Hi, is there a set procedure which Banks, building society's and investment Co are legally, duty, morally bound to follow, if an account holder/investor reports suspicious activity (Fraud) on their investment/account.? I ask as recently I reported a suspicious activity (Fraud) on an investment and was told it was transferred out to ( a person known to me) and "we will be investigating" I asked should I report it to the police and was told that was my right to report it to police but "we will investigate". I decided to report the fraud and contacted, Action Fraud. I explained money had been transferred out of an investment without my knowledge or authority by a person known to me. Action Fraud explained that it was the reasonability of the investment Co to investigate. and that I could not action any police investigation until investment Co had completed their investigation. I could only give details which would be filed away. I was in contact with the investment Co while they were investigating, and asked "Will the account of the recipient be frozen to prevent them removing/transferring money out, after a few replies that they could not give me those detail (Data Protection Act) I finally got one employee to confirm the account had been frozen. I have recently found out that while the investment Co were investigating, the account the money was transferred/deposited to was not frozen and now the money gone/spent. So my question : Once fraud reported, is there a procedure which Banks, building society's and investment Co need to follow in circumstances like mine to protect investors money from being lost/spent/transfered to other accounts by fraudsters, ?

Hi Everyone, I'm going to tell you my experience to date so that others may learn from it. It's not quite over yet but I think it will be by next week. Feel free to ask me any questions. I live in SW Scotland and in Feb 2014 I approached a local family run company to quote for double glazed replacement windows. The sales director sent me the quote from his email address. I responded with a query and then accepted the quote by email. His email address was then automatically added to my Outlook email address book. The work was carried out in May 2014. The fitters did a really good job and I love the windows so there's no problem there. The problem started on 2nd June 2014. I received an invoice from the company asking me for immediate payment but that invoice didn't give me one jot of information on how to pay them. In fact it was very poor, it had no company reg number and no T & Cs either. I sent a quick email to the sales director (using the address already stored in Outlook) asking for payment details. I got a response which mentioned 'New bank account' signed by the director from the sales director's email address. I logged onto my bank account (Cahoot) and setup the payment online. This all happened early afternoon. Then around 4:30pm I received a second email from the sales director's email address but signed by the girl in the office. It gave me different bank details. I presumed that the company were in the process of changing bank accounts and that maybe the directors hadn't communicated it yet to the staff. It was too late in the day to check with them when I picked up the email. At about 7:30 that night Cahoot performed a security call. In it they asked me if the payment was going to the windows company to which I said yes. The next day I received an email from the sales director asking me where the money was because they hadn't received it. I was given the run around until the 11th June when I had become very suspicious and stopped communicating with him. In the meantime the bank were trying to trace where the money had gone. They sent me the necessary proof on the 20th June. I then got in touch with the company and sent the document to them on a different email address. I told them they could now put pressure on Barclays bank because they had definitely received the money. They instantly replied asking why Barclays when they were with Bank of Scotland. I sent them all the previous emails and the girl in the office phoned me and said they had never sent the emails to me. She asked me what I intended to do and I said I was going to phone the police, which I did. The police investigation is ongoing and there are now 8 other victims none of them to do with the windows company. Not once did this company try to talk to me or investigate the circumstances. Their first response was when I was on the phone to the office girl and the sales director was asking in the background if I was insured. The next thing they did was get a solicitor involved and sent me a demand to pay up. I went to my own solicitor and showed her the email. She told me I have paid. The company did a few things that made me very suspicious about them. They never chased me for the payment when I had told them they should received my payment by 3rd June at the latest and they deleted all their emails which were police evidence. I had my computer checked to ensure I hadn't been hacked which I hadn't. I then had the email headers looked at by a computer expert and they have shown that the so called fraudulent email was sent to me via the window company's server. It looks as if someone within the company logged onto a google email account (which is largely anonymous) and somehow intercepted my email but not quickly enough to stop another person in the company from also seeing my email. My next step was to complain to my bank. There had been no warnings on their screens to tell me that I wasn't protected by the Faster Payments System or that they don't check the account name. The bank's response was to tell me they didn't want the criminals to know this! I said if that was the case they could have told me during the security call. They dismissed my complaint. I went to the Financial Ombudsman. The adjudicator also dismissed my complaint twice but I appealed and it finally reached the Financial Ombudsman. The bank had very conveniently lost the recording of the security call but somehow the FO managed to get them to find it. It was because of that security call that she upheld my complaint. She says that the bank led me to believe that they checked the account name. She also said that the bank had authorised the payment and not me. She ruled that the bank should re-imburse me for all my legal costs, the debt owed to the window company and any other costs so that I am not out of pocket. This decision was made in May 2015 from my initial complaint in Aug 2014. My solicitor was amazed at what I had achieved. I would say that the Faster Payments System is not secure enough. The customer has no way of checking that the bank details provided by a company actually belong to that company. Criminals are now putting people into companies to spot loopholes in their security/admin procedures in order to send out fraudulent bank details to unsuspecting victims like me. You could ring a company to ask them for their bank details and the person you were speaking to could give you their personal information and you would be none the wiser. There is nowhere to verify that an account belongs to a company. Once you have paid the money it is impossible to get it back unless the bank made the error. I believe that in other countries they use a third check like the company reg number or an NI number. When the bank finally got in touch with me in August this year I asked them who makes the decisions on the court case if they are now paying. They said that I do no matter what the cost! They also said that they didn't want me to settle out of court and they wanted the hearing to go ahead. I have put in endless hourss of work on this and accumulated some very good evidence to defend my case. A legal debate is scheduled for 22nd October but my solicitor wants to use Counsel for the debate. They are saying they have struggled to find anything in law to help them and have had to go right back to Victorian law. They say the contract was formed via email and the company should have ensured that their email system was secure because I had relied on it. At the mention of Counsel the bank have started squirming. They rang me on the 22nd and said they were refusing to indemnify me after that date. I went back to the Financial Ombudsman with this information and she told me that wasn't quite what had been discussed. So everything is currently up in the air with the case. It looks very much like I will have to settle out of court because I cannot afford to fund this on my own. If the criminals are part of the company they will receive the money twice. I had hoped that the bank would help me see this case through to its conclusion so that I could have possibly had an outcome good enough to help others that follow in my footsteps. I may never know who was responsible for sending me that email because the police are just following the money. I now have a lovely set of windows with no guarantee.

