Jump to content


  • Tweets

  • Posts

    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
    • Quotes of the day penny mordaunt came out swinging with her broadsword, and promptly decapitated sunak while Nigel Farage, representing Reform UK, made contentious claims about immigration policies, which were swiftly fact-checked during the debate.   Good question though raised at labour about the 2 child benefit cap, which I broadly agree with, but the tory 'trap' assumes tory thinking - rather than child centric thinking. There should be no incentives to have kids as a financial way of life paid for by everyone else ... ... BUT the kids should not be made to suffer for the decisions of their parents Free school meals would feed the kids, improve their ability to learn, and incentivise them to go to school. As an added benefit ... it would invest in our nations future.   How far this should go is a matter for costing, social intent and future path of the nation, but not feeding our nations kids is an abomination. There should be at least one free school meal per day for every child who attends school. Full Stop. Its the cheapest and most effective investment in our future we could make.
    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
    • cause like you said in post one, 99% of people think these are FINES (it now reads charge). and wet themselves and cough up. they are not, they are speculative invoices because the driver supposedly broke some imaginary contract by driving onto privately owned land which said owner may or may not have signed some 99% fake contract with a private parking co years ago, thats already expired or has not been renewed or annually paid to employ them dx  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Legal and Trade obstructing payments


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5991 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Priority One - you are still there! Thank you for the advice. I will write to them and hopefully that will be the end of the harrassment - becuase that is what this is. If they do start Court proceedings and I have to go to a lot of bother for nothing, I am seriously considering suing them!

Link to post
Share on other sites

  • Replies 76
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Yes, am sill here Pinky !... still on Debt Row.... :D ....but gradually coming off it ! ;)

 

I very much doubt they will try and pursue this one to court.... but may sell it on to another bunch of muppets instead.... stupid bergers ! :D One of mine has recently done such a deed.... won't find out which account 'til Tuesday though. :cool:

Link to post
Share on other sites

AHA! I see what they have done now! The loan was originally an overdraft - which they converted into a loan! Now that there is no credit agreement, the letter I received is demanding repayment of the overdraft! So they want their cake and eat it too. All my statements from them relate to a loan. Do I need to request the overdraft agreement now or what? Surely I can now demand all the payments I made to them under the loan, for which there is no agreement. This is getting really complicated! Ha!

Link to post
Share on other sites

i would write back to them and state that your statements relate to payments made to a LOAN and not an overdraft, therefore cough up the CCA!

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

Link to post
Share on other sites

i would send Priority Ones letter

 

but does your statement show a Loan number?

or an overdraft number?

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

Link to post
Share on other sites

There shouldn't be a need for another CCA request.... and I would forget about re-claming your payments back unless you want to open up a new can of worms with BOS. It's not as straightforward as it seems and success is highly unlikely.... as those payments will have been made voluntarily.

 

As it stands, L & T have no Agreement... so can berger off.

Link to post
Share on other sites

I have looke d at the letter again Kenny and the account number on it was not my original current account number. Also, the number on the letter is nothing like a current account number the B of S would use - it is clearly a loan acount number! You couldn't be up to the sonning sods!

Link to post
Share on other sites

I understand what you are saying Priority but if they start legal action then I am going to see a solicitor and will take advice about what I can claim off them. They have taken more off me than the original loan and there are many judgements about the unfairness of this.

 

This is the letter I am sending and hopefully it will stop any further action in its tracks.

"I have never had a Current Account with the Bank of Scotland numbered xxxxx – that is a loan account number and can be easily traced.

A request for a copy of the Consumer Credit Agreement(Consumer Credit Act, 1974) was received by your client’s agents on 10 April 2007. They were unable to produce a copy of said agreement. No such agreement exists.

 

As your clients are now in serious default of this request, any attempt to contact me for payment is a criminal offence, which I am reporting immediately to Trading Standards and the Office of Fair Trading. In addition, any attempted Court action will not only be vigorously defended but will entail action for return of all monies solicited from me illegally under a non-existent agreement, my costs and substantial damages for harassment."

The people are fighting back - Ha!

Link to post
Share on other sites

  • 3 months later...

Hello again,

 

An update on my Bank of Scotland saga. They have huffed and puffed and sent me umpteen threats but I have totally ignored them and without a credit agreement they know there is nothing they can do. I am grateful for all the advice I received from you.

 

I have joined Priority One in making even greater inroads into getting (hopefully) the larger portion of my debts written off. I terminated my Debt Management Plan with CCCs as there had been nothing but errors with it since July and I am now free to pursue who has credit agreements and who hasn't. I am no longer afraid of any of this - I feel as If I have taken back control.

 

Thank you again everyone.

