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N_Just789

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  1. Hi everyone, I am having problems getting my SAR. I sent the usual letter and blank PO and this was not good enough for the OC, they sent it back requesting that I make it payable to them and now they have again sent it back to me saying that they are refunding the £10 and not fulfilling request as I haven't signed the letter and I need to send them a copy of passport/driving licence. Is this normal practice? Thanks N
  2. No DMP...I sought advice from the CAB for debts at that time I had to sign that paper for them to obtain paperwork. The payments am not sure as I don't have the paperwork for it, have moved a lot of times, bits are missing and had completely forgotten about it, hence the original thought that I hadn't even paid it or ever made a payment.
  3. Hi dx and all Restons it is! Have done AoC and have attached the other T&C, slip and that piece of CAB paper they included. Can I get help with defence as well? Thanks N
  4. Thanks dx for that. Heres the info...Can I defend this? Thanks N Name of the Claimant ? Cabot Date of issue – 9/01/2015 + 19 days ( 5 day for service + 14 days to acknowledge) = 27/01/2015 + 14 days to submit defence = 4pm 10/02/2015 What is the claim for – the reason they have issued the claim? The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Cap1 (Europe) dated on or about ** ** 2001 and assigned to the Claimant on ** ** 2007 in the sum of £1500 PARTICULARS a/c no **************** DATE ITEM VALUE ****2014 Default Balance £1500 Post Refrl Cr NIL Total £1500 What is the value of the claim? £1500 Is the claim for a current or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? Before Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes...Received a letter from OC but not from DP Did you receive a Default Notice from the original creditor? A Statement of Default...Is that the same thing? Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Could not afford, relationship breakdown What was the date of your last payment? According to DP: Jun 2007 Was there a dispute with the original creditor that remains unresolved? No Am awaiting reply to SAR request. Also as earlier in thread have attempted to obtain reply to CCA request Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes in 2007
  5. Hi Everyone, Hope you all had a good holiday. Update... As expected...indeed I received a claim form today. I also received my postal order back from OC on 8th as they weren't happy with the way I filled it out. So complied and sent it back the same day so still waiting for SAR. Have been looking at the PoC but I don't really understand it, as have had one before, but looks completely different. Should I make a new thread in the forum or can someone help with the defence here? Thanks N
  6. Hi dx... Thanks for that. Have put request in post today will await their response. Will update further when I hear something more. Thanks once again and happy holidays! N
  7. Hi dx ...To be fair I have been trying to do that and I did ask about the SAR when you already assumed I had it in June (posts 58 - 60). However, that question wasn't replied to. I am sorry but I find this all confusing. Do I need to send the SAR to Capone or Restons? Thanks
  8. Hi dx I wasn't sure if I needed to as had done CCA.Would that be my next step then? On the letter it says that I have to direct all future correspondence to them, do I need to send it to them or Cap 1? Thanks N_Just
  9. Hi Thanks for the replies... No its only 2 yrs as Acc op in 2001 and default in 2007. Thanks once again N_Just
  10. Hi Everyone... An update to this...There were no payments to this before 2009. The giro has my signature on it. There must be something in it as after a few letters it has been passed onto Marlin who have now passed it onto Reston Solicitors with the intention to issue a court claim after the 31st. This is something I am certain they are going to do, so what can I do now? Thanks N_Just
  11. Hi dx Thanks for your reply. Sorry but I am a bit confused (embarrassingly so). There wasn't any payment before then. Would I need to send them a letter? Or an SAR or something? Thanks N
  12. Hi Thanks dx & CitizenB for your replies... @ dx: have only done a CCA, no SAR. ..No payments made before 2009, they only forwarded one signed giro but saying I made 2. @ Citizen B: yes. Do I need to do an SAR as well? Thanks N
  13. Sorry....@Citizen B...It was a copy of signed giro that they sent
  14. Hi everyone Hope all is well and thanks for help and replies so far. Apologies for any typos...apart from other things my laptop has had it and using a tablet which is not as easy to use at moment. .the game of letter ping pong continues. I did write back to them and then have had word back from them Letter reads... "...We understand that you have received our recent correspondence, which you do not think complies with your request under section 77/78 of the CCA 1974. Please be advised the definition of a true copy as prescribed in regulation 3 of the CC (cancellation notices and copies of documents) regulations 1983 "the regulations") states what information can be omitted therein. Furthermore, case law shows that a "true copy" does not mean an exact copy however, cabot financial (Europe) limited Cabot have also included the signed credit agreement in addition to the "true copy". This goes beyond our normal obligations and the aforementioned definition and as such is more advantageous to you. We trust we have set our position exactly Yours sincerely Customer care department" Errrr...some of me would like to reply and say 'thank you for telling me in a round about way that you don't have it...now get lost'. However, the other part doesn't get it. Why can't they just provide it? Or are they up to something? Thanks N
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