Within the reply I received from the judicator was; "the business has accepted that its level of service was poor during their investigation of your **** fraud allegations and complaint. In this respect, the business has agreed to my suggestion that they award a payment of £150 for any trouble and upset caused" The above offer/award is only available to me if I sign to accept that it is a "full and final settlement of this complaint". Although this would not prevent me asking an ombudsman to make a final decision.

Name of Claimant - Cabot Financial (UK) Limited Date of issue – 8th September 2015 – issued counterclaim, defence dated by Mortimer Clarke Solicitors 14th September, received 18th September. What is the claim for (verbatim) – 1.By an agreement between original creditor & the Defendant dated xx/xx/2003 (“the Agreement”) original creditor agreed to issue the Defendant with a store card. The Defendant failed to make the minimum payments Due & the Agreement was terminated. The Agreement was assigned to the Claimant on xx/03/2015. THE CLAIMANT THEREFORE CLAIMS 1. 2xxx.x0 What is the value of the claim? 21xx.x0 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Store card When did you enter into the original agreement before or after 2007? Before 2007 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 - Cabot Were you aware the account had been assigned – did you receive a Notice of Assignment? Not aware and as far as I know not received Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? No Why did you cease payments? Waiting for SAR which was not received, in fact they took the £10 fee for full disclosure and applied it to the account instead. What was the date of your last payment? 1/09/2010 Was there a dispute with the original creditor that remains unresolved? Yes, made a SAR to original creditor which they never responded to, see above. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes and was making payments on this plan and asked for SAR.

Hello, I wonder if anybody could help me. I came to the site from Google as I typed in some information relating to Cabot Financial and a Claim Form and somebody had already posted a thread a long time ago. I tried to follow the thread but I got really confused. I am feeling quite stressed about this issue so that may be why I found it hard to follow, so I appreciate if this sounds familiar to you already but I may need some step by step help. I would be so thankful in return. A few years ago I went travelling and I missed some payments on a Lloyds Bank Student Credit Card (£500 limit) and they labelled it as 'Default'. My mother had moved address while I was travelling and so I failed to receive any letters from them about this. I have no legal experience and stupidly thought that because it stated the account was 'Satisfied' the payment must then be erased and my punishment must be the 6 year Default on my credit file. I therefore pretty much forgot about it and carried on with life. I signed up for Experian Credit Report about a year or so ago. Suddenly I started receiving letters from a company called CABOT FINANCIAL about a debt I had to pay them. I stupidly ignored the letters as I hadn't heard anything about the Lloyds debt in years and so didn't understand why I had to pay another company a debt from years ago, plus I couldn't afford to pay them the £663 they wanted. I heard something years ago about if they are not able to contact you personally and get a response then they cannot claim anything from you. Eg. Never answering the phone or replying to letters. I now realise this is not the case as I have received a COURT CLAIM FORM from CABOT FINANCIAL. This is what appears on my credit file. LLOYDS BANK CREDIT CARD Default Date 27/01/2012 Default Balance £663 BALANCE: £0 CABOT FINANCIAL (UK) LTD Default Date 27/01/2012 (They certainly did not contact me until the last 1/2 years but the date isn't shown) Default Balance £663 1st Question: Can I have two DEFAULTS on my credit file for the same amount? Eg. Both Lloyds and Cabot for the one debt I had. 2nd Question: Can anyone help me to respond to the CLAIM FORM from the COUNTY COURT BUSINESS CENTRE. (Details below) CLAIMANT: CABOT FINANCIAL (UK) LIMITED ISSUE DATE: 15TH SEPTEMBER 2015 PARTICULARS OF CLAIM: Defendant entered into a credit agreement described by the original creditor as LLOYDS BANK CREDIT CARD and having account number **************. The claimant, a UK limited company is the assignee and legal owner of all rights previously enjoyed by the original creditor. Amount Claimed: £663 Court Fee: £60 Legal Representatives: £70 Total Account: £796 Do I acknowledge it, defend, contest it? I cannot afford to pay it. I am off sick due to anxiety and depression and only get £315 a month. I also have a Lloyds Current Account that has just defaulted due to not being able to pay and I have a £3000 Halifax bank Overdraft which is nearing the limit. I wish I hadn't buried my head in the sand but the anxiety stopped me opening the letters and these things don't go away. Sorry for the long post. I really would appreciate any help and advice you can give. If you need any further information please feel free to ask. Thankyou.

