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    • as i said in post 2 you do not appeal stop reading other forums read the threads here i pointed you too   await the ntk.   dx  
    • Growth in the July to September quarter was weaker than expected, suggesting the recovery is losing steam.View the full article
    • 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finish the project – and then to try and deal with the claimant in respect of those on the basis that the case would be withdrawn and everybody would walk away.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.
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Cabot/Hoist x 2 Bank of Scotland Current Account Overdrafts


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Posted (edited)

Received letter today from Cabot advising a company called Resolvecall will come to my door to get me in touch with Cabot RE BOS current acct OD for £763.

Also received a letter from Hoist Fianance for another BOS current acct OD £500- had no idea about either of these! 

I called Cabot (from withheld no) and asked for some info (did not admit debt etc) as I honestly can't remember anything about this account.

This is the info they gave me...

-BOS current account opened in Dec 2009 
-Defaulted may 2015
-Cabot purchased debt in July 2018
-Last payment made was £30 in 2019 but was a payment that Moorcroft transferred to Cabot!? I asked several times if this payment was made to Moorcroft in 2019 then transferred or if it was a previous payment- did Moorcroft hold the account prior to Cabot but the advisor did not know. 

 

Then called Hoist

-Current account opened in Aug 2010
-Defaulted June 2017

-Hoist purchased debt late 2019 but had been with several other agencies prior

-Last payment made was £54.26 in March 2020- £54.26- similar to above, not a payment made to Hoist, advisor kept saying a previous agency transferred them the payment!?

 

I can not find any trace of this payments- was hoping to go along lines of statute barred but not entirely sure where I stand with them both?


 

Edited by Shooz91
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  • Shooz91 changed the title to Cabot/Hoist x 2 Bank of Scotland Current Account Overdrafts

You must seriously stop using the phone!! Never phone a dca..ever.

 

If you have moved since then, simply cover yourself and write to each informing of correct address. Then radio silence until/unless you get a letter of claim

 

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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Unless you in writing informed the oc before sale or the dca since you moved... i wouldn't risk it. Just because a dca writes to your current address, means nothing.

 

Paploc does not apply no.

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 don't think it was planned this way...thats why they went for the claim with the best chance 1st...you found cag..unlucky cabot..

 

oD's are notoriously difficult to litigate upon

just have a search here for od claimform

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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  • 4 weeks later...

Just had Resolvecall at my door RE the Cabot debt! I did not answer as he was a rather scary looking chap (I know they can not enter etc) but he has very kindly posted a note through the door.... 

'In light of the current pandemic we are looking to contact yourself, in order to understand your present circumstances'..... What has the pandemic got to do with it!!? 

Any advice? Really do not want these clowns knocking my door.

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Just ignore them

stuff and all they can do

 

Dx

  • Like 1

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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