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    • Thanks dx, will do this tomorrow morning when I have access to a pc (find it easier and quicker than my mobile). Just having a good old read through similar threads atm. Wow some of this jargon is hard to take in 😳.  Thank you for your support x
    • please complete this:   and scan up bothsides of your NTK read upload carefully PDF only please!!   safe to ignore powerless DCA's they are not bailiffs  
    • yes ring the court and get it moved directions might stay the same though for fee/WS exchange mind.   dx   dx  
    • 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 intimida ted . 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:
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pearly999

Cabot/Nolans threatening court action - hitachi loan. Scotland

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Hi,

 

It’s my first time here and I could use some advice!

 

I defaulted on a Personal loan in 2016 after I lost my job due to health issues.

The amount owed is approx £3.5k.

 

I’m still not working and have no income not even benefits.

(I’m fully financially supported by my partner).

Since the default I have made no payments whatsoever.

 

The debt was passed to Cabot and I have been receiving letters from them for the last couple of years.

 

Recently they have instructed Nolans solicitors to recover the money.

 

I have been incredibly stressed out By everything but I managed to borrow a bit of money from a close relative to see if they will accept a settlement offer and they flat out rejected it.

 

I was told I had to offer the full amount or I will be taken to court.

 

I’m not in a position to offer anywhere close to the full amount.

 

I asked for a copy of the original credit agreement because I can’t remember fully the amounts that were borrowed or interest rate.

 

I am waiting to hear back from them.

 

I only made that settlement offer as I panicked and knew that my settlement offer was definitely lower than what I originally borrowed.

 

I’m really worried about everything and hope that someone can give me some advice on what to do next?

 

I live in Scotland if this makes any difference.

 

Thanks in advance

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did you take this out whilst resident in Scotland?

 

who was the loan with [the original creditor]?


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Hi,yes I was resident in Scotland.

The loan was taken out with hitachi.

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so we need to investigate why hitachi have sold this on so quickly to a dca…..

 

send the dca a CCA request

 

Thread title amended

Edited by Andyorch
Thread title amended

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

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Yes I guess the debt would have been sold less than a year after my first missed payment.

 

Sorry to sound silly but what is a CCA and how do I request one?

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Hit cca request and read


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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Sorry to sound silly but what is a CCA and how do I request one?

 

 

" I asked for a copy of the original credit agreement because I can’t remember fully the amounts that were borrowed or interest rate. "

 

A written request which is legally valid...you cant ask for a copy of the agreement.

 

 

Andy


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