Hi all, first post but have been doing some reading so hopefully we have a bit of an idea what we need to do and hopefully this post is in the correct place, if not, please feel free to move it! Back in 2008 due to family health and work issues, we ran into severe financial difficulties. We had several credit cards and came with to agreements with all but one to pay a full and final settlement. This all took us several stressful months to sort. We had defaults issued against us and began to manage our finances alot better. The one credit card company eventually moved our debt to a DCA but at no point did we respond to their letters or frequent phone calls. It now appears the old DCA has moved our debt on to a company called Cabot financial. It looks to be a fairly standard letter asking for the payment or for us to contact them to sort our an arrangement. Upon checking our credit files, I see all of our defaults are now gone and there is no mention of the outstanding debt. Do we simply contact the company using the following template? Letter M - Dispute your liability for a debt where a creditor has not contacted you for over six years If not, any advice as to what steps we need to take would be greatfully accepted. Thank you in advance.

Hi, My uncle is about to retire from a skilled manual job. He's been in this job for 50 years but his intended retirement date in October has had to be brought forward due to ill health. My uncle had a stroke and a heart attack just over a month ago. He's worked all his life has never spent anything other than basics. He hasn't done any repairs on his house (he doesn't even have heating) other than the bare essentials (when my mother moved in for a few months about 7 years ago and made him do it to stop the place falling down). So he's very ill, living in an unheated damp house. (The smell of damp hits you as you walk in, there is no wallpaper and barely plaster in places. The plaster is falling off the walls and there are huge cracks. Persuading him to do anything is difficult. Enter the financial adviser. This guy has persuaded him to put one pension into investments. He has another one due and this man is coming over to see him next week. My mother got his name and telephone number and begged him to delay but the man told her that this was urgent. She explained that the situation had changed, that my uncle was sick and undergoing treatment. Representatives from the council told him that the house was uninhabitable and he must move and my mother told this man. Last week my mother and I visited my uncle (we live over 400 miles away.) Mum had been there after he got ill. She's managed to get the council and other relatives living nearer to keep an eye on him and do some essential work. A valuer has visited and given him and us an idea of the possible auction value of the house and an idea of what it could be worth if it was done up. He has options but won't make a decision (he has always looked to authority figures to tell him what to do). So we explained that he could either sell the house and get somewhere smaller or do it up and hope he gets more. Either way he will have to move. He can't do it up himself he will have to pay someone. Meanwhile he does not have any idea where this man has invested his money, he has no list of investments or outcomes. He has little paperwork at all apart from a glossy folder. I have looked this man up and he doesn't have a website. His business name is different from the name on the glossy folder. Uncle tells us that the man told him it was all rather complicated and he would deal. Last week some forms arrived. As we weren't there the adviser's wife came round and collected the forms. We don't know what they were. Of course the adviser won't and can't discuss it with us without my uncle's permission. I get that. Mum has got CAB's pensionwise to try to intervene but my uncle won't deal with them. He trusts this guy. Frankly, I don't but without his permission I seem to hit a brick wall. The red flags are screaming at me; The absence of a list of investments The haste to get this next pension invested The refusal to delay the next meeting The fact that after a lifetime of thrift my uncle has only a small amount in his account (he showed my mother his bank book) The "it's all too complicated for you, I'll deal" that he seems to be saying. My uncle hates change, he doesn't travel, has never even had a passport. As I said he fixates on authority figures (real or perceived) and is really in a vulnerable situation with his illness. As an example he will get the bus to a big supermarket rather than shop locally as he knows where everything is. I think he will convince himself that he can update this house as selling it would upset him but for that he needs savings that he can access. If anyone can advise on anything I can do from a distance bearing in mind he'll not agree to intervention?

