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    • Hi I appealed online on 28/12/19. I have attached my submission as a further PDF   Thanks
    • I received £1500 from a friend and another £1000 another from their Revolut accounts, which are fine. I would be OK if Revolut just returned the money to them. Happy to provide proof of income and they are happy to do so, too.
    • POFA plays no part in limiting court costs.  costs recovery under the small claims track is very limited   2 cases heard together? 1st you've told us about this....        
    • Just a general comment - as I know nothing about legal procedures...   I agree with what I think BankFodder is suggesting - it really ought to be a straightforward question of a breach of contract.  You've paid for a service and the other party (or their sub-contractor) has failed to perform that service - safe delivery to the addressee.  It seems daft to me that the risk of non-delivery gets passed back to you because you've not paid for insurance against their failure to perform their responsibilities.  It's an inherently unfair* business model that has crept up by stealth, assisted by the growth of internet shopping.  Of course, a court may not agree...   I also agree with BF that you should be able to do some research yourself, and you should see this as an opportunity for self-directed learning as well as self-help!  You can always check back with BF, Andyorch and dx100uk that your understanding is correct.  You might get some ideas for final year dissertation - it's a bit of an academic problem with real-life commercial implications.   *Of course, in the absence of this business model, courier fees would go up, but I would argue that's a fairer way of spreading the risk of loss/damage etc   (PS - I was a law student a looooooooong time ago.  In your position I'd have tried my tutors as a sounding board as well.  I also thought SBU had it's own law clinic - although the advice is likely to be quite basic unless somebody sees this as an "interesting" problem)
    • Thanks EB, I will catchup on the mentioned thread as I had used it before the hearing.   I went for hearing. Rep approached mentioning settlement, talking about them having a strong case to which I pointed out their bundle which they were going through that it says Excel here so aren't you here for the wrong company.   They mentioned sister companies, I mentioned companies house and then I said let's leave it to the judge they went away from me. The rep went into a room presumably to call their firm Elms Legal I think probably for advice.   We ended up being the last hearing before lunch, as the Usher called out our names and said the judge will call you in shortly. The rep came over saying something like I'm surprised you're going in without submitting a WS!   I said it has been served they said well I haven't seen it, when was it sent, do you have copies as I could get the Usher to copy, I said I may,  rep - you either do or you don't Take care of yourself.I said well we will have to put this in front of the judge now.   Inside the rep said to the judge about my WS not being served and they asked me on multiple occasions for the WS I said 5 minutes before coming in is not multiple occasions. The judge said they had my WS along with an index of papers I had sent in that they have been looking at.   The rep started with their page contract and terms and conditions picture in their bundle saying they have a valid contract and that in the Tariff /T&C picture it mentioned about entering into a contract with VCS.   The judge asked me what I made of that I argued where is the contract giving them, a 3rd party, authority from Excel to issue proceedings in their own rights? The judge said to the rep, Defendant not accepting this so we are not getting anywhere rep raised WS issue again saying they asked on multiple occasions, again I repeated what 5 minutes before coming in. I said I had Cert of Posting.   The rep mentioned about being given a few minutes to read it and I said I had a copy but the judge was saying it's near lunch and it will take too much time even though the rep said there is still 35 minutes left.   I said the WS was served see COP but the judge said they may have lost it etc so to send it again. I said the rep could have a copy now but the rep was like I couldn't take pictures of it and send back to my client as they only get things from them via email.   I said you could post it but the judge said the rep is saying they can't use post for whatever reason so if I could send it again. Case adjourned.   The rep asked about costs and judge said reserved and I asked about my loss of earnings and that I would have to get leave booked again. Reserved seemed to be the answer but the judge was apologising about being the last morning hearing and said he would make sure we were first next time and the rep asked for an hour instead of 45 minutes so judge asked me and I said ok.   The rep asked about the reason for adjourning to give to their client as they would have had to pay them to attend. Outside at the ushers desk the rep had spoken to the Usher to make a copy from mine (didn't accept it Infront of the judge) and also asked to see the COP and I obliged saying I deem this served now but the rep said you have an order/instruction from the judge to send to VCS. I regret giving them a copy thinking I should have said you will have it once I send it again to VCS. Whilst inside, the judge said as the hearing never started it wouldn't be infront of him again and also the rep said it would probably be someone else as she also wasn't the person named in their WS. As per POFA my understanding is one cannot be made to pay costs more than in the NTK. As it will now be a 2nd hearing, 2 days off work for me and 2 representations for them, will there be double AL for me to claim if I win or double expenses if they win?   There was supposed to  be 2 cases heard together but I only had WS for this one am I supposed to have asked for another WS? Will they be claiming the fee/expenses for both cases with one hearing yet I could only claim for the 2 days AL?   What do you make of what happened at the hearing from their rep, maybe they realised it won't be straightforward especially when it was a judge they were not aware of perhaps they conferred with their team about ways to handle aswell as ways to escape? Thanks      
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listless

