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    • Can't help with your existing problem re penalties - sorry.   To stop this happening again you need to ask your GP always to do two prescriptions for you - one for the exempt medication and a second one for the other.  Make sure they understand why you need to have it done this way.  (And check they've done it when you collect the prescription).
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    • Hi all,   First time I'm doing this post and first time this has ever happened. I have been sent speeding fines before and I have always sent details and either been to speed awareness courses or had points and paid fine. In this instance, I have supposedly been sent a letter to provide driver information for speeding fine, and then again another letter to say not received anything and to provide again this was all apparently in 2018.   I then received a letter this week (which I actually got) saying I need to pay £800 and have 6 points to add on my licence for failing to provide info and failing to come to court date.   I never received anything prior this the last letter which I received this week.   I have been told to make a statutory declaration, in which they said you need to attend court date and say that you never knew of the letter beforehand, which I said yes and then they said if found to be guilty u could face prison sentence and more fines. I was ok with this as I know I haven't received any letters like this prior (until the final one this week)   After reading reviews its quite concerning as some people have mentioned that the court basically look at your case and even though you may not received the letter, its more of a he said, she said scenario, which as mentioned is concerning as if I haven't received any letters prior how could I have given my driver information and that court could basically say, the letters were sent out and that your lieing.   But as mentioned before I have had speeding fines in past and have always sent off information, if I did make an offence   Is anyone able to give me any advice?
    • Reported the issue within days but the dealer flatly refused to speak to me and pretended to be abroad. There is no way he was going to take the car back. The finance company were behind me initially but then suddenly changed tack when they investigated the dealership more closely. The law states that my contact is with the finance company who provided the finance and who paid the dealer at the onset of the agreement. They are jointly liable for any breach in the law but this is academic as a number of prosecutions against the dealer have just resulted in a change of director (just another loophole that is exploited to avoid paying up)   Finance Companies fall under the Financial Services Authority umbrella and it was their Ombudsman who oversaw this complaint.  
    • nope. what are you trying to do? if its to do with your PAP letter thread you don't need to worry about reclaim just proof the bal is all charges/int   dx    
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    • Future Comms is a Big Con. How to get out of it. Read more at https://www.consumeractiongroup.co.uk/topic/417058-future-comms-is-a-big-con-how-to-get-out-of-it/
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    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
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    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
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      • 14 replies
Jaun

Cabot/Nolan SPC OLD Captial One Credit Card Debt

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no its not geared toward them..

they must prove their case.


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Hi again.

I have received more documents and would appreciate some help and advice on these.

There are a few to upload.

Some are new forms from Nolan.

And also evidence with various files with credit card agreements ect.

Alot of files.

Thanks for any assistance DX.

Appreicated very much.

Will upload as much as i can.

 

I also have a response form to fill out.

 

But with this list of evidence that i have received , i am looking for my response when i have to go back to court.

How to i defend my self with all this evidence.

 

If you don't mind reading through and helping me out on what they have and have not supplied for evidence.

 

They state in the C1 BOX in the restart application that i am not entitled to a copy of the assignment, but only intamation assigment.

 

Any help is Appreciated

 

Kindest Regards

docs2.pdf

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but where is the rest of it?

there should be pages and pages of T&C's.

 

But still no noa or dn

Thats fatal for them

 

no compliant DN there

 

dx


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No.... thats a notice of termination not a default notice.


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thread tidied

post merged


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what response form do you have and any date to reply by?


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Hi sorry for delay .

Will update tommorrow on all new letter i have received.

I have another Case managment to attend

Next month

Thank you

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Sorry for taking so long to add the response letter i have received.

It is to have another CMD meeting with both parties.

 

As the 1st CMD didnt go to well , now the Nolans sols have many pieces of evidence for the case against myself.

Will i just admit nothing and ask for the default notice that has not being produced.