  • Haha 1
Link to post
Share on other sites

Thanks Luminol! I am finished with Legal and Trade. They passed it on with lightening speed as soon as I asked for a copy of the credit agreement. It is now with another company and they are up the creek without a paddle. I get letters saying they are going to do this and going to do that but they can do nothing and I just ignore them. Thanks for the info though!

Link to post
Share on other sites

  • 3 weeks later...

Hello Everybody,

 

I was busy in December asking for copies of Credit Agreements using the template and sending the £1. I sent 7 in total. So far 2 haven't replied and their time is up on the 27th. The others are a shower of chancers! Moorcroft asked me "in a spirit of co-operation" what action I planned to take "in court or with other official bodies" so that we each know what the other is planning! Are they near the limit of the OFT's patience? Cabot have only written about one "alleged" account even though they have two! They returned the £1 and said they are not obliged to furnish me with a copy of the agreement but are hopeful of doing so within the 12 days! Nice try. Direct Legal Collections have said that they are hopeful of acquiring a copy of the agreement but if they don't they will provide me with a copy of a document that fulfils the criterion of the Credit Act. If they don't get a copy of the agreement, they will be in touch with me in 21 days. Take your time! If you don't supply me with a copy of the agreement, you can send me a piece of loo roll if you like because whatever you send me will have as much worth.

 

Yesterday I felt for the first time that I was taking back control from these scavengers. I am so glad I came on here - thank you all. There is a bit of a bumpy ride yet before I finally get rid of them once and for all but I am looking forward to finally putting this behind me.

Link to post
Share on other sites

Some confusion that the experience of posters might be able to clear up for me!

 

I had a loan and credit card with the Co-operative Bank. On the list of addresses of creditors I received from CCCS, the credit card was listed under the Central Bureau of Defaulters and the loan under Phoenix Credit Services. I wrote asking both for copies of the credit agreements. The Co-operative Bank itself has not been on the list of creditors since 2003 but I still get statements from them concerning the credit card and I got one again yesterday.

 

I am confused about who now owns these debts - and whether these two agencies are acting as agencies or do they own the debts? Is a request to them for a copy of the credit agreement legitimate even if they are only acting as agencies? - I have never received letters of assignment. And why would the Co-operative Bank pass them on for others to manage when they have their own debt management section? The 12 days is up for both on Thursday and I have had no replies.

 

I think the banks act in cahoots with agencies even when they sell the debts on. I wrote to both the Bank of Scotland and Legal and Trade asking for a copy of the credit agreement and the Bank of Scotland returned the £1 and said Legal and Trade would deal with it - I never received a leeter of assignment from them either (that loan is now well in default). I got statements from the Bank of Scotland.

 

My query is : if an agency is acting on behalf of a bank, are they bound in law to provide a copy of the Credit Agreement if asked or should I also write to the Bank? I'd apprecate your guidance - thanks. I don't even know who owns these debts.

Link to post
Share on other sites

Hi I had same problem what I did was send CCA to company who was demanding payment, in both cases they wrote back that they had asked their client to forward the information on to me, as far as I am concerned the time scales involved with the CCA request start from the date the first company received the CCA request. Though this did prove to me that they did not own the debt as one of them had said in their letter to me.

 

all the best dpick:)

Link to post
Share on other sites

Thanks for that, dpick. So, just to clarify - the request to the agency satisfies the credit agreement request. I see from the statement I received that they have actually paid the £1 I sent with my request for the agreement into the account! That's academic because the important thing is that in sending the £1 I have complied with the CCA. They are obviously going to try and ignore it but I am going to ignore them longer - for the statutory period!

Link to post
Share on other sites

2 of the 7 DCAs requested for CCAs are in default today. The funny thing is that I have had letters from 4 of the others but not even an acknowledgement from these 2. Oh well, a further 30 days and counting!

Link to post
Share on other sites

  • 2 weeks later...

Time is moving on and 5 of the DCAs I wrote to are now in default, with the remaining two being in default in 2 days time. I have had a letter from Hillsden Securities saying they are trying to get a copy of the agreement from MBNA and in the meantime all activity on the account has been suspended - that tells me they don't have one and I expect I will receive a hashed up application form in due course. I have also had a letter from the Co-operative Bank saying they haven't received a payment and I replied that their agents/assignees haven't replied to my request for a copy of the agreement are now in default - either the DCA hasn't contacted them or they are at it!

 

Tick tock, tick tock - just take your time - no rush!

Link to post
Share on other sites

Letter from Cabot to say they are still trying to get the agreement from the originator, which means there isn't one. The Co-operative Bank have gone strangely quiet since I informed them the DCA they passed/sold the debt onto haven't replied to my CCA request, so that means they don't have the agreement either. Isn't this fun? - Ha!

  • Haha 1
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...