post
Share on other sites

For the CCA requests they have 12 + 2 working days in which to supply the agreement, else they are in default of the request, hooefully they provide nothing.

 

There is no time limit to the CPR 31:14 but again, the less they provide, the better you stand in defending.

 

If you cannot trace anything from hoist ir BC on any cra files and you are certain there are no payments made in the last 6 yrs then the CCA and CPR are irrelevant and you use the Statute Barred defence.

 

Otherwise its the holding/no paperwork defence if payments or a written ack is within last 6 yrs

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

Link to post
Share on other sites

at last got hold of them

after phoning so many numbers and so many extensions phoned again

and then at last got the department i needed

 

after haggling with them as they wernt going to tell me

last payment was from cabot in february 2011

 

now i dont know if this was a fob off or what

so have to wait for paper work

 

question regarding court paper work as

i have filed defence through mcol do i have to return the officl paers to court????

Link to post
Share on other sites

You mean to Cabot?

And for other users

What number and who/what dept at BC gave you the info

 

As for the claimform

Not now needed

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

so cabot have been paying your debt off then

or you were paying cabot and they fwded this onto BC?

 

 

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... 

Link to post
Share on other sites

ah a doorstepper

god

strange he even forwarded the money on

they normally put it in their pocket

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

yeah when we said that citizens advice was looking at it they disappeared and he said that if they were involved then they must step back

 

thanks for the help so far members

 

recieved reply from cabot today this is written in exact copy of wording

 

Dear Sirs

our response to your correnspondance

 

I refer to your lretter recieved 21 September 2016

I acknowledge recipt of your request under sections 77-79 of the Consumer Credit Act 1974.hwever I have been unable to locate your account under the details you have provided ,as the refrence number you quoted does not match our records .I have therefore your £1 feewith this letter.

 

Therefore I request that you obtain a correct Cabot refrence number and forward it to us in order for your request to be actioned.

 

In the meantime we thank you for your co-operation.

 

If you have any questions, please do not hesitate to contact us

 

yours sincerely

 

kayleigh fisher

Customer support Consultant

 

Enc £1.00 Postal Order

 

 

they returned a postal order which is not the original with Cabot Financial (Europe) written on it

 

I think this is a stalling tactics

 

what steps next shall I take

Link to post
Share on other sites

did you use our CCA request

and what number did you put?

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

so what was this 'Account Number Document '

send it back with a copy of the claim form page?

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

no account document number

will photo copy and send it back with copy of court papers

surley they would have cross ref my name to find it

this will put it closer the date for defence would i be able to submit for extension as they did not supply proper account number barclays found it out straight away

Link to post
Share on other sites

no you don't need an extension.

 

ok tell you what

 

forget including a copy of the claim.

just use the claim number..

 

you have issued a speculative claim form number XXXXXX against me from northant bulk

dated DDMMYYYY

I wish the signed credit agreement etc in relation to your claim

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

yes ofcourse.

 

 

just make ref to the court claim number as advised

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

have done on way to post special or signed for

 

o and thanks

 

does this have to be a full cca request again and if so what date shall i put on it

 

sent letter back with the original letter recieved from them today also letter asking for the said documents

 

posted back asking for document

funny thing is they stated that they reurned my postal order however this is not my postal order something is fishy

Link to post
Share on other sites

You cant request a copy of an agreement using section 77/78 unless you state a valid agreement number...nothing to do with claim form numbers....additionally if the claimant has failed to state an agreement number within its particulars...then the claim is not going to get very far and I doubt you will even require the use of a CCA request to defend.

 

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 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

did wonder...

so going nowhere then.

left ear ...right lobe not knowing what they are doing...

sadly another speculative claim form hoping for a non contested rubberstamped default judgement..........??

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

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...