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    • Hi Guys,   My friends wife ignored letters from Horizon Parking and their solicitors and now has a CCJ registered on her credit file.   Stupidiy, she also ignore the claims form which come from Northampton Bulk centre as it looked photocopied and she thought it was fake. At the same time her work colleague did the same.   Her work colleague went to stand as guarantor for her daughters loan and got refused, she has now found out that a CCJ has been registered two months ago, so my friends wife checked her credit file and has the same, from two months ago.   Both received claims forms and didn't fill them in. Neither of them have received notification of judgement however. I am right in saying still that they should of done and would of been given the opportunity to pay the claim within. month at that point and not have a CCJ permanently on their file. If this is the case, what is the way forward? Set a-side ?
    • EXHIBIT K   24th March 2019   Lowell Portfolio I Ltd 9 Savannah Way Leeds LS10 1AB   Dear Sirs   Your Ref: 196951198     MFS Portfolio Limited v Phelan West (2019) I write to draw your attention to recent successful appeal case regarding a personal current account with overdraft facility; the decision was made before HHJ Walden-Smith sitting at Cambridge County Court. In this instant case the Appeal court found the personal Current Account Overdraft agreement to be unenforceable pursuant to the Consumer Credit Act because of lack of evidence of compliance with the requirements of the OFT determination. It was also accepted that Creditors must comply with S 78 Consumer Credit Act 1974 requests relating to personal Current Account Overdrafts, not just credit cards and loans. In this case the Appeal court did find that MFS Portfolio Ltd had complied with the S 78 Consumer Credit Act request. If they hadn’t complied with the statutory request then the personal Current Account Overdraft would have been unenforceable pursuant to s.78 (6) (a) Consumer Credit Act.    In view of foregoing, I note that your company have failed to comply with S78 CCA 1974 therefore your claim is unenforceable. So it is in your own interest (and to save cost) that I demand yourselves to discontinue this matter with immediate effect, otherwise I would be seeking compensation awarded against your company through the court for my time and legal cost to myself for consulting solicitors for advise in defending this claim which I consider not valid since you couldn’t also substantiate it when ask to prove it.   Yours sincerely
    • Hi Micky,   The letter you sent was your Prelim Letter and you should send an LBA before issuing proceedings.   1. Who replied to your letter that was taken in to the Chingford store - eg was it the store manager.   I suggest you send your LBA to the store Head Office enclosing a copy of the original letter and give them a final 14 days to reply and refund.
    • I will just keep quiet. Hopefully it is something she has seen on a credit file. No ones pursued me yet so I will keep fingers crossed.   I feel after 12 years of being divorced these things should have been settled by banks and companies by now.   Like I said it has been so long I have no recollection of it.
    • Hey - thanks for the reply.   So yes they have entered the 6k claim, and I have chosen to defend it.  I think I have a solid case to argue it.   So if I argue successfully and say the judge does side me with the 2k option and I pay it within 28 days it will clear?   Alternatively.  If I fight it and lose, the full 6k will obviously be due....  Again, if I pay that will it be removed within 28 days?
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Found a letter from the court when I got home. I also phoned them this morning.

 

Quick summary of the letter:

 

the case has been "paused" as the Sheriff believes that the matter may be resolved via "Mediation".

 

Nothing further will happen unless a re-start request is received.

This can be done at any time by either party.

 

A detailed leaflet from The University of Strathclyde Mediation Clinic is enclosed, and you are encouraged to contact them.

 

If no settlement is arrived at it remains open to you to come back to the court to re-start the case and to seek a judicial decision.

===

 

I also phoned the court (prior to reading the letter) and was told that if the case is not re-started within 6 months then the Sheriff may contact both parties, and ultimately the case may be cancelled.


 

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is your electronic sign up included?


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No electronic sign up.

1: Credit Card Agreenent
2: All letters sent by Aqua
3: All letters received by Aqua
4: Statements from 17th Nov 2013 to 18th Jun 2017

5:  Account History

No sign up agreement. The Credit Card Agreement is simply a generic copy of their terms and conditions which anyone can download from their site.


 

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agreement must show the sign up?

scan it up to one multipage PDF please

read upload


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

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Fyi: Still no response from Cabot regarding my Section 77 request, although Nolan's request for a postponement specifically stated that it was due to my Section 77 request.

 

 

 


 

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Nope. do not ask for another copy. Why would you want to give them another chance to get it right?


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

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I suspect that I can complain to the ICO since part of the information they sent me is unintelligible.

 

My very limited understanding is that any documentation which they send must be legible.


 

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topic tidied

ok that's a set of T&C's not a CCA.

 

if the fleecers don't do anything 

when the 6mths 1 day arrives wackin an incidental application wanting the sheriff to dismiss the case and issue an absolvitor.


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

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and no not the ICO.

 

dx

 


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

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as post 21

 


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

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Will do :-)

 

Fyi: I received a bill this morning from Cabot for £90, for "legal costs".

 

They helpfully included various ways that I can pay!!!!

 

Needless to say, I will not be paying it.

 

Chancing gits that they are.

 

I will be more than happy to send them my bill.

 


 

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I'd be minded to put it in an envelope,  send it back to them with an A4 piece of paper with a big laughing emoji right in the middle of it

 

  • Haha 1

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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Received a letter today from Cabot advisng that they were unable to comply with my Section 77 request.

 

The letter states "This means that we are not permitted to obtain a judgement or decree against you in Court".