Hello all, I really hope you can help me with how to handle this claim against me. It is regarding a Vanquis agreement from 19 May 2010. To cut a long story short, I was suffering from a gambling addiction and took out lots of payday loans and credit I could not afford. I have paid various debts back but could not afford all. I ended up with 5 defaults against me. With my credit file ruined, I kind of just buried my head in the sand, thinking I would have to wait a good 6 years to get back on track. I have lived in 5 addresses in the past 6 years. Without my knowledge, from nowhere, a County Court Claim form went to my old address (which belongs to my parent's). They do not open my post, and nothing important ever goes there. However, I dropped in last week and a claim had been sent. I could not contest it or even acknowledge it - I had missed the deadline by literally 2 days! When I logged in online, it said a CCJ was issued against me On Friday just gone, a further letter was received at my parents address - a NOTICE OF ISSUE OF WARRANT OF CONTROL It says on this letter that 'Unless you pay the amount due before 25 August 2015 the bailiff will call and may remove goods for sale at public auction' My elderly mother has opened this and is deeply scared. I have tried to do lots of research but do not know what my best option is. They are claiming £970.58 but I simply do not have this money or anyone to borrow that amount from. The original limit was £500 so I do not know why it is so high. I would have liked to have filed a defence, asking for proof of the debt etc as many people are succesful claiming against Cabot with Vanquis debt. I considered asking for it to be set aside, but I fear this will be declined? I did not update creditors with my various addresses. I have moved a number of times since then. If I ask for it to be set aside I fear wasting the £155 which I can ill afford. Or I could file an N245 to ask for a repayment plan? Is this still possible despite the Warrant being issued? I am really in a state of panic - my mum is in tears thinking the bailiffs will visit this week and take MY PARENTS goods to pay this old debt. I really hope someone can help... Thank you so much in advance

Hi I am new to forums so i apologise in advance if this is in the wrong forum. I had a call from a foreign gentleman called "philip" claiming to be from the complaints department of the Financial Conduct Authoruty stating that certain creditors (Santander Barclays and capital one) of mine had got together and complained to his department as I was in a debt management arrangement, gave an approximate value of debt owed and wasn't paying them enough to clear the debt quickly enough. While we do owe money to these creditors two out of the three are in my wifes name. I told him that i didn't believe he was from that orginisation and put the phone down on him. I got a phone call back immediately from him which he was more threatening. I advised him to send me details in writing. and that i would not deal with him. He said that he had this recorded and would send Bailiffs round. 1)I believe this to be a [problem] 2) Has anyone else had this type of Cold Phone Call 3) i dont believe that these companies who we have got agreements to pay back would "club" together to make a complaint. Any suggestions would be gratefully received

'The (mill) wheels... grind slow, but they grind exceeding small.' I noticed the thread HFO/OFT Minded to Revoke thread had its last post eight months ago, so I'm putting this in a new thread - I hope admin will move it if they see fit. With help from many CAGgers, specifically DonkeyB (good luck in the Rugby World Cup:oops:) we were part of a process that ended in a thorough, days' long interview with the OFT to do with being hounded by HFO using draconian and humiliating practices on a debt we didn't owe them. We were asked but due to ill health were unable to be witnesses. It gives me great pleasure to share the mucho satisfactory letter received today: ~~~~~~~~~~~~~~~~~~~ Dear Sir/Madam HFO Services Limited, Roxburghe (UK) Limited, HFO Capital Limited and Alasdair Turnbull ('The Appellants') v The Financial Conduct Authority Further to our recent correspondence, I write to update you on developments in the above proceedings. Following settlement discussions, the Appellants have agreed to exit the consumer credit market and to write off any outstanding consumer credit debts which they own. The FCA has agreed to the quashing of the determination made by the Office of Trading on 27 January 2014. It follows that the Tribunal proceedings have concluded and therefore there will not be a Tribunal hearing in this atter. A statement reflecting this outcome will be published on our website soon. We are grateful to you for all your assistance in this matter. ============================================ Alice in Limboland! It couldn't happen to a nicer bloke. Thank you again for all your help.

Hi Please can someone help.. I entered a payment plan with Andrew James Enforcement last year. I made all payments as agreed until the debt for parking fines was paid off. I recently got sent back to them on missing a payment with my council. to find they are now chasing me and have sent a removal warning \(even though they have never been inside my house) for the debt that has been paid in full. when challenged they state they have never received a payment even though £300 was paid at the point of the payment plan being put in place by the council. I have challenged them on this and have written a letter expressing my concern even included my bank statements to show all payments made during . they responded after 3 chases from me and the execution of their removal notice being sent in the post saying they disagree and refer to the original warrant that remains unpaid and they are unable to access any archived account. Surely this is mismanagement of accounts and they must be accountable. I can prove the monies paid in fact I over paid on the account. I am un clear on how to proceed. I don't really have the cash to employ a solicitor but unless I can get some advice I may have to and have every intension of persuing this until resolved. My nerves are on edge, my daughter is disabled and I also have a physical disability. Please Please Can anybody help?

