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    • I've also seen it mentioned that the two parts of Ireland becoming closer is concerning HMG.   And that NI still coming under EU rules for trade could be showing that it's better to be in the EU than in Brexit Britain. If people start to think it shows Brexit isn't working, that's going to be a problem for Johnson et al.
    • You won't be able to bring a counterclaim unless you can produce a properly structured assessment of losses or costs or ancillary expenses and you will need to do this by producing at least written assessment et cetera as I have indicated above. Two of them would be much better. A court won't entertain a counterclaim simply based on your own speculation as to your possible costs. I understand very well that your preference would be to write off the entire job including all of the materials that were supplied and for you to recover your outlay for those materials but I think in order to do that you would have to show that you have acquired no value from those materials and once again I think that you would need an expert assessment which explained why the materials were completely wasted and that you would have to start from zero. You can be certain that the claimant will attempt to say that you have received value and in fact that the items which have been supplied or already installed can still be used. I'm afraid that because the attempt to arrange this contract as a cash only agreement inevitably invites the scepticism of the court, I think the court may well be open to consider arguments that the items which have already been supplied are of use to you. If you can get expert confirmation that the supplied materials are now of no use whatsoever, then you will also have to get a quote for uninstalling them and returning them to the claimant. This means that the whole thing is getting even more complicated. I do think that your best interests would be to discuss the matter with your new installer and to see what items which have been already supplied can be used to finish the project – and then to try and deal with the claimant in respect of those on the basis that the case would be withdrawn and everybody would walk away. I think it's time to start abandoning some of this rancour between you because it isn't helping and it won't impress anybody. Don't underestimate the disapproval that will be felt by the court when they get to know about the cash arrangement and this won't be helped by the fact that you then went ahead to try and get receipts. I understand very well that you say that you simply provided money and that in fact you were the purchaser of the items directly from the retailer – but there is no evidence for that and it would be an unusual arrangement and I think the court might express scepticism about that as well. I think we have to bear in mind your credibility in this – and I think that it is rather fragile at the moment. If you came up with a sensible business- like idea about how to put this one to bed and then put it to the claimant and also mention the fact that as he was involved in a cash only transaction, he also might find that he is incurring the displeasure of the court – particularly as he is the claimant, he might feel inclined to try and wrap it all up and bring it to an end. I think the next thing you must do is to get an expert report as I've already suggested above. You will need to do this anyway. If you don't have an expert report then even if you happen to win your argument that there is a breach of contract, the assessment of how much you win will be impossible for the court to decide. The court will absolutely want expert assessments. So you need an assessment as to the work which has been carried out so far and the work needed and costs involved to carry out the job. You need an assessment as to the usability or otherwise of the equipment which has been supplied. At least that for the moment. I don't think it is possible to do much more until you have this information. If you can get the information then we can decide what to do. Obviously I don't know anything about the subject, but I can't imagine that all of the equipment which has been supplied is useless. It could only be useless if you suddenly say that you want an entirely different system of gates – but on that matter, you are bound by your expectation in the contract and you would only be entitled to install a similar system using similar equipment.  
    • I wonder whether part of the UK issue with current NI protocol, is that it is enabling a better trading environment between Ireland and Northern Ireland.     Northern Irish businesses have anticipated import/export issues with Great Britain, so now trade with Ireland or via Ireland.   Apparently reports are that some Northern Irish businesses have seen an increase in trade. It is only businesses that mostly sell British fresh produce that have been affected by border controls  and even then, they could swap to local produce.   Agree that UK Government are using argument with EU as a convenient distraction, but also there must be a worry about increased risk of a united Ireland, as a indirect consequence of Brexit.
    • Fintan O'Toole has an article about the Brexit negotiations and what he thinks HMG's aims are.   Facing chaos and needing a scapegoat, the Tories seek an endless fight with Europe | Fintan O’Toole | The Guardian WWW.THEGUARDIAN.COM The EU’s proposals on the Northern Ireland protocol offered what business leaders wanted, but the prime minister prefers failure and grievance  
    • The carmaking giant is investing £230m in its Halewood plant, safeguarding 500 jobs.View the full article
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Cabot/Nolans SPC Claim - old Cap1 Card debt


DA11
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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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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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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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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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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?

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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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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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Share on other sites

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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