Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • its not a letter from PRA  its a large brown windowed A4 envelope from northants bulk county court - a court claim pack. you DO NOT ignore  you DO NOT contact the fleecers or their dogs. his next time..never ignore a Letter of claim never run from debt never move without informing ALL your debt owners in writing   ... you are lucky this was not filed to an old address and 1st you'd know is bailiffs at your door   please complete this:      
    • Thanks for your reply. Should I email them stating that the penalty is unlawful?
    • Hello,   I'm brand new here and am hoping someone might be able to give me some advice. Sorry in advance that this is so bloody long!   Basically a couple of years ago Property Management Company Ltd sent Debt Agency 1 after us (both saying they acted 'on instruction of Leaseholder Ltd' - separate company) for late payment of our service fee on our flat (200 miles away, tenanted since purchase). We hadn't owned the house long and, in spite of us chatting to Property Management Company Ltd all the time various things to do with our tenants and them having multiple records of our real correspondence address, they sent the bill to our tenants, so we didn't realise we were late with it. We wrote to them and politely pointed out they had multiple records of our real postal address. They admitted it was their mistake, we paid, charge was removed, they said they would update records and email service charge in future, all fine.   Last week Leaseholder Ltd sent Debt Company 2 after me about 2 x unpaid ground rent plus collection fee, they had also been sending bills to the tenants address. I had received one bill from Leaseholder Ltd for GR since purchase, sent to correct address, but that was ages ago. I paid it straight away at the time, but I guess it never really crossed my mind how long it'd been since I'd received one.   Explained to Debt Company 2 that had received one bill ages ago, that suggests they did in fact have my address? They claim they didn't, and tenant or lettings agent must have opened letter and forwarded.   Also explained to Debt Company 2 about previous balls up with Property Management Company Ltd and Debt Agency 1, and explained both said they were acting on Leaseholder Ltd's behalf - so surely one of them told Leaseholder Ltd, once it was all resolved, that the issue had been down the the address mix up? No, says Debt Company 2, Leaseholder Ltd has never heard of your London address, nor did they instruct Debt Agency 1 to act on their behalf, and it's 'very illegal' that they claimed they were acting for them. So no idea what's going on there.   Basically Leaseholder Ltd say it's not their fault no one gave them the right address. I say it's not my fault that Debt Agency 1 and Property Management Company Ltd both gave strong (and apparently illegal) impression that they were speaking on Leaseholder Ltd's behalf - leading to my assuming there were across the details of the dispute and therefore were made aware of the cock-up/resolution.   I know I'm not totally blameless; I should have realised it was weird getting one bill and then none after but we get so many flipping bills I just pay them as they arrive and move on.   Am I wasting my time, would you all just pay it, charge and all? Seems really unfair given I was under impression I was talking to intermediaries when I wasn't.   Thank you in advance.
    • the charge is a unlawful penalty 
    • I am going to email him this evening, he has no idea what he is talking about so I am going to bullet point everything that has happened so far, and everything that has not happened. He seems to be taking the word of Barclays over me, and believing what they say, and what they are saying is wrong. They do not even know what they are talking about from what he has spoken about today.     That is what he said. He said, Barclays told him that even after resolving the debit amount of around £738, my account is still in areas and that's why they haven't made any refund, and possibly (I am unsure) why the Cifas was registered. As I said, there is 100% absolutely no arrears, other than the charge back amount, which they said they are responsible for. If they cleared the charge back amount, which they promised to do, the account would have been in credit by the £150 compensation they said they had paid into the account (They didn't do this, I did a SAR with the bank and have all of the bank statements here) and the money in the account that belonged to me which was between £40 - £70.   I can't even get my head around what he and they are saying, and I am usually on the ball, but I cannot understand what is going on at the minute.   The adjudicator advised against me asking an Ombudsman to look at it as he said the bank might now refuse to accept responsibility for the charge back mistake, even though they had already accepted it was their error. But, he said this and I'm not confident at all that he even knows whats going on.
  • Our picks

sikez2012

CCJ On The Horizon? cabot & CAT debt

style="text-align:center;"> Please note that this topic has not had any new posts for the last 835 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I'm tryin to help the mother in law with her debts.

.today she received a letter from 'Mortimer Clarke Solicitors' advising they are working on behalf of 'Cabot' allthough i believe mortimer clarke are part of cabot?

 

They are saying if she doesn't contact them within 30days they have been instructed to apply to the court for a ccj,

 

The account was assigned to cabot in 12/2016 and started in 08/2013 its a catalogue debt.

 

They enclose a questionaire type form with do i owe the debt

 

,i agree i owe the debt,

i don't agree etc the form goes like that etc

and a expenditure form they want her to tick the relevant box and sign it which i said no...

 

.would it be right to contact them and ask for the signed contract if one exists.

.statements...notice of assigment etc....

would this then seeing as contact has been made the ccj threat put on hold for now?

 

She is on the basic benefit so got nothing

...the address is her friends house not her own address

...shes divorced but stays at her friends house and used that address but don't know how cabot have it..

..obviously she doen't want a ccj going there so what's the best way to procede.

Share this post


Link to post
Share on other sites

right no one gets a CCJ until a load of other hoops have been gone through so start to learn about the processes or you will be of little help to MiL.

 

What they have sent is a letter threatening to take leagl action at some unspecified point in the future.

This letter is not a Letter Before Action because it doesnt use the correct wording and doesnt contain the right inforamtion about what is being claimed is owed and why.

 

That means even if they want to act after 30 days the most they can do is send out a proper LBA and that will have to give a minimum of 14 notice before they can file a claim

 

The claims process then takes at least a month and then if the claim is denied another 6 months on average to get to court and if she then loses the claim she will have another period to pay the monies due. If she then fails to pay within that time she will get a CCJ so the actual CCJ is miles away.

 

What to do?

Ignore their form as it has not place in the legal process.

Find out what the debt actually is and who owns it so that means sending Cabot a CCA request along with £1 statutory fee.

 

If they dont respond with the information within 12 days they cannot enforce the debt so cannot threaten court action.

The info also required would be a copy of the Notice of Assignment and also statements of account, which should be sent out once a year anyway but they have to provide them when requested in this manner.

 

these will be a bit vague because they wont have details like how much of the amount due is late payment fees, interest, random charges that these companies like to apply even though they are unlawful etc so she might have to ask the original creditor for the full info via a SAR, which costs £10

Share this post


Link to post
Share on other sites

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Update on the letter received..

now i have gone through it properly it says a 'letter of claim details' then runs through debt details etc what do i advise her to agree to or not and sign etc?

 

It does say 'date of assignment 19/12/16' but she has no notice not to say it wasn't sent she isn't the best with getting issues sorted out..

..what would be the best way to go from here offer £5 a month or dispute it?

 

They state if she doesn't contact them they may issue court proceedings so even disputing would or could stop it? any help apreciated.

 

The link above is the form she has been issued.

Share this post


Link to post
Share on other sites

why don't you scan the letter up to PDF please

read UPLOAD

 

then we can all laugh at it too. and then advise properly

 

dx


..

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...