 

Do I do anything, or wait for a "cancellation of the court action" to come through?

 

Best regards,

 

Pete


 

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that's just one of a set of std replies cabot use to a CCA request regardless to any court proceedings.

 

i'd send that to the email address of the clerks office now by a PDF attachment.with ref to your case number

advise you will be ringing in the morning.

 

ring them and enquire if you can 

send in an incidental application wanting the sheriff to issue an decree absolvitor 

https://scotland.shelter.org.uk/get_advice/advice_topics/complaints_and_court_action/what_happens_at_court/court_decisions

 

 


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

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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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Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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Hi,

Latest update is that I sent off the "Cabot Letter" advising that they couldn't take any further legal action as they could not meet the Section 77 criteria + a copy of my email to the Mediation Clinic / their response.

This was to help show willingness on my part to follow any suggestions of the court.

 

As per the Court rules I also sent a copy of the same info to Nolans.

The cheekie buggers then sent me an EMAIL (clearly they lifted my info from the info which I sent them) advising:


" We note that you have submitted a letter from our clients confirming that they are not permitted to obtain a judgement or decree against you in court but they can still request that you repay your outstanding balance.

 

There is a well known Authority in the High Court's decision in the case of McGuffick -v- The Royal Bank of Scotland plc (2009) EWHC 2386 where the Court determined the meaning of the word "enforcement" under the Consumer Credit Act 1974 and whether during the period of unenforceability any actions taken by a lender amount to enforcement contrary to Section 77 (4) of the CCA 1974.  

 

The Court decided in this case that the effect of unenforceability is that a lender's rights and a debtor's  obligation existed but  were not extinguished.   The demanding of payment, issuing of a Default Notice, threatening legal proceedings and bringing proceedings themselves did not amount to enforcement. 

 

As you are aware we have already produced a copy of the Credit Agreement.  

We have also produced and lodged in process annual statements from period 14th October 2013 to 16th October 2014.  

 

We are waiting for our clients to send us further statements post 2014 in order to fulfil the second part of the Section 77 to 79 request.

 

At the moment the case has been paused because the Sheriff considers that this matter may be resolved through mediation.  

We are hopeful that our clients will send us the information to fulfil the Section 77 request and until such time they are happy for the action to remain paused.

 

In the meantime, in light of the documentation that we have lodged in process, we will require  a note of your defence to the matter given the agreement has now been produced and  statements to period 16th October 2014 have been produced.      

 

The terms of the Order of the Court state that both Nolans and you are encouraged to contact each other to settle the case or narrow the issues in dispute. 

 

Our clients are happy to accept payments by way of an instalment plan for payments to be made which are affordable to you.  

Our clients may also accept a reduced settlement if you are able to pay a lump sum payment.   

In the circumstances we welcome any proposals that you may have.

We look forward to hearing from you.

"

I am pretty annoyed that:
A) They lifted my email address from documents supllied to them for information purposes, and proceeded to send me an email.
B) They consider that somehow sending me a bunch of statements somehow constitutes meeting the section 77 requirement
C) They lifted my email address from documents supllied to them for information purposes, and proceeded to send me an email.

Yeah, I know that points A & C are the same, but it's an important point. Mentioning it just once isn't enough :-)

I am tempted to complain about the misuse of email for communicating with me + asking the Sherriff to restart the case again.

Yes/No?

Thanks in advance.

Pete


 

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its a begging letter 

block and bounce their email address pete

you should have already have done this as a matter of course.

 

so what happened when you did the following I advised?

 


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

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I checked with the clerk yesterday and was advised that the documentation which I has submitted hadn't been processed yet as the case was currently "On Hold", and they had a backlog due to staff illness.

 

However, now that he was aware of the contents he would ensure that it was processed this week. The documentation contained the "Incidental Application " + letter from Cabot + email to/from Mediation Clinic.

 

I will check tomorrow that it has all now been logged, etc.

 

Thanks for all your help so far - it is much appreciated :-)

 

Best regards,

 

Pete


 

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Posted (edited)

Ok, latest update is as follows:

 

The Sheriff Clark Depute returned my Incidental Application Form advising "I hereby return your Incidental Application Form as this is not in the correct format under the Simple Procedure Rules. Please re-submit in the correct format, together with proof of service on the claimant."

 

The form was downloaded from their site. I have uploaded a copy of the submitted form, having first replaced any identifying data with ********** characters

 

I did not send a copy to Nolans.

 

Not sure what was wrong with the form?  I did sign the form.

 

Not sure what to do now. Any ideas?

 

Many thanks,

 

Pete

 

form---incidental-application.doc

Edited by Pete_the_Postman

 

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ring the clerk 

ask what was wrong.

 

I think I know but not sure.

 

dx

 


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

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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

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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Probably because you have not completed the form in its entirety ...you must complete A-C

 

https://www.scotcourts.gov.uk/docs/default-source/rules-and-practice/forms/sheriff-court-forms/simple-procedure-forms/form_9g.pdf?sfvrsn=6


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Very true. That was not the form which I completed.  Mine was just a simple one page form.


I will completed and re-post.  Do I need to send a copy to Nolans also?

 

Many thanks,

 

I phoned and the clerk advised that he was unsure as he hadn't dealt with it personality.

 

Will fill in the above form and see what happens :-)

 

Fingers-crossed.


 

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Yes and proof of service

Free proof of posting for any mail can be gained at a po counter.

 

Dx


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

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