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    • Hi,  I guess the DCAs have come out of hibernation as my friend has had a Claim Form today.  Honestly I feel like I have addressed this one but she can't find the folder box I gave her to keep all this nonsense in, but then the claim form has no information you could realistically use to find out what its from anyway(JD has a few names under their umbrella and she has had accounts with most of them over the years, some repeatedly as they keep lending to someone with no income.  Its ok at the start when its only a little bit but they rapidly put it up and up until she owes in the high hundreds/low thousands instead of the £150 she is initially given, she always intends to keep it in good standing but there is a massive difference between paying £20 a month and over £100) and the usual poor grammar that should be an embarrassment to any normal legal firm, but I suppose these people have no shame.   Anyway, I assume its the same respond for more time and send off a CPR and CCA?   Name of the Claimant ?   Cabot Financial Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 22/02/2021   Particulars of Claim   What is the claim for – the reason they have issued the claim?  By an Agreement between JD Williams Ltd RE Jacamo & the defendant dated XX ('the agreement') JD Williams Ltd RE Jacamo agreed to issue the Defendant with a credit account.  The Defendant failed to make the minimum payments due.  The Agreement was terminated following the service of a default notice.  The agreement was assigned to the Claimant.  THE CLAIMANT THEREFOR CLAIMS 1.8XX.XX 2. costs   What is the total value of the claim? £8XX.XX    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser   Were you aware the account had been assigned – did you receive a Notice of Assignment? Possibly, she was(and is) very poor at keeping and responding to correspondence.     Did you receive a Default Notice from the original creditor? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Why did you cease payments? More than she could afford.     What was the date of your last payment? No Idea as we do not not which account it is for.     Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Possibly but can't say for sure.    
    • Thank you Andy/Dx   UPDATED Defence, 3 days remaining.   Not sure where to mention invalid PAP. I put it under number 5. Please check if this is good to go.   Defence   The Defendant contends that the particulars of claims are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) – failed to serve a letter of claim pre-claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   1. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant.   2. However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.   3. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   4. I do not recall ever receiving a letter of assignment from the Lloyds Banking group advising the debt was assigned to the claimant.   5. Claimant served the invalid PAP with no connection to their court claim,   6. On receipt of this claim I sent CPR 31.14 and section 77 request. The claimant failed to provide a valid copy of the agreement and therefore remains in default of said request.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:-   a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice/Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.      
    • no.   i wonder if the OP is entitled to CTAX benefit, thats only available from the relevant council...most on UC can get it..   but your MP is by far the most successful route to sorting these issues we've seen here to work.
    • dx100uk  unclebulgaria67   OP is on UC.   Could the council apply for weekly amounts to be deducted from UC claim ?
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Cabot adding to old +£5k MBNA CCJ debt can they?


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Not to be confused with Link. (and not my own beef with cabot)

 

Another ccj and a charge on a property, Cabot obtained them both, it's been sometime, the debt never seems to dwindle

 

A recent Sar to Cabot came back with transaction details that are consistent with ones of my own, as in the alleged debtor has consistently made payments each and every month since the CCJ (it's been some years) there are no breaks in the payments save for one returned payment but this was remedied a few days later.

 

However, working through the transactions I can see Cabot adding different amounts during the period the alleged debtor has been paying back.

 

Reading further in to the SAR

there is zero by way of communication from Cabot to the debtor to advise/tell them as to why they've added their payments and as far as I'm aware the CCJ is not interest bearing or anything.

 

From my experience this is what Cabot consistently seem to do, add on more debt, this time it's a ccj, I have no idea as to how they would be allowed to do that given there have been no payment breaks.

 

The debtor wants to get the charge off the property, hence why they're starting to chase.

 

The amounts totalled that Cabot added on is close to £1500

 

Ordinarily and as in my case I'd have advised to stop paying Cabot until they can prove the debt but as this is a CCJ and with a charge on their property I think the smart and only way is to continue payments but look at Cabots activity on the account since the CCJ....

 

right now all I can see is a debt that hasn't decreased by much due to the amounts Cabot have put back on.

Edited by dx100uk
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I reside in Dawlish Warren but am not a rabbit.

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They can add what they wish its all irrelevant......you pay whats on the Notice of Judgment...the CCJ amount awarded by the court. (Debt amount + cost for issuing + Sols fee)

 

Unless the judgment is over 5K and attracts post judgment interest (Contractual or Statutory Interest on late payments) the claimant may be entitled to further interest... check the T&Cs of the agreement./Notice of Judgment

 

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T&C's of the original credit agreement from the OC you mean? The CCJ was for more than 5k....

I reside in Dawlish Warren but am not a rabbit.

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who 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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don't think any MBNA cards stated post judgemental interest deb T.

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 don't think so either, I had a similar route as this and Cabot have never been able to substantiate any of their claims.