Good afternoon, Having just joined the site I wanted to introduce myself. I've just turned 35. Am married with 3 kids. This is important because I nearly lost them. I am a recovering compulsive gambler. This isn't seen as an illness to anybody except another compulsive gambler. My last bet was march 2014. I actively attend GA meetings to prevent relapse. Its taken me this long to rebuild trust in my family. My life is miles away from the despair it was in when I gambled, but I still have evidence of my problem in the form of a mountain of debt. Although I signed up to a dmp with stepchange in july 2014 my head is still firmly in the sand when it comes to finances. I have joined this site to gain control of my finances having gained some kind of control over my gambling. I haven't looked into reclaiming bank charges or PPI or anything so I guess that's where I'll start. thanks for listening, i'll keep you 'posted'

Hi all, Really looking for some help with some recent and out of the blue letters from Cabot Financial. In the last week I have received letters about 2 debts, I will cover both separately. Next Retail - Retail credit - £1200 I received a letter late last week or early this week dated 27th June, telling me I owed them money and to call them etc. I then received another letter today dated 4th July - basically saying they had decided they were going to take court action against me and seek a sheriffs court decree for the debt. Help what should/can I do. I haven't had any correspondence about these debts for years - I know they do not appear on my credit file with any of the agencies, I have checked all online recently, I cannot remember making any payments to them. Vanquis - £750 I also received a letter dated 1st July saying I owed them money from a Vanquis credit card, again similar to the above I have not had any correspondence from the for years and don't recall making any payments to them. However I am now worried I will have another letter in it's way shortly similar to the decree one above. I am currently unemployed after being made redundant and am only on job seekers and housing benefit, my wife works but is not on a significant income. These debts can from a 1st marriage which ended badly and I was left with all the debt, including a joint bank account overdraft, we also have a young child and really cannot afford to pay out anything more than we are already doing. Over the years I have managed to get my credit sorted out and have been rebuilding and a lot of my defaults will be dropping off my file in the next 12 months or so, I am now worried that if they take action I will be screwed again for another 6 years and it will seriously impede me getting another job as my background is in the financial services sector and these all carry out credit checks etc. Please can someone guide me on the correct steps to take and the quickest way to stop them taking any court action against me? Regards Bingo

Hey guys, little bit of advice would be great, I have not banked with co op for around 5 years they have teamed up with link financial to try and get £97 pounds from me, for charges to my old account, there was not any money in my bank account to make a payment to another company so Co op are now 5 years later trying to get it back, plus they sent the letter to my mums address which I have not lived at for nearly around 5 years, should I just ignore it?

Hi Everyone, First of all would like to thank all the brilliant people in this site who have helped lot of people beat the Debt Collection Agencies tactis which are threating and stressful. At the moment i am going thru the same level of stress and anxiety. I recieved a Small Claim Summons from Edinburgh Sheriff court Form 1a, this was from Optima Legal on behalf of Cabot financial uk ltd, which related to a debt with Vanquis bank credit card. The copies attached. As you might all be aware the process in scotland is different, the reason for this new post is to share my experience with others in scotland as there are not many threads here relating to scotland. I have started of with three letters in a span of three days to the solicitor and to Cabot but had no response from them till now, and should be sending and estoppel and section 10 notice soon to follow. In scotland CPR 31 is not valid and we have to apply for an incidental application to the sheriff for such documents, i have been to the court and was told to first submit my repsonse and then i can make an application for the incidental application for such documents, which i shall be doing now. As this is new for me i was wondering if i could get more help on this below is the draft for my incidental application, if you good people can comment which would help that would be great, i have made comments in bold where i want further help so if you guys can help that would be great. ******************************************************** Dear Sir/Madam: I hereby make a formal request under ACT OF SEDERUNT (SMALL CLAIM RULES) 2002 NO. 133 CHAPTER 17: Recovery of documents and attendance of witnesses, for the following Documents: 1) The agreement. You will appreciate that in an ordinary case, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. ****SHOULD I BE ATTACHING THE £1 FEE TO THIS APPLICATION AND QUOTE THE SECTION IN THIS PART**** 2) The Deed of Assignment ****WHAT LAW AND CASE POINT WOULD BE BEST TO QUOTE HERE FOR DEED OF ASSIGNMENT***** 3) The Deed of Novation ****IS THIS VALID REQUEST FOR DEED OF NOVATION WHAT LAW AND CASEPOINT CAN I QUOTE***** 3) The Notice of Assignment and proof of service of said Assignment Notice ****I KNOW THIS RELATES TO LAND AND PROPERTY ACT IS THIS VALID IN SCOTLAND***** 4) The Default warning letter 5) Default Notice and proof of service of said Default Notice ****I KNOW THIS RELATES TO LAND AND PROPERTY ACT IS THIS VALID IN SCOTLAND***** 6) The Credit Card Agreement as mentioned in your particulars of Claim *****AM I ASKING FOR THE SAME DOCUMENT AS IN MY REQUEST 1 OR IS THIS DIFFERENT TO THE ABOVE******* I hereby request Sheriff Clerk to grant commission and diligence to recover the above listed documents from the pursuer. ********************************************************************* PLEASE REMEMBER GUYS I HAVE TO BE PHYSICALLY PRESENT IN FRONT OF SHERIFF SO THAT I CAN DEFEND MY REQUEST PROPERLY SO THE MORE INFORMATION THE BETTER PREPARED I AM SO PLEASE HELP. Hope to hear from you guys soon Thanks for your reply the documents in pdf

