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    • in this instance DCBL are operating as mere powerless debt collectors, a DCA.   a DCA are NOT BAILIFFS and have  ZERO legal powers on ANY debt no matter what it's type.   if their client really had a debt in your name, they'd contact you themselves.   as long as they know your correct address it is safe to ignore silly threat-o-grams.   and tell the others that too.   dx      
    • Hello all.  I'm looking for some advice if I may.   I received a Notice of Debt Recovery dated 26th May from DCBL relating to an alleged debt of 71.08 that apparently I owe to East London Energy/Engie. The problem is, I don't recognise the debt at all and when I moved out of the property I lived in which was served by ELE/Engie, my account was all up to date as I pay by direct debt. I even left them with my forwarding address, which they still have on their records and the closing bill was sent to that address.   DCBL are saying that ELE have sent me correspondence about this debt that I've failed to respond to. But the first I have heard about it is the DCBL letter itself. It's totally flummoxed me.   Here's the problem though, ELE never, and I mean, never, answer their phones. I have called about 30 times, no word of a lie, every day since receiving their letter. Not once have I got through to someone. They're not responding to my emails either.    On the local residents group on facebook there loads of households moaning about the same thing. Lots of them have received these letters, some have managed to get through to speak to someone, some have been told it's an error, others have been told 'you owe the money, tough pay it'.   Everyone is complaining that they can't get through to ELE to speak to someone. I don't know what to do.   Apparently if I don'y pay DCBL by 10th June they will review my case for legal recovery. It all seems desperately unfair, especially when I was the one who was informing ELE when they messed up their billing or failed to take a direct debit. I'm scrupulous about my bills. If I genuinely do owe the money I would have gladly paid it, but I just can't understand where this alleged debt has come from.    Does anyone have any advice? I'm at a loss but really don't want to pay DCBL for this debt I have no knowledge of and their added administration fee. 
    • Hi all, I hope you are all well in this strange time? I'm trying to assist my cousin in a complaint that she has with the PDL Uncle Buck, and I've reached a stumbling block. Loan Amount:       £400 Charge for Credit: £350 Agreement Date: 05-Oct-2018 Disputed Balance: £276.79 From initial information I've seen it's been a comedy of errors with there administration side, but for her, misery. Original Payment schedule sent out to her started from 26.03.2019 - she questioned this. They never replied, so took it as that was 1st payment date. 7th Nov 18 she gets a Missing payment and a charge. Questions this, they adamant charge stands as it was a clerical error, she again disputes. 3 weeks of in arrears messages, they eventually agree to refund £15 - but now insist on I&E as she missed the payment - no change in circumstances. She asked for 3 days grace til payday. No reply.  Default notice issued. This eventually gets it self sorted and they missed payment was factored into the remaining. Dec 18 her fiancee passed away, no way to afford the payments & funeral costs until insurance settles  - UB continue to harass despite telling them the issues. Some how she finds the cash an pays something towards the balance, just to stop the harrassement. She loses her job in Feb 2019 - informs people she owe money to, that now on uni credit. UB state that if she pays x amount they can do a payment plan as she's already in arrears. I told her it's against FCA Conc regs, she emails them - nothing back. No chase emails / calls or anything till end Apr. Settlement offer - pay £355 and we will take care of the remaining balance of £535 she emails them to say she can afford £50 pcm based on the the settlement - they agree. August she gets a statement, remaining balance £235 - they had not used the settlement figure as this was to be paid in full only and also incurred missed payment charges(?) I write an email for her email requesting DSAR etc sent on 1st Sep - acknowledged 10th Sep - info sent through 10th Oct - Account was placed on hold from sept til receipt of DSAR. DSAR shows - comment of being financial difficulty, on UC, payment schedule - 9 call attempts, 4 CPA attempts (she requested this to be cancelled 2mths after taking out loan) list of charges and interest after being informed on UC and put into payment plan. Complaint goes off - complaint partly upheld - £235 still outstanding. Complaint again. Account on Hold again. Fast forward to Jan 2020 - Complaint still being looked into will have response within 6weeks.. Email received - Settlement remaining Balance £320 (they added further charges!) can do 40% settlement in 2 payments. Email goes back stating it's under investigation, would accept £150 settlement but over 5 payments. No reply. 