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    • Metropolitan collection services appear to be part of HSBC and Moorcroft work with many Banks to continue the collection activities, once the Bank no longer wishes to do the administration.   I suspect therefore that HSBC still own the debt ? Does the Moorcroft letter confirm this ?   For the £12 a year you are paying, I am not sure it is worth mucking around too much.
    • Well that's it then.   You went in the entrance which simply said you had to be a KFC customer, which you intended to be.   Once you worked out it was closed and read the signage you promptly left, in all of 11 minutes.    Their signage is rubbish and you've proved it.  Well done on digging up this evidence.
    • This is a long time issue and a little complicated so I'll attempt to condense.   Barclays account: held with them over 25yrs, opend in the 90's £6800 overdraft   15 years ago the account became a problem due to account holder due illness/company closing/long term disabilities.   No activity on the account other than what is stated below, card not used, balance always kept just under the o/d level so as not to incur further costs.   In those 15 yrs (2006)the account has been maintained each month by Barclays applying the o/d interest and the account holder paying that amount.  In the early years about £120 pm, then it went to £3per interest so worked out and around £90pm and late last year with the interest hike by the banks on O/d's it took the amount close to £180pcm    In  / around 2012 the account holder approached the bank with a view to receving some help, they were at that time somewhat ill, and registered as disabled. They asked that they convert the amount to a loan with them so that over time the balance would reduce. The Bank refused but instead put them through to another in-house lender, (woolwich) on internal line, they took the details but then didn't offer the loan.   Account holders health deteriorated but they insisted with their family members to continue to pay the overdraft, they were petrified of what may happen if they didn't.   In 2014 a SAR's was asked of Barclays which they sent but it didn't give much away, but importantly neither did it mention the customer going into the branch for the help.   In 2019 the customer via a third party who also obtained a third party mandate  approached the bank with a lengthy correspondence asking for help, they gave as much info as they could.   A month later then bank stated they believed they had not acted incorrectly as the account had been held to the good by the miniumum payments on the account being met, in short unless the account tripped they would not know there was a problem.   It was pointed out to the bank that under the terms of the original agreement and backed up by a letter from the bank way back as early as 2003 that the overdraft had been increased and that the account would be reviewed annually and that the account for the overdraft to remain in place would need to be kept in good order.    It's clear no annual review from at least 2006 had taken place as 'good order' was that the account was to be seen to be going in and out of credit whch of course was not the case, it hasn't been in the black since 2005/6   The bank refused to budge , also denied that the customer had been into the branch in 2012 and in any case as it was 2019 they didn't have to go that far back with a complaint if it had not been raised before.   Thats stage 1   A complaint was raised with the Ombudsman in late 2019, they accepted the complaint and lodged with Barclays that an account had been logged and that they (Ombudsman) were thus engaged on the account.   In the meantime the customer continued to maintain the account with Barclays as per the previous 13 years at the same time as providing info to the Ombudsman when it was requested.   Barclays wrote asking the customer to call them, but they had been put on notice in the original complaint that the Customer wanted all communication in writing, three times barclays asked for them to call despite them knowing the customer was 'vulnerable'  and still they continued the account knowing that the customer was only paying them out of the disability payments etc...   Barclays were sent 3 letters via signed delivery asking that all communication be put in writing, the customer wanted to establish a papertrail so no room for error or misinterpretation similar to Barclays 2012 denial that the customer had been into the branch, all 3 letters were signed for all 3 letters went unanswered.   Late 2019/early 2020 Barclays were out of desperation contacted on the phone but as the account had not been placed in collections' then nobody from the department could speak to the customer ????   