These guys were calling me 17 times a day on mobile or landline and really aggressive. Debt owed was £1900 they added huge % and penalties so now £3100. Opened Sept 1996. I foolishly sent cheque for £1 with CCA which I am 99% sure they copied my signature to a Credit agreement,where theyactually spelt my name wrong so I know I didn't sign it. They sent my account to Drydensfairfax who wrote several letters threatening court action etc but have gone very quiet since Feb this year-waiting for next move. I replied to Drydens saying they had not returned a CCA and was therefore unenforceable, heard nothing since. No statements,no calls nothing-eery- I CCA'd them in Jan 2014-they sent several attemptsat reconstrued CCA type A3 blank credit agreements-which had nothing,no details on them....their % was 26.5% . Stupid me to have got in this mess but I had quite a nice business then a creditor liquidated owing me huge monies and I lost everything-tried to survive for a while using CCards to support myself and pay debts with each of them -made it worse.hey ho such is life.All ok have my health,my family and it's summer at last

Sent a CCA request to Cabot 6/6/15 Signed for and received 8/6/15 Reply received today and I have attached an edited copy. They mention that information will be provided in 40 days. If details are not provided by 23/6/15 will it still therefore be unenforceable ? Cabot bought the account from Equidebt in 2013. I have never received any form of annual statements from anyone including the OC. I have only been advised of the debt balance so therefore have they failed to comply with FCA handbook CONC 13.1.5 ?

Hello Everyone, I hope this has gone in the right thread Im really hoping for some great advice here, - Although i'm confident i will receive it, Im writing on behalf of my sister. Here is some background information which will help picture our crisis. My sister is 27, a qualified staff nurse, caring, loving and kind.She has fibromyalgia a chronic widespread musculoskeletal pain and fatigue disorder When she first started nursing she was put on HDU a high dependency ward, A highly stressful ward when first qualified. In time my sister became depressed and was put on anti-depressants, But also moved wards to somewhere she was happier.She was on these for 5 years, In between this she had a long term boyfriend, Whom she loved very much and was her one and only boyfriend so never knew any different. He cheated on her 3 times She found out and left him, Then when she was at a low ebb he wore her down and begged for forgiveness, This went on for a year until she finally gave in. Whilst they had been apart he had found another girlfriend who became pregnant, My sister accepted the child and they were ok for around a year or so, Until she read through his emails and found out he had been messaging and meeting tran-sexuals. This obviously devastated her, she questioned his sexuality and couldnt understand what was wrong with her. She had to go for all the sexual health tests, saying thats she felt dirty and that no one would ever want a relationship with her again as he had passed herepes on to her. In November 2014 she was signed off sick due to the fibromyalgia and trauma she had just suffered. She was put on Sertraline antidepressants. as well as this she was also take Amitriptyline, for pain( but is also used as an antidepressant) Zopiclone as she had trouble sleeping, gabapentin a painkiller used for the nervous system, and Diazepam. 2 months ago she came out in an angry rash on her face, She went up to A and E with my mum, Whilst waiting to be seen she fainted, and banged her head that hard she was knocked unconcious. Her mental state has since got gradually worse and we now have the crisis team coming out regular with a physiatrist who has now diagnosed her with hypomania, and was very close to being sectioned if it hadnt have been that my parents are both at home every day. Her mood fluctuates between aggressive, emotinal and manic, She often wanders off without telling anyone and is a danger to herself, She is very confused and cannot be left alone. You cannot have a conversation with her because they are so random you cannot make head nor tail of them. She is still off work now and it has been 7 months. She is too poorly to go back to work but The hospital are pushing and pushing and now has a final meeting on the 22nd june for a final outcome as to what it to happen, My parents have not told my sister this yet, but she wouldnt be well enough to attend this anyway. Her sick pay has now reduced to £81 a week and she cannot afford to live. She has a large amount of outgoings that need to be paid for, She is still living at home with my parents but they are both self employed with very little income coming in to this house. My parents outgoings are around £1,200 a month and my sisters the same. Here are my sisters outgoings Credit card with Barclaycard £160 a month-* Due at the end of June Credit card with Halifax - £130 a month Overdue by 2 weeks car finance payment £110 ( Due the next fortnight, Taken over 4 years with Black horse. 1 year owned. Gap insurance for the car and service plans £60 due around the next fortnight Phone bill 02 £40 month RCN ( royal college of nursing payment ) £20 monthly Due in the next fortnight Tesco bank Loan £300 Due in the next fortnight Halifax bank Loan £300 Due in the next fortnight Overdraft £1,200 Santander So in a nutshell If you could help with the below questions i would be so grateful, As i really want to help my parents and sister but im not sure where to start. 1: What rights does my sister have with regards to her job as a nurse? Can the NHS sack her? 2: What can be done about the incurring payments due to be paid with credit cards, loans, finance etc can be done? I really appreciate your time taking to read this and any help would be so gratefully received. If i have missed any information out that would be needed please ask.