21st Feb - Email Settlement remaining balance £276.79 - can offer settlement figure of 195 but require a payment of £55 within 3days --- this is still despite her being on UC and no reply to settlement. She replies - stating can not afford £55, can do £10 pcm to settle. - They accept, but the balance is now 266.79 and not the 195. No acknowledgement. Payment schedule issued for 10pcm totaling 266.79 -- questioned again - no reply or acknowledgement. March - she notices that UB is no longer on one of her Credit Reports. I told her to check Credit Karma & Totally Money - Both show that they are marked as "Settled"  £0 balance from 03/03/2020 So left it as that. May she gets a call from UB collections, chasing £266.79 as she's defaulted again on her agreement (note - they've never acknowledged any questions) - she informs them that as far as she and her credit reports are concerned she owes nothing. Also stated that even if she did - it should be written off, incorrect balances and reporting and as it's gone against CONC where they insisted on a Payment to set up a payment plan. Person raises a complaint on her behalf and said she is going to get the Credit reports amended as it was a clerical error. 26th May - Sum Of arrears notice " On 05-10-2018 you entered into a fixed sum credit agreement with us under which you borrowed £400.00 repayable by 6 monthly instalments. Your arrears under the loan agreement The opening balance (which is the total amount that is due and owing under this agreement) at the date of the previous Notice of Sums in Arrears (dated 26-11-2019) that we sent to you was £318.27. On this date, the payments that you had failed to pay when due under your credit agreement amounted to £259.29. We are required to periodically send you Notices of Sums in Arrears, at intervals of not more than six months, while you remain behind with the repayments due under your credit agreement. The balance now due under your loan agreement on the date of this notice is £266.79. The total amount of your arrears (the sums that you have failed to pay in full when due in accordance with the terms of your loan agreement) is £207.81" 29th May -  We acknowledge your complaint and are sorry to learn you are dissatisfied with our service. Uncle Buck Finance LLP T/A Uncle Buck (the Partnership) was placed into Administration on 27 March 2020. I confirm that Paul Boyle, David Clements and Tony Murphy of Harrisons Business Recovery & Insolvency (London) Limited were appointed Joint Administrators of the Partnership. They are licensed to act as Insolvency Practitioners by the ICAEW. They are bound by the Insolvency Code of Ethics when carrying out all professional work relating to an insolvency appointment. Today - Final Response:   How Uncle Buck understands your complaint You are unhappy that according to your credit file the balance of your loan had been settled and now you have been advised this is incorrect due to an error made by an agent. Our Investigation and outcomes  An email was sent to you on the 21/2/20 offering a settlement figure of £193.75 against your outstanding balance of £276.79 and that if accepted this would close your account. We advised that we needed a payment of £55.35 to hold this settlement offer. You responded to the email the same day advising that you were unable to take advantage of the offer and asked if we would accept your original offer of £10 per month. We responded on the 24/2/20 asking you to complete an income and expenditure form. This was sent back to us the same day. On the 25/2/20 we advised you that we accepted the offer of £10 per month.  You then responded with the date you would be making the payments, confirmation of this was sent on the 26/2/20.  You then queried the amount outstanding; Claire then spoke to you to discuss why the balance was not the £193.75 as this was a settlement offer. < She has never spoken to anyone about this. -- the person who raised the complaint said an email was sent out! As previously advised the agent who made you a partial settlement offer on the 21/2/20 made an error and added a code to your account which meant that your credit file was shown as partially settled. This has now been corrected. I apologise that this error was made and will be upholding your complaint.  However, I can not agree to write off the balance due to this error.   At no time did you receive correspondence from Uncle Buck advising that your balance had been paid.  You were advised on several occasions after this date what the balance was and a payment plan was agreed. Please contact our collections department to discuss the arrears on your account by the 11/5/20.  If no contact is made then collections activity will commence and your account will be removed from write only. This is our final response. Please note, any complaints raised to the Financial Ombudsman Service (FOS), will be directed to Harrisons Business Recovery & Insolvency (London) Limited.  They are no longer dealing with any complaints raised for the Partnership. And that's where I come to a block - they are saying that FOS will not deal with this complaint, really do not know what next steps are for her to get this resolved. Am I correct that they should not be asking for a payment to agree a settlement especially when someone has declared financial difficulty Any advice would as always be grateful  
    • Please dont forget dca's are NOT BAILIFF s and have ZERO legal powers on ANY debt.   might pay you to read a few threads in the debt self help forum too you'll soon get the idea   Dx
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Pete_the_Postman

