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    • I doubt HMCTS holds any data on whether arrests by AEAs required police assistance.  They couldn't or wouldn't provide data on how many of warrants issued were successfully executed - just the number issued!  In my experience, arrest warrants whether with or without bail are [surprisingly] carried out with little or no fuss.  I think it's about how you treat people - a little respect and courtesy goes a long way. If you treat people badly they will react the same way. Occasions when police are called to assist are not common and, having undertaken or managed many thousands of these over the years, I can only recall a handful of occasions when police assistance was necessary. On one occasion, many years ago, I arrested and transported a man from Hampshire to Bristol prison on a committal warrant. It was just me and he was no problem. I didn't know the Bristol area (pre Sat Nav) and he was kind enough to provide directions - seems he knew the prison.  One young chap on another committal warrant jumped out of his back window and I had to chase him across several garden fences.  When he gave up (we were both knackered) I agreed to drive by his girlfriend's house to say farewell for a while.  I gave them a few moments and he was fine. The most difficult are breach warrants but mainly in locating the defendant as they don't want to go back to prison - can't blame them.  These were always dealt with by the police until the Access to Justice Act transferred responsibility from them to the magistrates' courts. The fact was the police did not actively pursue them and generally only executed them when they arrested someone for something else and found they had a breach warrant outstanding.  Hence the transfer of responsibility.
    • thats down to mcol making that option available for you to select, you cant force it. typically if there are known processing delays at northants bulk it will be atleast 14 days later if not more.
    • Thanks   Noting the day to apply for default judgement if necessary
    • nope, as the display model was not the colour the customer wanted. but your question is totally immaterial anyway as custom built doesn't come into it. dx
    • as long as aos is done by day 19 from the date on the claimform they get a total of 33 days to file a defence. (whereby the date top right on the claimform is ONE in the 33 day count) dx  
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Cabot/Nolans SPC Claim - old Cap1 Card debt


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Then i think an additional statement to the sheriff is in order before the hearing

 

Dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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can i just check that since that CCA return nothing more has come from nolans etc in regard to any 'paperwork' and whilst on that cut'n'paste CCa return sometime back, i will guess the signature is infact type written not signed by you...simple has your name in type face?

Signed agreement Page 1 & 2.pdf

Claimants submissions and and First List of Evidence.pdf

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Yes that’s correct in regards to the paperwork received.

 

In regards to the signature, no. It is definitely my signature. I can’t recall where or how I signed it as they don’t have any actual in store branches but it is 100% my signature. 

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well no the usual mo is you replied to an advert poss in a mag or paper and they send out the paperwork for you to sign.

 

in their submissions they state 2 sheets of the Default notice

you've uploaded to default advice letter but not the actual default notice itself

have they sent that and you forget it in the upload?

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sorry for late reply dx, I’ve double checked and yes I’ve missed another couple of pages which I think you are referring to. For some reason I am struggling to make the 3 pictures into a pdf despite doing so easily previously. Can you point me in the right direction please?

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pdfmerge websites

 

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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and you obv didn't comply to bring the a/c within limits by paying that amount by the due date?

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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well the cca is signed by you 

the dn is compliant

so is the assignment

 

is the address on the agreement T&C the correct one for the time of takeout?

 

 

On 29/10/2020 at 11:38, DA11 said:

Correct address at the time though I have since moved. Recent letters have came to my new address.

opps sorry!!

 

they say you have all the statement's

i notice the late payment was july 2018 and the debt wasn't sold till late 2019.

 

on the statements are there heeps of £12 over limit/late payment £12 penalty fees throughout?

 

dx

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

so about £240(+int at cap1 rate) in unlawful penalty fees??

 

4.The said supplier assigned all rights in the said debt to Cabot Financial UK limited on 15th November 2019

 

there cant be any £12 penalty fees after 15th nov 2019......

 

can you check again please

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

thank you

 

now a bit of work for you

 

here are the spreadsheets from old

 

 

get a copy of the CISHEET

 

set the claim from date to the date of the 1st £12 charge.

look at the statements and workout the LAST date CAP1 charged their card interest rate on the balance - enter that date as the claim to date.

 

enter each £12 penalty charge individually on its own line date , description (late/over limit Penalty Charge), Amount £12

 

save the spreadsheet... that sheet will give you a total figure top right note that down

 

open a copy of the statint sheet

 

enter the claim from date as the day AFTER the date your entered from the claim to date of the CISHEET

leave the claim to date ALONE.

 

on the 1st line of the data section of the statint sheet.....

 

enter as the date the same as you typed in the claim form date box

as the description - enter total of penalty charges & original creditor interest charged

as the sum - copy the noted total from the CISHEET.

 

the sheet does the rest for you.

 

explanation - penalty charges were deemed unlawful by the FCA (then FSA) in 2006, hence all the bank charges reclaiming that went on, thats how CAG came about!. the ruling is equally applicable to credit card charges.

 

you are entitled to each charge to be removed and the interest the charge attracted by the original creditor too (hence the CISHEET). 

 

as the OC sold the debt, the interest would have ceased then or before the sale to cabot, as the agreement was terminated upon sale. 

 

as that sum has been deprived from you from that date, and thus from you investing it,  the FCA (then FSA) stipulated that customers were also entitled to a flat rate 8% statutory rate refund until settled as compensation.

 

hope that makes sense - if you dont have MS excel - down load and use open office. you will have to save the spreadsheets first before being able to use them.

 

dx

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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sorry yes well spotted

put cap1 avg int rate for the period of all penalty charges in cell D15 on the cisheet.

 

:yo:

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I thought that but just wanted to make sure. Cheers.

 

I'm not too sure what to set the interest rate to. The original agreement states the standard interest rate is 34.94%  p.a. I'm assuming this is too high and it should be something lower? 

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use that... its low for cap1 ....cash radvance rate is g00d!

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

OK I've done that. 

 

CISheet

Total of Charges = £348 (I've included a number of £12 charges for 'overlimit' and 'returned payment' which I assume is correct? Hadn't noticed them first time around when looking purely for late payment charges.

Total after including their 34% interest rate = £590.23

 

StatIntSheet

The total for this after putting in £590.23 and then the date after the 'claim to' date from the CISheet is £5057.49.

 

Should I now be uploading a letter onto the court portal explaining these sums and asking for the total to be removed?

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can you upload both .xls files please? you might have to save as .pdf

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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thats an interesting sum eh?

 

dx

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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