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    • Driver entered car park run by CEL Ltd .Tried to purchase lozenges  at Pharmacy , saw it was busy so left . Time there approximately 5 minutes . Left to go to pick up some goods  a couple of miles away . I have a copy of a collection of goods note with an approximate time on it  Stayed a while to chat with client On return journey stopped  to try again . Bought lozenges and left . There were no restrictions on returning  ANPR cameras registered first entry and last exit  Was sent photos showing vehicle with 2 blown up with the times on them   Company refuses to divulge landlord or show contract ....said it was data protection ! Photo of a sign blown up .....could be anywhere ! Been to site itself . No signs at entrance . When entering from main road nothing ! Where there is parking a few signs visible depending on parking space . Large sign on an external wall which can only be seen when walking out or entering from side road on the left . After a number of letters  I received demands from ZZPS ....a “debt collector “. They gave up on that ! This incident took pace in February . Now a Letter Before Court requesting details of my salary and how I intend to pay the debt  The length of stay is 40 minutes . Tiny car park !   Do know why there are even limits . Length of stay maybe 15 minutes in total . It is madness The pack of lozenges cost £185 ! Am 72 years old with multiple health problems ! Cannot let these cowboys win . Feel as though I am being intimidated . Very stressful ! Any  advice please ?I have drafted  together bits from all over the place ! Need it to stop ASAP !
    • Hi    This is my draft WS, please do let me know of nay changes or additions required, thanks.    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 are 3 versions attached of the alleged Agreement and Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. They have attached 3 Agreements namely, ‘Original Agreement’, ‘Default Agreement’ and ‘Terms of your Capital One Credit Card Agreement’.  The Claimant has provided 3 sets of generic/reconstituted Agreement and Terms & conditions.     3. The Claimant in Para 4 also states ‘On or around 5thNovember 2012 the Defendant entered into a Credit Card Agreement,’ but Page 2 of JK1 has a date inserted 2/11/2012.  It has my name, address and a date inserted in the form but no mention of how the agreement was made, online, post or telephone, and furthermore not mentioned in the Claimant’s Witness Statement.     4. As a rule of thumb I always ensure that no 3rdparty is to contact me or to send me marketing information via telephone, post or electronically’, but Page 2 of JK1 has an unticked box, another indication that this is not an original agreement.    5. Page 5 of JK1 has too many typo mistakes in the heading as follows: TERMSOF YOUR CAPITALONE CREDITCARD AGREEMENT, furthermore there are no ‘full stop’ punctuations at the end of each sentence, this surely cannot be a document sent out by Capital One.     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:
    • District Judge has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track on 13th January 2020 for 1 hour.    Claimant has by 16th December 2019 pay the court trial fee or file a properly completed application, otherwise the claim will be struck out with effect from 16th December.    I have a few questions if possible to get an answer from anyone please.    The following directions apply to this claim: 1. It says that each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.  My understanding this will my witness statement, images of the parking area, out of time sent NTK documents. Is this correct? What else am I not thinking about?    2. I have to leave country for important work trip from 10th to 19th of January 2020. Is there anything I can do to postpone this case since its booked for 13th January?  Thanks!      
    • However having had a quick look at the consumer rights act, I see that it doesn't seem to apply if you have bought second-hand goods sold at a public auction and you had the opportunity of attending the same person – section 2 (5) Unless someone has some better ideas, I'm not sure what you can do.
    • I'm trying to understand your story because is not completely clear. You bought the car auction and you were aware at the time of the purchaser there was an ABS fault. Subsequently an ABS fault developed both this was a different fault and not of the type that have been flagged up at the auction. Is this correct? If you bought the car knowing that there was a particular ABS fault then I don't think you have any comeback. However if the fort which subsequently occurred is not the one which was flagged up at auction then you may be in a better position
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Jotty13

Cabot - HSBC Current Account from 2000

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Hi,

 

I have read through a number of posts but only managed to confuse myself more, so thought i'd better just post.

 

I have an old HSBC Current Account that I think was sold on in around 2000/2001 (memory a little hazy) to a DCA (but I cannot remember which one) and I paid them £1 a month.

 

Around 2013 Cabot bought the debt and I continued to pay £1 a month.

This was a joint account which they refused to acknowledge,

said it was only in my name and they had no record of my partner on the debt - great!

 

So fast forward to today.

 

I stopped paying them in July this year,

completely forgot as was paying by postal order

- my own fault, and have since received the following letters:

 

05/10/2017

"Welcome to Cabot Credit Management Group that own your HSBC Bank Current Account. We have recently confirmed you are living at the above address and need to make you aware that we are now responsible for helping you manage your account and receiving future payments" Then a bit about contacting them etc.

 

22/10/2017

"We have recently confirmed that you are living at the above address. We do this through a variety of checks, so we're confident we have the correct address for you. We need to talk to you to arrange a repayment plan on your account; we can help you find an affordable solution.

 

06/11/2017

A bit about understanding how it's difficult to clear debt, we want to help etc then "We own your account and are prepared to reduce the balance in order to help you become free of this debt sooner. If you would like to take up this offer call us"

 

I have a couple of questions:

 

I have looked at other forum messages advising sending a CCA but I don't think this would apply to me as its a current account - is that correct?

 

What would be the route for me to follow if I can't go down the CCA road?

 

I've seen some info on pre 2007 agreements - does this have any bearing on my case?

 

Can Cabot put the debt back on my credit file as a default, as i've stopped paying, even though its over 6 years old?

