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    • I emailed the Information Comissioner's Office for clarification. I explained the above and asked them if the DPA applies to firms.   To my surprise,  they phoned me today. Lloyd bank's policy of refusing to release information about corporate (ie business accounts) is incorrect. The fellow at the ICO told me I am legally entitled to ask my own bank to insist that Lloyds provide them with the info that I want. I cannot remember the name of the protocol but when i phoned my bank and explained that I had spoken to the ICO, my bank's operative spoke to a superior and confirmed that they would now start the ball rolling.dd 
    • I can instruct my dog to sit if it does is another matter.   it this octo themselves or another co ..who?   does it mention the pre action protocol and contain a reply pack? if not safe to ignore    dx  
    • Thanks DX.  I've ploughed through the pages and dug out what I feel are the relevant ones. Obviously, some of these are duplicates of what I've put up before.  Anyway, I would be hugely grateful if someone can look over and advise. Reading though other posts and on other cases that I've had help with from here, I don't think they have much of a case - given the weakness of much of their "evidence" - but obviously I would be grateful for some expert advice from the helpful souls on here.    Thank you.    B   Witness Oct19_redacted.pdf
    • You came here for advice, soem advice has been given adn you question the validity and source of that advice. We are all lay peopele, ie not giving professional advice but it is based on experience of the world and in some cases working in the field that advice is given on. Now you dont have to take our advice, we wont get the huff if you prefer to look elsewhere or do something else. when I asked what you think they would do with your NI number it is to prod you to think for yourself and question why they would ask for this when there is nothing legal they can do with the information so wouild you be wnating to give it to them knowing that they would want it to break the law if they processed it. Now you can take that up with the company at the top but TBH unless you want to spend money on a lawyer they will not answer the question or fob you off with some ridiculous answer anyway.   so for the moment read a lot about  RLP and similar situations to yours ans make particular note of what happened to the peopel in the end. You will find no threads theat ended by saying " thanks to you I gor sued by RLP and owe them a fortune". It isnt going to happen and the reasons why are explained in many threads. They rely on your feeling of guilt to get anywhere
    • you need to respond to their letter saying that you belive that you ahve been paid correctly ( or underpaid if you are due a small amount of accrued holiday pay etc) and demand that they show a full account of what you received, when and why and how they arrived at this figure. You then reconcile that with your P45 and use the figures to bat off any furhter demands if they still akke one. Come back if they dotn drop the matter and give us the full breakdown on hours worked, hourly rate, gross pay, tax paid  etc
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Posted (edited)

name the issuing court: Kirkcaldy

 

Who Is The Claimant: Cabot Financial (UK) Limited, Marlin House, 16-22 Grafton Road, Worthing, West Sussex, BN11 1QP

 

Who Are the Solicitors: Simon Nolan (Nolan’s Solicitors)

What type of action? : Simple

 

What is the claim for –

 

1. on 21/09/2015 the Respondent entered a credit card agreement with NEW DAY LTD under which the respondent borrowed from them a sum of money repayable on demand. The said agreement was an agreement regulated under the consumer credit act 1974..

 

2.The Respondent failed to pay as agreed on demand and is in breach of contract with the said NEW DAY LTD.

The said supplier assigned all rights in the said debt of £3079.52 is the sum sued for.

 

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

 

date of raised claim :- 20 November 2018

 

Last Date Of Service:-14/12/2018

Last Date For Response:- 4/01/2019

 

What Documents are listed in Box E2

 

1. No defence – No evidence required.

2. No Stateable Defence (rule 4.4 breach)

3. Defence on Prescription- copy statement of account only. (Agreement must be admitted to plead prescription. So agreement not required.)

4. Denial of Agreement – Copy agreement dated 21/09/2015

N.B Generic rule 8 order should never be issued. The facts of each individual case must be considered. It should never be appropriate to have to plead such as assignations or default notices until/unless specific defences are led. The salient feature of assignation is that it does not require the consent of the defender and the averments in this form are sufficient to confirm intimation. Default notices should never be plead due to Omnia Praesumunter Rite Acta Esse (trustees of the Scottish Solicitors Staff Pension Fund v Pattison & Sim, CISH 96 and Trayners Latin Maxims, p419 420)

 

The claim is for a credit card from Aqua

 

BOX D5 what has the claimant stated: The claimants request that the court order the respondent to pay the sum of £3079.52

 

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

 

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.:- It is the debt purchaser who issued the claim.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

 

Did you receive a Default Notice from the original creditor? Not sure, sorry.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - Not that I have noticed

 

When was you last payment:- 23 June 2017

 

Why did you cease payments:- I could not afford the payments, I lost a lot of work and my income went down so low that I was unable to keep up the payments.

 

Was there a dispute with the original creditor that remains unresolved? NO, but I dispute the amount I am being pursued for on the basis that my credit limit was only £1500 yet they want £3079

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan

? Yes, I offered to pay £10 a week and although they did not formally agree I continued to pay the £10 until June when I simply could not afford it.

 

I have been served with this Form 6A, the simple procedure for notice of claim from Cabot regarding an Aqua Credit Card I had.

I have no idea what to do as I am owe money but not £3092, my credit limit was only £1500!

Can anyone advise?

 

I only have a few days to respond and dont know whether to ask for time to pay (I have very little to spare, if anything due to my current financial circumstances) or to dispute the claim and stating the reason as being the amount is in dispute...

 

I have filled out the parts requested to the best of my abilities

 

any help is appreciated, i did not realise the date to respond is 4 days from now so im a bit panicky.

Edited by dx100uk
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moved and retitled to the Scotland forum.

plenty to read here

 

for the minute follow:

2 identical claims

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=CISH+96+and+Trayners+Latin+Maxims&sa=Search+CAG

 

then get the response form/CCA request etc done

and read up about nolans and their tactics.

 

comeback with any issues.

copy the response forum to nolans and the court

 

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

spreadsheets 

 

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hows this going?


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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