Cabot/Ruthbridge chasing 13 Year old Capital One debt!! ***Resolved***

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Hmm very odd I wouldn't have anything of that sort with Barclays, how ever I did have credit cards with Them long ago though another SB case perhaps though I don't know how that would tie in

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someone died you don't know about....


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, the whole DCA industry would collapse overnight.

 

 

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You might have inherited and they cant find you....or they checked and your the wrong Mr Listless

 

https://www.fraserandfraser.co.uk/missing-beneficiaries-found/


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Wrong Mr listless ..I like that . . Anyway no one could have died without me knowing only my mum's relatives live here all my dad's side are dead and long gone...

 

However now that did spring a bulb on my mind ....

 

earlier last year I did get a letter about PPI from Barclays,

I called them to say they were mistaken I didn't have PPI , to find out that it was for a catalogue account in the group apparently I had PPI on that as it was barely used , I said I wasnt interested

 

the woman was adamant and saying I do not have to give any details only the reference numbers on the letters and if it due they will send me a cheque addressed in my name, u smelled a rat and declined it ( one of the catalogues tried to do me over once while I wasn't in the country ), and she said she take me off the system and I wouldn't receive any further communication.

That was probably that entry in the first part of 2019,

 

The new ones use another initial still one of my initials Though ,

since no more PPI and no relatives ( unless someone took fancy on me)..

most bizzare but who knows I only hope it's not one of those pests 

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was the letter from Barclays?

sounds like a ppi reclaims fleecer firm to me?

 

dx


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, the whole DCA industry would collapse overnight.

 

 

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Yes the letter was from Barclays early last year before the PPI deadline ,but no letter for the 2 latest searches, and I have referred back to that saved copy of the credit file from 2014 and I have had a Barclaycard with those initials  and the search btw is from Barclays apparently

Edited by listless

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I would suggest this is a plevin commission PPI payout.???

 

 

 

 


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, the whole DCA industry would collapse overnight.

 

 

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Thanks again dx100uk,

I guess you may be correct but why would they run searches in November last year and again this year after I specifically told them I wasn't interested in pursuing this , and they told me it will be closed at the terminating of the call and I would receive any more communication . Besides I thought this PPI claiming deadline has passed now it was on TV a lot last year. The reason being I have had cc from them .

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if it is a plevin refund, it's not a  PPI reclaim, it's the original creditor paying back what they have been mandated to do by the FCA.

 

Customers initialising complaints about PPI mis-selling yes did cease last august, however that doesn't absolve creditors from not paying back the total unlawful commission they might have gained If they got a commission backhander of greater than 50% for selling the policy to the customer.

 

the process of them wanting to give this back will be somewhat automated as the money will be sitting there and it's yours.

 

 

 

 


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, the whole DCA industry would collapse overnight.

 

 

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i hope they dont pay that money back to the purchasers of the debt as they haven't contacted me again

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On 28/02/2020 at 10:19, Andyorch said:

To whoever sent you the letter in post #1...Cabot or Ruthbridge ?

 

The only point I would add to end of the letter is that they update all the files with your current address.

 

Andy

I

Fear I have made a mistake with the SB  letter i posted ,

i  edited the letter as to what you said to add but opened up the file now to see its different auto correct / spell check i suspect has changed it


instead of " update all the files with my  current address"

what is there is completely different must be something that i had saved in to the checker it says

only update your records as to the above only ,


shall i print out another letter and post again ?

or is sending 2 letters no good?

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Cabot are liars, the debt is statute barred. Nothing they can say or do can change that.

 

As above though, you must update them with your current address,


We could do with some help from you.