 

I'm sorry for the long post and thank you very much for reading :oops:

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Cabot doesnt chase legit debts. They sent you phishing letters suggesting they have confirmed you live there, but thats it. Go SAR the bank and get the full info on the account and find out why they sold the debt to cabot.


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

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It may well be a joint current account...but a creditor can pursue either of the parties under joint and several terms of the facility...so Carboot not acknowledging its a joint debt is irrelevant.

 

Where parties act together in agreement as partners, they have joint and several liability. In addition to all the partners being responsible together, each partner is also liable individually for the entire agreement. This means a creditor could recover an entire debt from any partner individually, leaving that person to recover their shares from the rest of the partners.

 

I personally would just resume the £1 per month payment possibly until its passed on again.

 

 

Andy


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Thank-you for the responses :-)

 

I have just been fighting through my understairs 'cave' to see if I could find any old paperwork and have come across something more of a timeline - seems the debt is mostly made up from a loan and not overdraft fees at all - this is what i've found:

 

22/11/2001 - Letter from Robinson Way on behalf of First Direct chasing original amount of £4899.03

 

20/02/2002 - Letter from DMA (not sure who they are) with a payment agreement of £20 a month. On that letter i've written loan - £3214.59 & C/A (presumably current account) £1331.57

 

I've also received letters from Cap Quest, HL Legal, Central Debt Enforcement Agency and Keppe and Partners - all pre-dating 2007

 

Typically I can't find all the original Cabot letters but the most recent one states the debt is at £3855.

 

As it was First Direct should I SAR them or HSBC? Also does the fact Cabot are not mentioning that they are chasing a loan and a current account, but lumped it all into 'a current account', make any difference?

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ALWAYS always SAR the OC, the fact that Cabrot have lumped the two amounts together, simply means they've not a cats chance in hell of ever getting that enforced in court, because it's two separate agreements, with two completely separate T&C's, including interest rates, penalty fees yadda yadda yadda.

 

You can of course CCA them for the Loan, but as they have lumped two separate accounts together, they're never going to find it, IMHO I'd not pay them a penny.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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So they merged everything into one. Tut tut. Not allowed to do that. No wonder it was sold on.


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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Oh wow thanks guys - won't lie, just nearly shed a tear of joy at their wrongdoing!! This is the final millstone (all other debtors accepted a settlement figure in 2002) that came from a nasty relationship and I would be overjoyed to not have to worry about it any more.

 

I'll send the SAR off to First Direct then, so i've got all the info I need, and just ignore Cabot for now.

 

Thanks again for your help :)

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first direct are HSBC

HSBC had a nasty habit of doing something called a managed loan.

 

they lumped everything together

turned it into a loan

then dump it back into the current account as a massive OD which you never asked for nor agreed to.

 

then they sell it on the DCA fleecers.

 

if you use our search cag box of the red top toolbar

 

hsbc managed loan

 

they've never won a case where we've helped defend it in court

if they are stupid enough to issue one.

 

have YOU written to cabot or any DCA since you've been at your current address?

if not you are in danger of a backdoor CCJ being served to an old address

 

no don't pay them IMHO


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Blinkin heck - swines aren't they!

 

No I haven't had any communication with them since 2013 - apart from an email they sent me in February this year, asking me to set up a payment plan, after I changed from paying standing order to postal order. I think I logged into my online account - stupidly! I had a payment plan set up as per their 2013 letter so I just ignored the email.

 

Oh no, a backdoor CCJ worries me - i've worked so hard to restore my credit file and want to buy a house next year so this is a bit of a concern. Would they not have to give reference to a CCJ in the 3 letters they have recently sent to this address?

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You wont get a CCJ if you follow the advice here. Theyre trying to con you. You nee to get a strong head, and take control.


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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I'll defo follow the advice - it's much appreciated :-)

 

Is there any way I can check if a CCJ has been applied for?

 

and shall I just go ahead and ignore them whilst sending off the SAR?

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Yes you can check Trust online, to see if they've got a CCJ against you, costs, £8 I think (?)

 

CHeck your credit file also, and see what's on there if anything.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Will do, will that also show if ones been applied for but not yet issued?

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nope. Only CCJs that have been granted. Meaning it went to court, a order was granted against you and you failed to pay within 28 days after judgement.

 

Your debt has done the rounds of various DCA's so its obvious its well and truely unenforceable. Theyre passing it around ans saying to each other.. here, have a go at this one. Theyre gullible and pays up no questions asked.


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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Not sure, been a while since I used it, so the fee might even be cheaper!


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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in some way form or manner

you need to write to cabot so they have your correct address.

 

what balance are they chasing?


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sorry you say that above

so I bet you never were granted a £4k overdraft were you on your bank account by first direct?


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Yes they have the correct address now, since the beginning of October. I've no idea where they got it from - possibly one of the free credit checking sites?

 

No, I definitely didn't have an overdraft that big - feel a bit dim that I hadn't realised all this before :|

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if they significantly changed your o/d after feb 2011, then the new o/d regs may apply. ie they wld need to have furnished the terms of it. difficult if it was an 'amalgamation'.

a side issue atm to poss consider should things go all the way.


IMO

:-):rant:

 

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They closed my account back in 2001 when they sold it on. I've not been with them since then.

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ok. i saw re 2013.

forget that then.


IMO

:-):rant:

 

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Yes they have the correct address now, since the beginning of October. I've no idea where they got it from - possibly one of the free credit checking sites?

 

No, I definitely didn't have an overdraft that big - feel a bit dim that I hadn't realised all this before :|

you still need to write to cabot

you have nottold them nor the original creditor of your present address

 

these are phishing letter

 

they typically offer discounts

 

then when you don't respond

they issue a claimform using an old address.


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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