Cabot/Nolans SPC - newday Aqua Card **withdrawn**

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Name the issuing court: Glasgow Sheriff Court

Who Is The Claimant: Cabot Financial UK limited

 

Who Are the Solicitors: Nolans

 

What type of action? Simple

 

What is the claim for –

 

On 14/10/2013 the Respondent entered a credit card agreement with New Day Ltd under which the Respondent borrowed money from them repayable on demand.

The said agreement was an agreement under the Consumer Credit Act 1974.

The date of termination was 31/03/2017.

 

The Respondent failed to pay as agreed on demand and is in breach of contract with the said New Day Ltd and the supplier assigned all rights in the said debt to Cabot Financial UK Ltd on 19/04/2017 and the Claimants have advised Respondent of the same.

 

The last payment to the account was 02/02/2017.

The said sum of £1778.81 is the sum sued for.

The Claimants have made frequent requests to the Respondent to make payment of the said sum but the Respondent had refused or delayed to do so.

 

Last Date Of Service:- 09/01/2019

 

Last Date For Response:- 30/01/2019

 

What Documents are listed in Box E2: Simply states

 

  1. No Defence – No evidence required
  2. No stateable Defence (Rule 4.4 breach) – no evidence required
  3. Defence on Prescription – Copy statement of account only. (Agreement must be admitted to plead prescription. So agreement not required)
     
    Is the claim for a Overdraft, credit card, loan account, hp Agreement, Catalogue or mobile phone debt : - Credit card
     
    BOX D5 what has the claimant state:

The Claimants request that the court order the respondant to pay the sum of .£1778.81

 

from your knowledge: answer the following:

 

When did you enter into the original agreement before or after 2007? After

 

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 - Cabot

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure

 

Did you receive a Default Notice from the original creditor? I think so

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't think so

 

When was you last payment:- 02/02/2017 (according to the form)

 

 

Hi All,

 

Looking for some guidance and advice please, if possible.

 

Around 5 years ago I took out an Aqua Credit card.

 

Unfortunately, I was unable to keep up the payments and defaulted.

 

The account was sold on to Cabot Financial, and as a result I received a number of letters from a law firm called Nolans (which I ignored)

 

I have now received a Simple Procedure Notice of Claim.

Any advice gratefully received.

 

Many thanks,

 

Pete

Edited by dx100uk
format

 

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First step, go give aqua a ring and find out the actual date of payments. Cabot dont enforce legit debts, and have been known to " bend the truth" to suit their own means.


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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if the card was taken out in 2015 it cant be statute barred


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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On 14/10/2013 the Respondent entered a credit card agreement with New Day Ltd

 

2013 dx


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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you've missed a couple of questions out from our link

 

service date

 

response date

please


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi dx,

 

Apologies. Details are:

 

Last date of service = 9th Jan 2019

Response date = 31st Jan 2019

 

Hope this helps.

 

Pete


 

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good show

go enjoy xmas and new year

you need to respond [we will help you] see other SPC thread here by 31st jan.

 

there is nothing you need to do other than P'haps send an sar to newday

that might give you a better overall picture than what you might get out of the fleecers

but any info you get YOU KEEP TO YOURSELF, till its time to fire bullets.