Hi, My husband and I have been on a debt management plan for 9 years know. During this time we have done regular reviews and our repayments to creditors have gone up as well as down depending on our circumstances. Various debts have now been sold on to debt collection agencies, one agency who currently has 3 of my debts is cabot financial. After a recent review with payplan our repayment has unfortunately gone down temporarily. Cabot financial have been ringing me constantly since. I eventually spoke to them on Friday and they said it was because i wasn't meeting the contractual amount on my Barclaycard account so it was now in a pre-default state. They recommended i ring Barclaycard and inform them of my situation which I did only to be told by Barclaycard that they sold the debt to Cabot so it is no longer anything to do with them. I rang Cabot back who then started saying if I don't meet the "contractual amount" each month then my account would default. I asked why the contractuall amount couldn't just be changed and all he kept saying was that they couldn't and that they have a legal obligation to update my credit file, he also kept talking about "they" implying it was Barclaycard that set the rules and nothing to do with Cabot. when I asked who he was refering to when he spoke about "they" he denied saying that and said he said "us". My query is, if during the 9 years of being on the debt management plan my payments have gone up and down, why hasn't this account defaulted before now? Can Cabot change this "contractual amount" and could any one give me advise on trying to find out when this contractual amount was set please and if it can or can't be changed legally? Thankyou in anticipation

Long story short, I I defaulted on a catalogue debt in 2010. I was in a bad place mental health wise. I'm in no way trying to use that as an excuse. And I've just got a court letter saying Cabot are taking me to court and will get a CCJ against me. I've been working hard to improve my credit over the last two years and admit I should have sorted this out but I've been ignoring it. I went online to acknowledge the case. But I've sold a few things and will be able to pay the debt in full by this Friday. Will this prevent a CCJ being logged against me? I'm lost here because this is the first time this has ever happened to me. But I don't want a CCJ on my credit file.

Hi I received a claim form this morning and was looking for advice on the best way to follow this up. Heres the details Claimant Cabot Financial UK Limited Date of issue – 04 June 2015 What is the claim for – 1.Defendant entered into a credit agreement described by the original creditor as CITIFINANCIAL-CREDIT CARD and having account number ********** 2. The claimant, a uk limited company with company number 3757424, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the Account. 3. The defendant is indebted to the claimant in respect of the account in the sum of ***** 4. The Claimant claims the said sum of ****, plus costs. What is the value of the claim? £2500 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? credit card When did you enter into the original agreement before or after 2007? 2001 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? I may have many years ago. Did you receive a Default Notice from the original creditor? Unknown Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Became unemployed in sept 2006 What was the date of your last payment? Unknown Was there a dispute with the original creditor that remains unresolved? No. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Most likely at the time. Sorry I do not have exact details or paperwork this is a very very old debt.

I got a ccj form last week for a debt i owe since 2007. The details are as follows:- 1, the defendant entered into an agreement described by original creditors as Citifinancial credit card and having account no xxxxxxxx. 2, The claimant, a uk limited company is assigned and legal owner of the right previously by the original creditor in respect of the account. 3,The defendant is indebted to the claimant in respect of the acct in sum of £3000. 4, The claimant claim thesaid sum of £3000 plus costs. The claimant is Cabot financial UK and the ccj form was sent from County court business centre, Northampton. The last time i made payment to citi credit card was in Nov 2007. I have never responded to any letter from either Citi or any debt collectors. I am thinking this is a case of limitation Act 1980 which i would want to state in my defence. I haven't returned the acknowledgement of service form yet. Please i need help on how to go about it. Thank you MJ

