Craigbadger
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Everything posted by Craigbadger
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I guess I just say exactly what has happened and when. No exaggerations or personal opinions just state facts from my point. The fact still stands that they say I owe them money and are yet to prove anything and that is my position. The fact they admit they can't enforce it in court means they know this. I presume if they turn up with agreements and paperwork I can question that and ask for a chance to form a defence?. Saying that I presume they will have to provide me and the court with copies of that before the 21st when all paperwork is due to be forwarded between parties and the court. Saying that to come up with paperwork now would surely be unfair? I mean don't get me wrong I have no issues with turning up in court to defend myself but other than them admitting not having and providing no paperwork I won't have much else to say. Ive had numerous accounts and credit with lloyds over the years so god knows whats what and thats as far as I go with that.
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Right I just called the court and they have paid the hearing fee so seems they are going through with this. Are there any examples online of good statements?, I know there is no templates as such just want to get an idea. Have got another 10 days or so to get these delivered I just don't want to leave it till the last second.
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Ok thanks. Is it normal for them to keep pushing even though they haven't supplied a cca or are they still hoping I won't turn up and they get a default win?
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That was it re cca, came the same day as Weightmans saying they will be proceeding.
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Out of interest would it be worth questioning Weightmans regarding this Cabot letter, maybe just ask them directly why they are continuing when Cabot have it on hold?, would just save so much hassle. Cabot are admitting it is unenforceable and have put the account on hold yet Weightmans don't seem to know this. I know. Quoting from the letter: Re your cca request etc "Unfortunately Cabot has not been able to provide you with the requested information within the relevant time period" "We shall continue to request the information from the original lender to assist you with your request, in the meantime your account is on hold" "Your credit agreement is currently unenforceable which means we are not permitted to obtain a judgement or decree against you in court"
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Right I rang the mediation number to check and it seems that was already done before when I thought it was, the mediation letter was just a generic sheet put in by the court. Ive got a couple of weeks to provide whatever paperwork I am relying on in court. Is there any sort of guide for this?. I do have the letter from Cabot stating they don't have the agreement and that the account is on hold so I presume that is pretty damming. How a company can put an account on hold and proceed with court action is baffling.
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Thanks will do.
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I hadn't actually received the allocation at that point just the questionnaire, they called me 2 days after id returned the form. Today I've received it for the first week of august. It does again ask if I agree mediation again. I guess I should contact them to show my willingness?. Also states that they must provide their evidence to me by the middle of July(sorry its vague don't have letter handy). I did have a without prejudice offer to settle a month ago, was about 30-40% off the claimed amount.
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Just to update. A couple of weeks ago I had a call from the mediation service informing me everything was received and then asked if i'd received what I needed from the other party that was requested which I haven't so that was that. I was in a rush so didn't have time to ask questions but that seemed to effectively kill the mediation dead. She said to let them know if I did receive anything but in the meantime it was on hold.
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Just read mrcoopers thread, seems fairly similar his was just for more money. Puts my mind at rest a little although i'll keep awake for now.
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Just to update my thread, N180 sent to court, solicitor + claimant and N180 received from solicitor. Im curious now as to what happens now?, how much have they spent on this?. Ive just read the last letter from Cabot and we know its a generic reply but they state beyond any doubt that the account is on hold, unenforceable and that they can not obtain a judgement in court yet still they persist. Should I expect some contact re mediation?, do they tend to go all the way without the cca or without forfilling a request?, surely I have tried to resolve this but they have provided nothing.