In or around March 2020 the Ombudsman wrote to the customer stating they were a week away from a resolution and that they were just awaiting for it to be signed off by a senior investigator.   3 weeks later Covid hit but no resolution had been sent, a month or so later an email was sent to the Ombudsman requesting clarification and a month later they wrote back saying 'it's a week away (again) and they'll be in touch and then the case went cold, nothing heard and no return of phone calls to them.   After months of delays and after not hearing from the Ombudsman a letter was sent to one of their senior Ombudsman who replied that they'd take a look and be back in touch in a week and which they were and where they stated that the case: A: Should not have been taken on by the original investigator as it was above their remit, it should also have been picked up by another investigator when it was looked at during the initial process but again it wasn't. B: As the case had been incorrectly assigned it was then unassigned and placed on hold and for the following reason: C :  The case was of a sort that the banks and the Ombudsman have been discussing, no reasons for the discussion was given but as the case fell into this criteria it was on hold pending the discussions being concluded by the banks/ombudsman.   In short just over 12 months of the case first being allocated/engaged it had been unallocated/disengaged and placed on hold.   A second complaint was therefore lodged with the Ombudsman which was duly investigated and a nominal amount was offered for what they stated was poor service.  This amount was refused and the complaint was then sent to the Assessor (next step) but they wrote back stating that until the case had been finalised by the Ombudsman the assessor would not be able to investigate the complaint.   Updated were occasionally given by the Ombudsman on the state of the original complaint against Barclays but even that dropped into the abyss early 2021.    After a recent request to the Ombudsman to ask if the 2019 onwards discussions with the banks had been concluded an email was sent back saying that the case was just about to be reallocated (no answer as to if their discussions had concluded.   A week later an new case investigator was placed onto the case, they had written to Barclays and were awaiting their response.   1 week later they investigator came back with:   Barclays are offering to write the account off and to close the account.   And that is where they're stuck,  15yrs of overdrafts fees being paid, (almost 2.7 times the orignal amount of the o/d) with Barclays refusing to budge, then out of the blue came the offer.   The offer is on the table for a few weeks, but is it an offer to take?   When intial contact was made the bank with the complaint in 2019 they did nothing on the o/d account but very quickly (1 week) shut down one of the Barclayscard credit cards the customer had with them and placed the other at £250 limit (the limits before that were collectively 25k but had not been used for some years)     I have read somewhere that this 'credit card' balance reduction affected the credit worthability of a credit card holder, it's an indirect hit on them and this seems borne out as although the customer has a good credit record (not really facilitating it) they have been refused credit from a source they have always used and who they have never had any problem with before and this is only after the Barclaycard issue.     Sorry for the elognated post but for me, the offer whilst it may seem ok, well if it's their offer now and whilst they may withdraw the offer I think it has more legs? The customer should never have bee allowed to get where they've been for the last 15 years......Barclays have had considerably more than the original o/d and they want to stick to terms and conditions but then seem to flout them themselves by not conducting regular reviews or even as recent as knowing a customer is struggling and they still continue onwards unabated.     Deb                                                          
    • cash cowed blind. just run the sb date to infinity for 15yrs.     who are moorcrofts client please   and i bet you have a bank account and or a card with hsbc too...
    • It was for an HSBC personal bank loan of 20k Was passed onto metropolitan collection services which agreed the £1 payment plan and have paid them every month since and they have left me alone. The new DCA is moorcroft and balance is still roughly them same.  I have always paid the agreed £1 as if I got a ccj I would lose my job.
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Nolans/Cabot SPC Claim - old LLoyds Loan ***Claim Abandoned***