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 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

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55 minutes ago, listless said:

i hope they dont pay that money back to the purchasers of the debt as they haven't contacted me again

They can't they sold the debt on.

but it wouldn't reset sb even if they did.

 

however it could explain why the dca has written to you......


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, the whole DCA industry would collapse overnight.

 

 

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1 minute ago, London1971 said:

Cabot are liars, the debt is statute barred. Nothing they can say or do can change that.

 

As above though, you must update them with your current address,

Many thanks for your reply , shall I send the SB letter again(only sent it yesterday) shall i send the same again to ruthbridge by adding that text to the bottom of the letter? if so  should it be in the main body of the letter or as a post script after the digitally printed name ? i was thinking of something like this,

please send all communication to my address as above on this letter please update all your files with my current address.update all your files with my current address,
should add i do not admit liability for this debt too? and re- send the SB letter

 

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dx100uk thanks again or the reply  Barclays was a different DCA as on the CRA file from 2014 dropped off the cra files in early  2017 if i m correct

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Barclays dca who?

 

If you put your correct address on the sb letter sent

Dont repeat send.

This why we say dont adapt our letters!!


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, the whole DCA industry would collapse overnight.

 

 

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Barclays dca Lowell
 I only added i do not admit liability , but Andy said to include a note at the end of the letter to state update all their files with my current address , but spell checker has changed to "update your records as to the above only" at the bottom of the letter ,

 

my current address at the top is correct as they sent this letter to this address ,but Andy said they are known to send letters to previous addresses afterwards, ie: court papers as i didn't inform them when i moved away all those years ago

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they have your correct address at the top.

if they do issue then that's all you need to have done to contest things.

 

stop worrying.

 

it extremely rare for lowells to sell debts on again, esp to a riva... the comment about it being a 'catalogue' doesn't fit with anything barclays, you must have heard wrong.

 

 

dx

 

 


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, the whole DCA industry would collapse overnight.

 

 

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Thanks again dx100uk,

Only worried as if they issue claim I wouldn't been know till they show up at my door this is my partner's place it's her property don't won't them coming out of the blue.thats all .

 

About Barclays I thought  the woman on the phone said the catalogue was owned by the group. 

But the cc' s were owned by Lowell's and when it was showing on the CRA back then was showing as Lowell's and Barclays too had entries but was showing as settled for the same accounts possibly because they sold them?

 

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listless

they HAVE YOUR ADDRESS

you wrote to them FROM IT

 

 


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, the whole DCA industry would collapse overnight.

 

 

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Thanks dx I do need a telling off ... 😁 Guess I'll just have to wait it out

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Why does the SB letter say without prejudice ?

Excuse my ignorance, but I have thought that means can't be used latter as evidence in a court ?

Only because Google said so didn't think too much of it till now.

 

Just found out wescot is also owned by cabot

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wetcloths are not owned by cabot.

 

doesn't matter it can't be used in court.

if the debt is SB'd not even a judge can unbar a debt.


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, the whole DCA industry would collapse overnight.

 

 

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As I was working myself to death trolling the net past few days I came across this 

 

https://www.cabotcm.com/en/news/cabot-credit-management-plc-completes-acquisition-of-wescot-as-it-secures-a-major-outsourcing-contract/

 

Btw I managed to locate few of my other saved credit files looks like Cabot have done traces till at least 07 /2015,  and my last default 12 /2010 

 

 Is there anyway I can find out if anybody has initiated claims against me by contacting a court..

 

I know I know I do need as telling off but I remember those days well

 

I couldn't even afford payments for my long list of prescriptions not much better now ,

but was mentally a little bit better till last week.

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yes ok sorry I forgot that acquisition, but it hasn't changed that wetcloths don't 'only' chase debts for cabot now.

they also have other clients.

the sb letter goes to cabot the debt owners or as you have their dogs..ruthbridge.

 

as for courts....

dca's don't contact courts..if you mean if they put in a court claim, that latterly resulted in the court sending out a claimform.

and without any contact, the claimant gaining a judgement

these would be shown on your credit file for 6yrs.

 

initiating a claim...will result in the above so you'd know about it, should it not have been defended, of which..ofcourse you must thus

know about!!

 

and don't forget anyorch's post correcting me earlier.

 

 


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, the whole DCA industry would collapse overnight.

 

 

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