Mr

[jong]

I am in dispute with Cabot over an alleged debt. I sent a CCA request in August and eight weeks later received a photocopy of my credit agreement with Aqua, but no signed contract between myself and them, reminding the pursuer they were a third party interloper and I had no business with them I have asked repeatedly for proof of claim and so far they have failed to come up with any.. Also there was no Deed of Assignment supplied (they said I wasn't entitled to this as it was private between themselves and Aqual) and no statement of account either. I also referred to them to the Bills of Exchange Act 1882, reminding them a signature in such cases is essential to prove liability. They have now referred my account to a solicitor. I suspect it's a bluff to force payment, but either way your advice in this matter would be appreciated.

[Amethyst]

Firstly, stop reading Freeman of the Land stuff ... creditors can sell on debts and rights under agreements and the new owner can claim the debt from you due under the agreement.

Secondly, they have provided a copy of the original agreement following your CCA request - so if you can upload a redacted copy that would help.

Can you give a bit of background to the debt - when opened, when defaulted, approx amount of the debt. Any issues with the debt ?

Was the original agreement with NewDay Aqua or SAV Credit Aqua ?

Have you received a "letter of claim" from Mortimer Clarke with a reply form and income/expenditure sheet attached ? If not that will likely be next so you'll want to reply to that asking for info, if appropriate.

[jong]

I am in dispute with Cabot over an alleged debt. I sent a CCA request in August and eight weeks later received a photocopy of my credit agreement with Aqua, but no signed contract between myself and them, reminding the pursuer they were a third party interloper and I had no business with them I have asked repeatedly for proof of claim and so far they have failed to come up with any.. Also there was no Deed of Assignment supplied (they said I wasn't entitled to this as it was private between themselves and Aqual) and no statement of account either. I also referred to them to the Bills of Exchange Act 1882, reminding them a signature in such cases is essential to prove liability. They have now referred my account to a solicitor. I suspect it's a bluff to force payment, but either way your advice in this matter would be appreciated.

Thanks for that. What is a redacted copy? I defaulted on the debt with Aqua around February last year and was for £5200 who the original creditor. The account was opened in 2015. I haven't received a letter of claim so far from their solicitors, just an income and expenditure sheet which I returned blank.

[Amethyst]

Redacted = cover over your personal details

So there wasn't a reply form with the income/expenditure sheet - and the IE sheet you did receive cane direct from Cabot before they passed it to Mortimer Clarke ? Not sure why you'd return it blank though - did you send a covering letter with it ?

[jong]

Redacted = cover over your personal details

So there wasn't a reply form with the income/expenditure sheet - and the IE sheet you did receive cane direct from Cabot before they passed it to Mortimer Clarke ? Not sure why you'd return it blank though - did you send a covering letter with it ?

The income and expenditure sheet came direct from Nolans. I returned in blank as I have no intention of paying it and am disputing their claim.

[Amethyst]

Nolan's? Are you in Scotland?

[2222]

Firstly, stop reading Freeman of the Land stuff

The trouble with the Freeman stuff is that it doesn't matter whether it's correct in law, as the courts don't believe a word of it, and this case presumably will end up in just such a court. You can appeal, but the appeal will be heard by a court that, rightly or wrongly, thinks the Freeman stuff is baloney....

[Amethyst]

Rightly but that's a whole other discussion

[jong]

[QUOTE=jong;n14313
The income and expenditure sheet came direct from Nolans. I returned in blank as I have no intention of paying it and am disputing their claim.[/QUOTE]

Nolan's? Are you in Scotland?

yes i am

[Amethyst]

Okay, different procedures for court up there - so forget what I said about the letter of claim then.

Did Nolan's say they were instructed to issue a claim?

As this is so recent it is likely to be enforceable but let's have a look at the response to the CCA request.

[jong]

Nolans said they had been instructed to proceed with action if I didn't pay up, which I have consistently refused to do for the last 18 months. Not once have I acknowledged any debt to them and have made it clear I won't be paying. It doesn't seem right that they can pursue people without proof of claim.

[jong]

What is Freeman Stuff by the way? And if it's correct in law why won't a court adhere to it? What about consumers rights under the Bills of Exchange Act?

[MIKE770]

not correct blimey! theory not full fact. what is?????? you indicated it in your posting!

[MIKE770]

Freemen on the land - Wikipedia

https://en.wikipedia.org/wiki/Freemen_on_the_land


Freemen-on-the-land are a loose group of individuals who believe that they are bound by ... They believe that since the abolition of the gold standard, UK currency is backed not by gold but by the people (or the "legal fiction of their persons").
Beliefs · Contracts · Court cases · Advice to professionals Freemen of the land - In The Eyes Of The Law (UK Excluding ...

[jong]

what you on about?