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Yeah and it is the date they confirmed on the phone but I know I had sent a token payment later that I can see from my rbs statements. It's the moorcraft payment in Feb 2014 that's the problem.

 

I'm sorry, I've just confused all of this.

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So I've posted what needed posted.

 

 

It's just a waiting game now, apologies for the last few posts was just getting worried I had messed things up and confused myself but i think it's all in order now.

 

Thanks for the help so far, it's greatly appreciated.

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nothing for you to do.

signed for is never done by cabot.

stop sweating read other spc cases here so you know what to do/say.

 

if the claimant has not sent you ALL the required docs by the date the sheriff has ordered

get on the phone to the clerks office and tell them you want the claim dismissed and an absolvitor issued

read this too

 

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=spc+decree+of+absolvitor+&sa=Search+CAG

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 received the standard cabot CCA reply today, don't have info on file so will request info etc. update in 12 days.

 

Also received a letter for nolans saying they have asked the court for it to be paused. I have attached.

 

seems bad form considering they stated they had the credit agreement.

Pause.pdf

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pers i'd object

they've had this debt since july 2017 knowing then they had NO PAPERWORK.

they lied on the summons that they HAD the agreement.

 

 

and if it were not for the summons the debt would be statute barred winthin a few weeks

all they have done is issued a speculative claim to halt the statute barred clock.

very unfair and underhand

 

courts should not be used as a debt collection tool

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...

Received a letter from Cabot today titled an update on your request.

 

We're still processing your request, we have contacted the original lender for the relevant information.

As we haven't been able to provide you with the information you have requested, your credit agreement is unenforceable until we are able to reply to your request.

 

This means we are not permitted to obtain a judgement or decree against you in court.

 

Any use? Or are we hoping the judge rejects the pause application.

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std letter they always sent to a CCA request

 

however i would send that along with post 54 and 56 points in an email to the SHERIFFS [NOT A JUDGE!!] clerk the day they fail the sheriffs orders. [which was what date?]

then after about 1hours

get on the phone to them and findout what they are doing about it.

 

seen 3 cabot/Nolan cases thrown out when the sheriff see that cabot letters now and fails his date for them to disclose what he ordered.

 

out rounding up sheep all day with someone and the new puppy. so only on a small screen.

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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The date is 30/01 so this Wednesday. I shall get the e-mail typed up ready to be sent Wednesday morning.

 

Thanks for all your help! I feel we might get a reply from the sheriff over the pause application before then but we shall see.

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sorry I couldn't see the date.

 

so send that reply form off with your objection to the pause wanting it dismissed as post 58 today by email to the clerks office then ring Monday and the cabot 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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which was?

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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post 59 then

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 sent the email away this morning, included those points and attached cabots reply. however i have been unable to call as the number isn't working.

 

on their page it says the phoneline is down.

 

https://www.scotcourts.gov.uk/the-courts/court-locations/inverness-sheriff-court-and-justice-of-the-peace-court

 

I will keep an eye on it and try again later.

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got through to the sheriff clerk today,

 

she said there was a note on the case stating that the case management discussion is going ahead and the application to pause and my objection to will be discussed there and that they received the email I sent when they failed the sheriffs order.

 

Just said I was to turn up. Guess its a waiting game now.

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well the sheriff from your emails should be aware that the debt would now be statute barred if it were not for the speculative claim halting it, which yo aver was the reason it was raised.. and that, against what they stated the claimants did not and do not and cannot get a hold of the signed agreement that they averred they held in their original claim statement..liars!!

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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Just back from the case management.

 

Sheriff paused it for 6 months to give them a chance to get the paperwork.

 

 

I tried to put my points across, I guess not very well.

 

 

Ah we shall see what they can make up

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  • 5 months later...

so it's nearing time of the review and I haven't received anything.

 

"Orders the progress of this case to be paused to enable the Claimant's to locate the credit agreement; thereafter, Assigns xx August as review of the same"  

 

So it's just another case management discussion?

 

Sorry, I hadn't realised it was so soon.

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wack in an incidental application.

read here

 

 

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
  • 2 weeks later...

Apologies, I never ended up sending the IA.  I had looked out the CCA replies they had sent, but couldn't find the last one and some other nonsense in life took over.

 

alas, I got to court today and their rep said they'd dismiss without expenses, sheriff asked if that was ok with me. 

 

I just said yes, I just wanted it all to end.

 

So thanks for all your help dx!  

 

i'll fire in a donation and hopefully this helps someone else down the line. 

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hehe always the way with nolans when you front them up.

 

good win regardless to the IA.

 

so was this actually simply dismissed or did the sheriff grant absolvitor and quash it for the future??

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 believe it was simply dismissed, thinking it over now I guess I should have mentioned and pushed for the absolvitor.

 

I assume if they tried to bring it back then it would count from now so it would be statute barred?

 

 

I assume I'll get something through the post if not I'll ring the court on Monday.

 

 

 

 

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I take it to mean the same as an English Claimform case being 'won' and yes the SB thus never stopped.

had 3 like this

and one where they did try again, and folded when told it was now SB'd.

 

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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  • Andyorch changed the title to Nolans/Cabot SPC Claim - old LLoyds Loan ***Claim Abandoned***
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