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Restons/Cabot claimform - old HFC debt step-daughter


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ignore the above post then.

 

Good job I've not mentioned the possibility of a PPI claim to her then :-)

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oh they'll be PPI for sure

but thats for once this is over.

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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  • 1 month later...

Letter from Cabot arrived, along with a copy of the original agreement and terms. 8 pages and confirms PPI was added. APR of 36.9% PA , ouch, I didn't know about that at the time. It shows the total amount repayable, over 60 months, was double the amount(s) for each purpose. Part cash, part repaying a previous account and part PPI.

 

'Unfortunately, it appears that HFC are unable to provide all the requested documentation at this time. If at any stage the documents become available, we will forward these to you and the account will become enforceable once more if received within the relevant limitation period.' and goes on to say 'Although your account is currently unenforceable, the balance remains payable and due...'

 

As the word unenforceable was used, twice, we will just file this for now and await some sort of follow-up from Restons.

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Time to start a thread in the ppi forum

Reclaiming time

Might pay to Sar hfc as I bet that previous loan had ppi too!!

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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Yep, will do as soon as I have the paperwork here to work from.

I agree it would be 'beneficial' to send a SAR :wink:

 

Edit: Just putting info together and went to file the document I created, to find that I gave her a FOS questionnaire in May 2014 for this account..

. She's away at present so will ask her what happened to that when I see her.

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good idea

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, checked. The FOS paperwork was never sent off. Can't remember why. Will send a SAR and see what comes back.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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  • 1 month later...

Seems she had claimed the PPI in 2015 ( https://www.consumeractiongroup.co.uk/forum/showthread.php?491649-Beneficial-Bank-PPI-claim-for-step-daughter ) so that's out of the picture now. Previous loans were also covered in the info they sent. :|

 

Cabot sent the letter ( mentioned in #53 ) confirming unenforceable, but they'll let her know if the rest of the paperwork turns up and they can pursue it. Of course they will... :!:

 

More recently, Restons sent half a tree of copies of all correspondence with Cabot, including the last letter mentioned above. They say she may like to reconsider her defence, bearing in mind the enclosed documents confirming who the loan had been with. Well, bearing in mind they sent a copy of their client's letter saying it wasn't enforceable I've told her not to bother responding to that. :wink:

 

Unless Cabot can find the missing paperwork it's stalemate at present. If Restons decide to go ahead with court the pile of paper they sent is pretty useless when we have the last letter from Cabot, their client. So I doubt they will. However, the matter has not been dismissed by them so it's still hanging around. :-(

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Ref #53

 

Letter from Cabot arrived. Now claiming 'enforceable'

 

They have sent a copy of the agreement, same as they've supplied before, along with a couple of their letters. A current (Cabot) statement and one showing what legal fees were added by them. They have also managed to get a copy of a statement from HSBC, 6 pages of transactions.

 

They say this now complies with the CCA request and they can obtain a county court judgement - contact Restons to arrange to pay.... :-(

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tough you aren't.

 

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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Restons last communication was half a tree of paper and suggesting she looks to withdraw her defence as it was now clear who the account had been with and that there were transactions within the last 6 years. This is now visible in the form of the HSBC statements sent by Cabot showing payments were made as recent as Jan 2017.

 

On what grounds are we now defending this? Originally it was that she didn't know what it was about, which bank/lender. They've got her statement, signed by her. She claimed stat barred but they've turned up statements showing payments.

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have they sent a signed aagreemen and all the correct T&C for the time and where she was then living and under what name?

you've filed you defence..

they can produce what they like but that doesn't detract from not signed agreement as they say = no enforcement.

 

they can wave their dangly bits all they like

but until they submit an N244 to the court and the court writes to her that the fleecers have paid the fee and the stay is being lifted its all hot air designed to intimidate a defendant into coughing up.

a reason speciality.

 

so agreement? have they sent it? have we seen it?

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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Sadly, yes. They have sent copies of the signed agreement. There are 8 pages of it incl T's & C's. Looks to be a file copy of the original, not reconstructed.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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where?

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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Ah, you want to see... I need to get paperwork from step-daughter and scan then. Obviously removing any personal details and account numbers. Will ask when I see her next.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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Attached is a PDF of the 8 page agreement plus the three letters they sent.

 

Account numbers and identifiable information plus signatures all removed.

cabot-to-CAG.pdf

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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looking at that agreement the PPI was refunded and was greater than the outstanding balance I will guess nothing owed to anyone.

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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So we sit tight now until we hear from Restons, one way or the other?

 

They filed a N1 in August, we defended as SB. They've since turned up statements showing payments made up to Jan 2017, so we've lost that defence really.

 

Step-daughter isn't much good at keeping track of things. She didn't realise it was the same thing. She had been paying off an old Beneficial Bank loan, claim was made as HFC, hence confusion.

 

In the meantime, we played 'hunt the paperwork' by way of CCA request and a SAR to the bank. Both have complied.

 

Not sure here what will happen now. Cabot & Restons have both suggested we withdraw the defence. As it's only a suggestion we've not taken them up on that.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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if the PPI was refunded that sum should have been removed from the total the fleecers wanted, so if it was reclaimed via HFC then they need to tell the fleecers the sum they are after is WRONG, hence why I say above.

 

unless or until she gets an N244 and notification from the COURT things are moving fwd again [doubtful] then she needs to sit on her hands

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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