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    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
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BTB

Cabot and Ruthridge help for a newbie to this site

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Well actually help for my brother, but he has no access to a PC or internet!!!

My mum received a phone call 2 weeks ago asking if my brother lived there as they had a parcel to deliver!! Of course my mum said yes and waited in patiently for a week waiting for it to arrive.

However a week ago a letter arrived 2nd class from Ruthridge stating without predujice saying he owed over £20,000 but it had no reference number or who they were acting for.

My dad rang them and delibrately gave them his own D.O.B and they didnt even query it but said they were acting on behalf of Cabot. My brother doesnt recall even having any debt with Cabot though when he got into financial difficulty in 2000 he had a £6000 loan with Barclays which he thought had been dealt back then. He even banks with Barclays now and he has not received anything in the last 7 years to chase for this debt.

 

Anyway I did a google search and found this amazing site and of course a huge topic on Ruthridge and Cabot and there is sooo much to read so basically could someone kindly point me in the right direction of what steps need to be taken and when i.e. what letter to said and when

Im havent got up to speed yet with all the abbreviations..

 

I really want to have some fun with these pigs as I dont want them turning up at my mums' house and causing her distress as she is elderly and is already worrying about this.

 

Ive recently started working for the Insolvency Service and have tried to reassure my mum what Ruthridges limitations are on turning up at her house etc and also aware that they cant just make my brother Bankrupt but I deal with debts after the event of Bankruptcy not before so my knowledge is very limited, although I have offered to let my mum have my 2 rottweilers for a while, would be great to see the con men turn up with my two boys sat at the door

:razz:

 

Any guidance would be greatfully received and I will keep you updated on the fight

 

Cheers

 

Badtastebear

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OK, first thing is, tell him NOT TO WORRY.

 

What he needs to work out is, has he at any time, made any payment or otherwise acknowledged a debt since 2000? No? That sounds about right.

 

Cabot will be aware that this debt is very likey to be statute barred. So what they have done, is pass the collection part on to Ruthbridge, who have even less scruples than they do. In other words, Ruthbridge don't care if the debt is no longer collectable, they will just use unlawful bully boy tactics to try to scare your brother into paying up.

 

They WILL keep phoning, and my advice is, as soon as he knows it is them on the phone, either put the phone down, or sit it beside the telly or radio. Under NO circumstances must he talk to them. He then needs to write to them, demanding that ALL communication is to be in writing only. There is a template for this, so just ask if you can't find it.

 

Next, he needs to send a letter asking for a copy of the original agreement, emphasising the he does not acknowledge any debt whatsoever. He must enclose £1, and MUST stipulate that this is to be used only to satisfy his obligation whilst requesting his agreement. This is the CCA letter.

 

Ruthbridge will do absolutely anything to intimidate him. So he must be prepared to fight back. But at no time must he even verbally agree or pay anything whatsoever. They WILL try to get the 6 year period started again. He'll also need to be prepared to make an awful lot of complaints to the various regulatory bodies.

 

Just to emphisise the point. Ruthbridge are a bunch of lying, cheating, bullying feckers. And there is documentary evidence to back that up, just in case any MIB are wondering.

 

If you need any help at all, just keep asking. There is no such thing as a stupid question and we've all been there.

 

Not that you'l need it, but Good Luck. ;)

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On top of Seahorses good advice I would recommend your brother gets a copy of his credit reference agency reports they cost £2 (from experian, equifax and call credit)

 

If he has moved addresses within last 6 years he should show them the previous addresses so they are certain to send correct reports relating to your brother.

 

As you'll be aware this will allow your brother to see exactly what is going on and who is writing data about him etc.. - he can then get irrelevant stuff removed etc..


My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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Ruthbridge will do absolutely anything to intimidate him. So he must be prepared to fight back. But at no time must he even verbally agree or pay anything whatsoever. They WILL try to get the 6 year period started again. He'll also need to be prepared to make an awful lot of complaints to the various regulatory bodies.

 

. ;)

 

Seahoss, as always, is spot on - but just as a reminder...Once a debt is statute barred, it stays statute barred - even if a payment is made. I expect Ruthbridge will lie about a payment having been received in 2003 or something- that's their normal tactics.

 

Tell brother not to worry- we're here to help and no-one's going to turn up on your mum's doorstep..

 

There's a lot of us trying to spread the word about the likes of Ruthbridge and Cabot- and the unlawful/illegal way they allegedly go about their business. It's people like your brother - who have no interent access- that we hope to educate. There are about 1.5 million people we would like to advise about Cabot--still, doesn't matter if it takes a few years, we're quite happy taking baby steps for now :)

  • Haha 1

Just hate every DCA out there

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My dad rang them today and spoke to a Jason Evans who was extremely nasty over the phone, stating the baliffs would be attending my mums house on Friday and they will sell her property (what a load of rubbish plus its a council house!!!!!!) and in the end Jason Evans slammed the phone down when my dad asked for a copy of the contract as he said I'm not doing that. Jason did however state that the £20000 loan was orginally taken out in 1997 however my brother took no such loan out around that time or has been chased or made any payment for any such loan. I will do a credit search in a mo.