 

again sorry about delay .:mad2:

cmd merger.pdf

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Sheriff ask for 4 docs

What were they


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cant see any agreement in their uploads - did they send one?

even if this was an online agreement with a tick box?

and no terms and conditions...?

 

cant see any statements detailing how much of this account is unlawful penalty charges

 

cant see any default notice

 

- you asked for all these in your return form 4a.

dead in the water till they provide those


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This is the letter i received after the CMD meeting

a/Copy of the Original contract between the respondent and capital one = YES

b/Copy of the assignation of the debt = YES

c/Copy of intimation of the assignation on the Respondent =YES

d/A statement of account = Yes

 

I see all the above has been supplied.

Do i have any other options availiable to me now.

 

Thanks DX

4 evidence by judge.pdf

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Where is the signed agreement from cap1? Fatal

Where is the default notice? Fatal


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Yes.

I understand that the default notice is not supplied.

 

But will it matter, if the judge did not ask for this.

 

Why did the judge not ask for this to be supplied with the other docs.

 

Forgive my lack of knowledge in dealing with this.

 

Kind regards

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Where is the scan of the agreement?


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ok ta.

that's ok then.

 

so the only outstanding is really the fact that you questioned the balance make up, wanting detailed breakdown, ie charges etc, and what this money was spent on , typically they produce detailed statements, but as with everything nolans, they seem to think that's not applicable here and are choosing to hide this info for some reason...urm...but its not gonna be £900 on a 2015 card..so little width there.

 

and ofcourse the lack of a default notice, which under section 87/88 has been fatal to many English claims

time to look see what we can use from them.


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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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3. I have not been issued with a default notice, pursuant to section 87 (1) CCA 1974.

 

4.The claimant and their solicitors have not complied with my requests upon service of default nor been able to clarify by way of an itemised list how the alleged balance was derived and the legality of the charges applied to the said balance

 

5. I therefore respectfully request that the sheriff issues a decree absolvitor regarding this claim and award costs he feel fit in defending this matter.

 

 

 

musing for the minute more to follow...


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So what only if they win....


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HI.

Got my CMD meeting on Friday.

And although I am great full for the insight into bullying solicitors and their wolfs.

This is a very serious matter when the court of law is involved with my self.

 

Very stressful going to court, even if does seem easy for others.

I am hoping for a good outcome at the following CMD and will use the statement provided by DX.

 

If after what I say has no effect on the judge or I get outwitted in some way, I will end up going for the easiest option, and that will be to pay the outstanding bill.

 

At least this way the matter will be closed and no more harassing letters or court dates.

 

Thanks to everyone who helped with this matter.

 

Best wishes

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Stop panicking about nothing

Its a meeting not a hearing..

 

Only 2 things can happen..

 

1 it gets dismissed

2 its moved to a full hearing

 

Judgement against you cannot happen at a cmd.

 

Speak only when spoken too

And only answer what is asked

 

Go read

https://www.consumeractiongroup.co.uk/forum/showthread.php?482420-Cabot-Shoos-SPC-claim-old-Lloyds-TSB-loan.&p=5151803#post5151803


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I last tip

do NOT speak to them outside the court IF nolans turn up!!

 

I suspect they wont

it will be a locum that knows nothing about the case.


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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Update of events from Yestardays court CMD.

 

Arrived at court

Different Judge this time around.

Seemed to explain things a lot more than the last one.

 

So I plucked up my courage and

Said exactly what you had written for me.

 

The locum didn’t know what to say when queried over the Default notice and asked for more time.

 

The Judge said that they should be given 1 more chance in the Intrest of Justice to produce the document.

And asked if I agreed, I told the judge that I had already asked for this previously.

But his decision was to have yet one last cmd on the 30th of October .

 

So there it is, they have 2 week to produce the document or case should be dismissed, if what the judge said be true.

 

Thanks for your kind help.

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Well dont let it get dismissed object and ask again..

 

Well done


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