Cabot/Nolans SPC Claim - old Cap1 Card debt

[DA11]

Yes I took out an overdraft with my bank but that was all. 

[dx100uk]

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

 

Dx

[DA11]

Saying what? Any help appreciated.

[dx100uk]

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

[DA11]

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. 

[dx100uk]

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?

[DA11]

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?

[dx100uk]

pdfmerge websites

 

 

 

[DA11]

jpg2pdf.pdf

 

Notice of default attached.

Edited September 24, 2021 by DA11

[dx100uk]

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

 

dx

[DA11]

That's correct.

[DA11]

What do you think dx?

[dx100uk]

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

 

[DA11]

20 in total between May 2014 and August 2020. The last actual transaction on the card is January 2019.

[dx100uk]

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

[DA11]

Yes sorry the last late payment fee was December 2018. I just mentioned Aug 2020 to show how far the statements cover.

[dx100uk]

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

 

 

[DA11]

Quick question DX. I'm filling these out just now. On the CISHEET should I enter the interest rate of the card as well or should I just add up each £12?

[dx100uk]

sorry yes well spotted

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

 

 

 

[DA11]

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? 

[dx100uk]

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

 

[DA11]

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?

[dx100uk]

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

[DA11]

CISheet v101.xls

 

StatIntSheet v101.xls

 

3rd time lucky?

[dx100uk]

thats an interesting sum eh?

 

dx