Hello everyone, Thanks for all your help in advance! To cut a long story short, my partner is already paying a debt to Bryan Carter to avoid a CCJ as we didn't receive the claim form till the very last day of judgement. But now they're literally chasing him for two other debts (one in dispute, already submitted SARS to Lloyds) but this 'new' one that he has no knowledge of and it's not even on his credit file. He contacted Lowells 2 months ago to state that he has no knowledge of the debt and they also checked his credit file while he was on the phone and the advisor confirmed that there is no record of the HFC bank debt on his file; so advised they will get a copy of the signed agreement. Last month received a letter confirming that they're still awaiting a copy of the agreement and it make take a while, thanks for your patience etc. On Friday received a letter dated 12th May 2015, stating; "As requested, we enclose documentation from your original creditor. We trust that this now answers your query and look forward to receiving your affordable repayment proposals." However, the document they have attached is literally what looks like a photo copy of a bank statement from HSBC; Confirming his address, about your credit agreement etc and about your transactions. I can attach a copy if you need? They're literally stressing me out as clearly this does not answer ANYTHING! Just wondering what my next step should be, as I'm worried they will just issue proceedings and after speaking to National debtline the advisor told me that they don't need to provide a copy of the agreement as a Judge may take favour upon a statement!? And that maybe I should consider sending them a letter called 'complaining to debt companies that you do not owe the debt" So yes, any help would be massively appreciated. Thanks

Put a £800 claim in for charges back from Nat West for vulnerable adult who is in hardship Nat West refunded £500 went to the Ombudsman who got them to agree to refund the other £300. The £500 was refunded to the account but since then relative had to close the account due to Nat West closing where they live. Relative got a charge for closing the account they refunded this by cheque. Ombudsman told relative to let them know if the £300 was not refunded by last week it has been refunded but paid to the closed Nat West account to go towards the overdraft still wing on this account. Complained to Ombudsman and this is there response. "The settlement amount was in respect of interest that was applied to the account. As there is still an outstanding balance and therefore the interest amount was never paid the refund of interest will credit directly to the account" Told them relative in hardship and that is the reason the request was made to Nat West and relative was led to believe this £300 was to be received by cheque. In what way does relative benefit by it just coming off an overdraft that is in a closed account.

Hi! I'm new here so please bare with me! I've had an ongoing issue with NPower which has escalated to such a stressful level I am now on antidepressants. After 4 years of NPower producing incorrect bills I finally switched energy companies In 2012. There was an arrears of £500 on the account and after 3 months of waiting for a final bill NPower said I owed £795 which I queried for about 5 months before they settled on £745 which I continued to dispute until April 2014 when I had just had enough because I couldn't find anyone to help me dispute this on top of being unemployed. after months of explaining I could not afford to pay this amount immediately I was bullied into arranging an unaffordable payment arrangement of £20/month. At the time I had a monthly deficit of £550 so this just wasn't at all affordable and I struggled to meet these payments but always communicated when I was able to meet the payment. I did however pay more than the agreed when I could and by January 2014 the outstanding amount was £500. Even after discussing this with NPower they still found it necessary to instruct their solicitors Wilkin Chapman LLP to issue court proceedings if I was unable to pay the full sum within 14 days. Again I explained my situation with Wilkin Chapman and produced a full income and expenditure document showing my deficit. There was no question of a doubt that they were fully aware of my circumstances. I made a token payment of £50 leaving a remaining total of £450 and was bullied into making a payment arrangement of £20/Month as they said their client (NPower) would not accept anything lower than this and would follow through with court proceedings if this was not paid. In March 2015 I advised Wilkin Chapman that I would not be able to meet my payment arrangement for that 6/8 weeks due to family bereavement and the fact that my invoices from work had not been paid. This they now claim to have no reference of. Wilkin Chapman followed with Court proceedings in April; and as soon I received the court documents I called and made an offer to pay something to avoid court action but they refused payment and advised that in order to stop court proceedings I would have to pay a total of £538. I was unable to pay this so believed my only option was to return the admission form back to them. I both emailed and posted the forms back to Wilkin Chapman on Friday 1st May and have receipt of both being delivered and signed for on Tuesday 5th May. On Saturday 15th May I received a CCJ (Default due to non response) from the Court asking for an immediate payment of £668.65 forthwith. Wilkin Chapman had failed to forward my admission form to the courts which resulted in this default. Wilkin Chapman have explained that their client (Npower) had advised them not to return the documents to the court. However, The Court have stated that the solicitors should have sent my admission form back to the court and allowed them to come to a decision if one could not be made by the claimant. Wilkin Chapman LLP have now asked me to forward a sum of £693.21 to be paid immediately. Although the original debt was for £450, with the interest added brought it to £538 and court costs total £130 bringing the forthwith sum to £668. NPower customer service team have advised that Npower have sided with their solicitors behaviour and accept that they may have acted illegitimately forcing me into further financial hardship. NPower have refused to accept a sum of £668.65 to clear my debt (my neighbours have rallied together and offered £500 towards the debt) and to add insult to injury ended the phone call with "if you fail to repay the amount of £693.21 we will proceed with collection measures." I just don't know what to do now! The courts have advised that they can remove the CCJ from my credit file if I pay £668 by 10th June 2015 but NPower and Wilkin Chapman LLP have refused to take this amount and want all their legal costs paid on top of the forthwith total on the CCJ.