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Have just noticed this from a recent t&c update which came as an email (google Important changes we've made to the terms and ... - HSBC) and you can download the pfd, I can't seem to get the link to copy. Page 12 HSBC Advance Bank Account eligibility We’ve added an alternative eligibility requirement. So instead of paying at least £1,750 into your account each month you can alternatively pay a minimum of £10,500 into your account every 6 months. Internal transfers from any other sole or joint personal accounts you hold with HSBC Bank won’t count towards these amounts. HSBC Advance Bank Account applications are subject to status and internal checks. Page 7 Bank Account terms and conditions clause 1 We’ve added the right for us to upgrade a Bank Account to either a HSBC Premier Bank Account or an HSBC Advance Bank Account if you meet the eligibility criteria. Page 6 Current Account eligibility We’ve added the right for us to upgrade a Current Account to an HSBC Advance Bank Account if you meet the eligibility criteria. Page 11 Graduate Bank Account terms and conditions We’ve added the right for us to convert a Graduate Bank Account to either an HSBC Advance Bank Account or Bank Account (depending on which eligibility criteria you meet) at the end of the two year term.
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Yeah. Maybe its in with a statement or something so i'll have a look. After having a search it seems it is now free and offered to those earning over a certain amount. As far as I'm concerned as long as there are no negatives i'll just continue. http://forums.moneysavingexpert.com/showthread.php?t=5050752
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Makes sense i'll pop in and see. Guess I was just wondering if its a widespread change.
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Ive just noticed that my hsbc account is now an Advance account rather than the standard account. Ive not had anything in writing or have I applied for anything. Should I be concerned?, is there are a charge on this?. All I can seem to find is lower overdrafts but I don't use and overdraft so makes no difference. The only thing I can possibly think is that I closed a business account a few months ago and they moved the credit card which was a commercial card to my personal account.
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Thanks Andy much appreciated. My handwriting is horrific.
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Thanks. I wish they made these things clearer.
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Right can I just double check something before I send all this off. On the Notice of Proposed allocation it says. 3. You must by 2* April 2015 complete the small claims directions questionnarie (form n180) and file it with the court and serve copy on all other parties. What does that mean exactly?, they have only sent me one copy which I had presumed I returned to court but it says above serve copy to all other parties. I presume I agree to mediation but I'm just confused as there is only 1 copy and the notice tells me to send one to the court and serve a copy to all other parties who I presume is the solicitors.
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About 3 grand I think, non homeowner, skint, self employed. They must be after my old Golf which is worth about half the amount owed as I've not got a lot else. If you remember Weightmans sent me a letter saying they would be proceeding the same day Cabot told me they had no cca, the account was on hold and unenforceable till they found it so maybe there is just a lack of communication or if its anything like most things in the world now things go by a clock unless someone stops the clock.
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Right I have today received a Notice of Proposed Allocation to the Small Claims Track and Directions questionnaire and a Mediation form. I presume I just complete these are return them.
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Seems odd that they would contradict the other letter Cabot sent. I guess that was just in response to my cca where as this is the actual case.
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Right just had 2 identical letters off Weightmans with nothing more than informing me that their client intends to proceed with the claim and they are informing the court of the same, would of been cheaper to just write in capitals rather than send 2 but yeah. I presume this is to be ignored and is scare tactics, given that Cabot have already said they have not got a cca and can't use courts unless they find one.
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I called the local sorting office and they said they could not help and that I had to go through the national number.
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In simple I set up an ad hoc business collection with RM, they failed to collect when promised, failed to collect the next day and again on the third day. At which point I asked for a refund. 14 days later and no refund has been received, no contact of any type either regarding the refund or to apologise for the lack of collection or an explanation from them and to rub salt in the wound £20 of call charges to a premium number. Had they come and collected I would of accepted these and learnt from the mistake but as we stand I am the best part of £40 out of pocket and pretty annoyed. I have slowly moved to couriers for all but international shipping over the last year with a pretty good success rate but there was about 100 orders and my car was in for repair so I figured this a good option. I guess what I'm asking is do I have any grounds for reclaiming those call costs?, Im going to email them about the non refund for non collection but won't be ringing them again.
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Haha, they do seem to last forever but no I won't. Will go german, Audi or BMW. Not bothered about age just want something reliable and affordable.
