Jump to content


  • Tweets

  • Posts

    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
  • Our picks

nacro

been with Money Plus formally Debtfreeme for years - now CCA time!!

style="text-align:center;"> Please note that this topic has not had any new posts for the last 316 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi

I am new to the site and just learning how to navigate the forums.

 

Hoping I am now in the correct place to get some helpful advice.:?:

 

I have 4 very historic debts being managed for the past 6-7 years by CABOT and 1 with PRA.

 

In the past few weeks,

I requested a CAA and SARs from both which was a very revealing exercise.

 

Low and behold:!:

CABOT replied saying they could not find CAA for 3 historic debts so these are unenforceable but that I should continue with my monthly payments to my DMC.

 

PRA replied very differently saying "current accounts do not require credit agreements and therefore no credit agreements have been set up when opening the account".

 

How can these 2 Debt Companies behave and respond differently:?:

I now plan to stop monthly payments to CABOT and would like your advice if there will be consequences!

 

I am currently 70+ in poor health and want to be debt free in 2019:!:

I have also sent GP medical and Cardio reports to both companies but did not receive any compassionate response:sad:

Many Thanks for any advice and direction given.

 

nacro:help:

Edited by dx100uk
spacing

Share this post


Link to post
Share on other sites

It would be helpful if you would space out your posts a bit more. It is quite difficult to read blocks of text on a screen and it tends to discourage people from getting involved and giving their help.

 

Thanks


Share this post


Link to post
Share on other sites

spaced for you.

 

theres little point in ever sending an sar to a DCA..

 

pers id stop paying everything.

 

you say DMC, I hope this is not one of the fee paying ones is it?

cash cowing even more money out of that I doubt ever went off the debts and paid for everyones xmas parties all the years you've been blindly using them to pay their mates they often worked for in the various DCA's.


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 

 

Share this post


Link to post
Share on other sites

For the ones with cabot. stop paying and ignore them. If they cant get the CCA then theres nowt they can do


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

Share this post


Link to post
Share on other sites

Thanks, Cagger and renagadeimp

Very helpful advice on both accounts and just confirms what I was planning to do with CABOT. Was less sure about PRA. The SARs sent to both has proved useful as it exposed a number of admin irragularities with both which could be useful and as a back up if any further action is taken.

 

 

nacro :amen:

Share this post


Link to post
Share on other sites

who's the DMP with?


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 

 

Share this post


Link to post
Share on other sites

Money Plus formally Debtfreeme....and paying £46 per month. Unfortunately when I first got into debt knew very little about similar consumer groups as youself!

nacro

Share this post


Link to post
Share on other sites

Ditch the DMP now. That money is wasted and could be used for legit debts. They wont care if those debts are enforceable or unenforceable. They just want your money.


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

Share this post


Link to post
Share on other sites

yep dump them NOW

just stop paying them.

send them an sar too!!

there will be a hidden pool they've taken for a full and final settlement pond that you didn't even know about

in all truth its their daily drinkies money

you want evidence of that

but DO NOT TELL THEM WHY YOU WANT THE SAR.


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 

 

Share this post


Link to post
Share on other sites

thread title updated


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 

 

Share this post


Link to post
Share on other sites
Money Plus formally Debtfreeme....and paying £46 per month. Unfortunately when I first got into debt knew very little about similar consumer groups as youself!

nacro

 

 

If this is the same company, I would dump them now. Check out their fees. Extortionate I feel

 

http://tinyurl.com/ya2uw7qm


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Share this post


Link to post
Share on other sites

49% of the monthly payment for their own pockets? scandalous


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

Share this post


Link to post
Share on other sites

Thank you all for this helpful advice which has now given me the confidence to stop all current payments.

 

I have already got a SARs from both CABOT (showing one of the debts had been written off last year due to being a vulnerable person!!)

However when I read the PRA SAR I noted a discussion in the debt team which made an assumption re one of my Bank Statements saying

"I appeared to have other income posssibly from a rented source" when in fact I had got this from extra work income during that time...

 

.when pointed out they apologised but is this good enought and professional when discussing vulnerable debts?

 

nacro

Edited by dx100uk
spacing

Share this post


Link to post
Share on other sites

they have no business having nor discussing your pers details.

 

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 

 

Share this post


Link to post
Share on other sites

thanks...especially when they get it wrong/false assumption....can this be reported or kept as "dry powder" for use if needed later on?...so SARs can be very very useful

 

nacro

Share this post


Link to post
Share on other sites

let things run.

 

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 

 

Share this post


Link to post
Share on other sites

Ta....will do and keep you updated.

Also when I sent my GP and Cardio reports to both CABOT and PRA which was turned down so I asked that a competent medical person assess these. This again was turned down saying "this was not needed as team was experienced in these matters"..should we be campaigning for this to change from experienced amatures to medical professionals doing Health Aassessments?

 

nacro

Share this post


Link to post
Share on other sites

they are not interested no campaign will change their attitude, if there was this would of happened decades ago, they refuse so keep their refusal letter safe


:mad2::-x:jaw::sad:

Share this post


Link to post
Share on other sites

Ta....this managing of debts seems to lack real transparency....competency of staff/admin errors/how final decisions are made etc and to think firms like CABOT wanted to register on the Footsi 100 last year:-x

 

nacro

Share this post


Link to post
Share on other sites

all about sick money men, the evil of the world/businessmen/governments MPs etc not allowed to say dictatorship ooopppsssss zzzooommmm


:mad2::-x:jaw::sad:

Share this post


Link to post
Share on other sites

Debt collection agencies work purely on numbers-nothing personal. They will buy a portfolio of debts for pennies on the pound. If a debt is newer [say, around 18 months old] the buyer will pay more than for debts nearing a six year old mark.

Other companies will buy debts that are being repaid to the original creditor and are fairly sure that the repayments will continue under the new company.

 

Some companies have a welfare department who will listen to debtors and make decisions based on that (and written evidence) whereas some others don't bother at all-it's all about the numbers.

 

It's no wonder that debt collection agencies make good profits once the facts are known.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Share this post


Link to post
Share on other sites

Thanks, Silverfox for this information and education as I am now beginning to understand better how these debt collection agencies work esp how they assess and price debts older then 18months. As most of my debts are 7plus years they must have bought them for very little so currently making a nice profit from my distress:violin:

I am afraid the welfare depts in both PRA and CABOT were not very sympathic in my case even though I sent GP and Cardio reports. Do you know if there is cut off time for debt collection. In my previous life I managed a number of homeless exoffender hostels and every year it was our custom to write off all bad debts and begin anew in the new financial year!!

Share this post


Link to post
Share on other sites

" Welfare depts in both PRA and CABOT were not very sympathetic in my case "

 

Welfare Depts...and Debt Buyers...think you you need to read a bit more :wink:


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

agreed but where would be a good place to start to read and learn. Because of my own debt situation, I am now intrigued as to how this debt industry functions with the buying and selling of debts (peoples distress) as if these were just another comodity like a tins of beans or better still toilet rolls:sad::sad:

Share this post


Link to post
Share on other sites

biggest financial industry there is the buying and selling of debts portfolios.

if everyone stopped paying DCA's the whole industry would collapse tomorrow.

 

nothing better than our search cag box here nacro.

  • Like 1

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 

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...