 

I'm looking through the SAR via the CD, Cabot state on one of the files that they wanted to speak to my friend as they were unsure as to why they were requesting said information, they commented that if it's for a ppi then they Cabot do not hold any copies of the original credit agreement and that my friend should be contacting MBNA direct......

 

Quite how Cabot got that judgement in court without any original credit agreement is anyones guess, I thought at the least they'd have had to provide it but again in default judgement possibly not (both this and Link were default judgements)

I reside in Dawlish Warren but am not a rabbit.

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ive retitled and moved to FLI

 

there are numerous MBNA T&C's here in threads and in the success forum off this one

what year and was it just an MBNA card or a branded/badged one.

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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It was MBNA direct, I dont know when the card was originally given but from the file I think around pre 2003, it was certainly no later than that as thats when the papertrail via the cd seems to start.

 

What I can't see and Im guessing it's standard fayre is any balances on the dvds statements, they're all redacted,

 

there is an offer post their original sar request for them to settle but it doesn't give any amount and when they didn't respond a further letter sent before the SAR was finalised states they\ve not been sticking to their written agreement and they need to contact Cabot...

 

.but in the payments section it shows all payments have been made solid for 4 or 5 years now ......and on cabots side when they add money to her balance they term it as an 'adjustment' but when I look through the correspondence (via the dvd) there is nothing from Cabot to them stating as to why they've 'adjusted' their balance.

 

This is pretty consistent with how Cabot increased my own debt with them except cabot added much more to my own one

Edited by dx100uk
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I reside in Dawlish Warren but am not a rabbit.

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nothing is checked in a default judgement no human sees anything.

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

What a shame, a real shame, I guess it's a lesson for them that burying ones head in the sand is not the answer....

 

I guess they should now be writing to Cabot asking asking for a statement that does not include their adjustments.

I reside in Dawlish Warren but am not a rabbit.

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jointly owned property and joint debt?

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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Ok, I've had a good look through the SAR from Cabot, it is wholly consistent with my own issues with them from a couple of years ago, in as much as Cabot just seem to add money when they feel like it and with no notification of that in any letter but simply an increased balance is shown on the communication from them.

 

After checking it appears this particular debt (one of two held with them) was subject to a county court order, I don't know the exact dates but am meeting my mate for coffee tomorrow and they have a feeling they have the original summons, but it appears it was around 2010 and it also may have been stat barred at the time as they dont remember paying anyting after 2003 to either the OC or Cabot...but I guess that is sadly academic now.

 

One of the Court Orders is for a debt under under 5k so I'm assuming that whatever the judge awarded at the time was the amount to be collected and that no further charges for collection etc can be added?

 

After going through the transaction details there are gaping errors and I know Andyorch says they can ask for what they like but it doesn't mean they'll get it ..

but if they only send letters with their increased balances but no reasons why any increases then many of those paying cabot could be forgiven for thinking that what the letter says is what they owe and so on.

 

In short, and going through the letters/ transaction details, the debt was in 2011 around £3000 (figures are approx),

they have paid cabot back every month since then save for a 9 month gap (out of work/then back into work and blah blah)

in that period of time Cabot added a total of just over £1200.....payments restarted and nothing has been added since.

 

On an roundal letter in 2011 Cabot gave a balance, since that point (and ignoring other letters cabot sent in the meantime with various think of a number balances added)I've totalled all the payments my mate has paid and it leaves the amount owning at just shy of £700, when the SAR came thorough last week it gives a balance of just over £1900.....

 

Am I right in thinking that Cabot cannot add to the amount on a ccj award and it's for them to consider enforcement if they're not being paid under the terms of the judgement? If these are charge can not my mate be asking for them back + interest (thus lowering her debt of just over 700 even further?)

 

On a personal note, somebody somewhere of some clout really needs to go and take a look at Cabots business practices when it comes to their clients debts (alleged or not) and how they seem to simply increase their clients indebtedness still further ..

 

..I say this because in my own case and until I managed to wise up via info from here they added to my own alleged debt by 5/6k and without any notification/reason/court order/agreement/interest applicable......

 

I haven't gotten round the over 5k debt but once I get the court judgements tomorrow (hopefully) I'll look at that also, but I can already see 'adjustements' on that one also and for significantly more than this one.

Edited by dx100uk
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I reside in Dawlish Warren but am not a rabbit.

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if the debt was sB'd before they issued the claim , it is STILL SB'd stop paying now!

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 won't know that just yet, but I will endeavour to find out on the morrow when we catch up.

There is a reference to it in the SAR but I think it's just some abbrv gobbledygook, this was the entry

 

Third party import sent in using file type Statute Barred Date Upload, template Statute Barred Date Upload

Third party import sent in using file type Statute Barred Flag Upload, template Statute Barred Flag Upload

I reside in Dawlish Warren but am not a rabbit.

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