 

you DO NOT enter into any comms with nolans or cabot without checking here 1st

 

if you use the search CAG box of the top red toolbar

type in

NOLANS

 

you'll get an idea of the stunts they WILL pull

do NOT fall for them

if you get any emails

bounce them back as unread/undelivered and block their email ad

 

infact if you look at the Nolan letters here already

you'll see the email used..block/bounce it now

 

just remember

SAR to newday

pop back here say second week in jan or something just to update

 

there is NO POINT in sending the response form back early.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi dx,

 

Will do sir.

 

Have a great Christmas also, and thank you :-)

 

Best regards,

 

Pete


 

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Hi Guys,

 

Still awaiting a response from Newday Ltd regarding my SAR request.

 

Is there anything else which I can do in the meantime?

 

Thanks,

 

Pete


 

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its not imperative you get it before you have to respond

though by the rules they only have 30days now

what date did you send it?

if they've gone passed that [though bear-in-mind we did have the xmas break] p'haps ring them and ask.

 

but whatever you get in the sar you KEEP TO YOURSELF!!

 

so its not important to your response which is in the stickies here in its bare format.

 

don't forget you'll be sending a CCA request with the response form to cabots anyway and if they fail that, its pretty much fatal to their claim.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi dx,

 

Thanks for the reponse and advice - it's much appreciated.

 

The SAR request was sent to Newday on 21st Dec - no response as yet.

 

I take it that I need to wait for them to respond before moving onto the CCA request?

 

Best regards,

 

Pete.


 

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no.as said the sar is nothing to do with the claim, its to complete your records, should anything become useful for later if it gets that far ...

you do NOT miss sending the response pack back and copy to the claimant with a CCA request attached to their copy.

 

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?476735-What-To-Do-Simple-Prodedure-Rule-Claims-Scotland


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Unlikely to get one.

MIGHT happen so get your paperwork sorted.

 

Cabot love to try and get undefended cCCJ's.

 

If someone defends,

they either dont respond to the defence and get a stay or just let it run then dont turn up in court.


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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so response pack returned and copied to the claimant .

 

why not go ring newday and remind them of the sar and their legal time limit of 30days.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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They say that they sent the info to me (honestly never received).

 

They are going to re-send the documentation again!!!


 

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Have just received a letter from Nolans advising that they have requested that the case by "paused, as their client has received a Section 77 request".

 

That will be the request which I sent them (no response from them either yet).


 

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Well you object


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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theres another spc thread exactly the same here.

if they do I think the court write and give you 7 days to raise an IA and object

 

you object upon the grounds that the claimant has had the debt since [the date they first bought it]

 

raised the claim on [date] and clearly stating they HAD the agreement on the court form

it is obvious they do not and have mislead the court

 

they have already had xx mts to produce it

respectfully asking the sheriff to dismiss the case and issue absolivitor


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Have just received an email advising:

 

Notification:

Order of the Sheriff has been issued

 

???????


 

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from:?


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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from:?

 

From the Sheriff Court. I ticked the contact me via email option on the form.

 

The email gives no other details.

 

ICMS-NoReply@scotcourts.gov.uk

 

This is an automated message, replies to this address will not be read.

If you have not requested this email, please contact the Scottish Courts and Tribunals Service on 0131 248 1848.

Alternatively you may email: CivilOnlineHelp@scotcourts.gov.uk

 

Notification:

Order of the Sheriff has been issued

 

Protect the environment...please don't print this e-mail unless you really need to

 

E-MAIL DISCLAIMER

 

This e-mail, and any files transmitted with it, are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-mail in error please notify helpdesk@scotcourts.gov.uk. Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of the Scottish Courts and Tribunals Service (SCTS). Finally, the recipients should check this e-mail and any attachments for the presence of viruses. The SCTS accepts no liability for any damage caused by any virus transmitted by this e-mail.

 

http://www.scotcourtstribunals.gov.uk


 

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ok lets wait and see

the actual orders usually come by post


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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