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No more phone calls, but keep a diary of in and outgoing calls. Jason evans has committed an unlawful act by discussing this with your father. Breach of DPA and all that. Same goes for earlier contact.

 

Keep it all logged as evidence for when it is reported to the Information Commissioner's Office. ;)

 

It really is about time these lying eejits lost their licence.

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Im going to put in the letter to them that my brother now lives with me so not to worry my mum as she lives in Gloucester and Im in Reading. Im all up for a fight!!!

 

Where do I find the templates for the necessary letters??

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Hi BTB,

 

Follow the advice given on here and it will help your brother, i have been fighting ruthbridge sine July and sent all the letters and nothing just more phone calls which is ok because i record all of the messages they leave me and make sure you keep all the letter they send your brother, make sure you send all the letters to them recorded delivery because you can track it and print who signed for it and when it was delivered.

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Is it worth me requesting the CCA from cabot and barclays as well as Ruthridge??

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Cabot are now the owner of the account. They are employing Ruthbridge to do their dirty work. So stick with CCAing Ruthbridge for now. Barclays no longer own the account, although technically, as Cabot say they have not been assigned any duties, that must mean Barclays are still obliged to respond.

 

Hmm. CCAing them would set the cat amongst the pigeons. ;)

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I did mine to Ruthbridge because they are the ones asking for the money, i also sent it to cabot after the 12 + 2 days had passed as ruthbridge had not provide the CCA, I would send a S.A.R to Barclay's to get all the information they have regarding your brother

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Right then I will

1) Do a CCA to Ruthbridge

2) CCA to Cabot after 12+2 days

3) At same time do a SAR to Barclays..

 

Where do I find these letters has anyone got the link??

 

It does seem really odd that its Barclays as my brother has banked with them for years and still does to this day and they have never chased him or took funds from his account!!

 

Looks like Ruthridge is very small time as its only worth £75,000 and only have about 20 staff plus they're arent registered as being at an address in twickenham..Im very tempted to phone Jason Evans up and ask him to confirm his address as there's a parcel that needs delivering..Do you know its amazing how much dog poop 2 rottweilers produce :p

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http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html you need letter N on list it is £1 and do remember to send recorded delivery so you have proof of delivery

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html SAR Letter is in here costs £10 also send recorded delivery


My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html you need letter N on list it is £1 and do remember to send recorded delivery so you have proof of delivery

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html SAR Letter is in here costs £10 also send recorded delivery

 

Brilliant thanks for that...This is going to be FUN:p :p :p :p :p

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ive done a letter to Ruthbridge and done it with 3 points

 

1st Asking for the CCA

2nd Querying the usage of my data by them without consent

3rd Covering the harrass and doorstep calling and now all future

corres to be in writing

 

Is this OK??

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There registered address is Putney London there office's are in Twickenham

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ive done a letter to Ruthbridge and done it with 3 points

 

1st Asking for the CCA

2nd Querying the usage of my data by them without consent

3rd Covering the harrass and doorstep calling and now all future

corres to be in writing

 

Is this OK??

 

Dont forget to write at the top of every letter "I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY" -- and don't sign the letters with normal signature!!


Just hate every DCA out there

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Dont forget to write at the top of every letter "I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY" -- and don't sign the letters with normal signature!!

 

Cheers for that you must of read my mind, as I knew Id missed something out!!!

 

Im going to send a letter to Cabot too making a complaint about their employment of Ruthbridge

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rock n' roll yeehaaaaa


If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

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Is the address for Cabot Financial Europe Limited the same as the UK limited????

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Ignore above just found the address. DOH

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Go for them, I.m currently being chased for something which will be statute barred this September and am ignoring all mail form various companies. I now have a list (thanks to this site) of which companies use which PO box addys and am not replying. I fully believe that if a DCA contacts you about a debe they should include the last bill or statement you received from said company... wouldn't that put the cat amongst the pigedons.....

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Im going to send a letter to Cabot too making a complaint about their employment of Ruthbridge

 

I woiuldn't bother - wasting both your time and your money on a stamp- be like talking to a brick wall...If you want to do anything, then write to Cabot and tell them you want to make a complaint to OFT and FO about them (cabot) and their use of a company who operate illegally (allgedly)--so could they forward you a copy of their complaint proceedures, although those are in Seahorse's blog.. ;-)


Just hate every DCA out there

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Yup. UK operates out of a matchbox in the same building. Well, you actually could fit the sum total of their employees into one. Or even on the head of a pin. ;)

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I woiuldn't bother - wasting both your time and your money on a stamp- be like talking to a brick wall...If you want to do anything, then write to Cabot and tell them you want to make a complaint to OFT and FO about them (cabot) and their use of a company who operate illegally (allgedly)--so could they forward you a copy of their complaint proceedures, although those are in Seahorse's blog.. ;-)

 

 

Basically thats what ive done..as they say every little helps plus Ive got a very big spoon and just love stirrin......I just love the thought of winding these scr0ts right up!!!!!hehehe hehehe....

 

I must say that as yet I havent seen any Bankruptcy case come in, that i've seen, that have been instigated by Ruthbridge Limited which says something about their threats.....EMPTY

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