Help Would Be Much Appreciated

[oconelec]

Re: Help Would Be Much Appreciated

Ah, so if they do some how produce documentation stating i opened an account with Halifax on x date blah blah blah & it did not have any mention of Bank1one in their supposed agreement then this could be refuted by all accounts?.

[mystery1]

Re: Help Would Be Much Appreciated

Of course. If they haven't got the details correct then they'd be in trouble.

The problem YOU have is that the "record" hasn't been produced or the 14 days to amend allowed so it doesn't have any of this in it.

The "record" is the script so to speak. It should reflect what they claim and your defence so that anyone can read it and know what the dispute is about. I think you need to ask for a continuance to get it in better shape. Probably 1 month and then we can work on it.

M1

[oconelec]

Re: Help Would Be Much Appreciated

From reading the wording in their Condesendence, they make claim that i entered into a credit agreement with Halifax on 1st June 2000, but i did not, i opened the account with Bank1one, so is their claim good to stand.

I have statements from Bank1one dated 20th June 2000.

[mystery1]

Re: Help Would Be Much Appreciated

From reading the wording in their Condesendence, they make claim that i entered into a credit agreement with Halifax on 1st June 2000, but i did not, i opened the account with Bank1one, so is their claim good to stand.

I have statements from Bank1one dated 20th June 2000.

Oops. Hahahaha.

Like i say we need to get the record to reflect this. Of course the s78 problem just got harder for them. Guard that statement with your life.

M1

[oconelec]

Re: Help Would Be Much Appreciated

Thank you mystery1. Your prolonged chat today helped me unearth the statement, to be honest i never thought i was an organised person, but i have every statement from every credit & bank account since 2000. I regard myself as a decent person & agree debts of mine should be paid, in fact the time of this spiraling debt to this card was a time in my life when (2) businesses due me money went bust & i chose to keep going rather than fold, i found myself getting more & more into credit card debt to stay afloat, i had amassed over £40,000 of debt but i have to date paid off over £35,000 over the years which im chuffed about, somehow this last one has slipped through the net.



mystery1...

I have actually now found statements from Bank1one from September 2000.

[oconelec]

Re: Help Would Be Much Appreciated

Oops. Hahahaha.

Like i say we need to get the record to reflect this. Of course the s78 problem just got harder for them. Guard that statement with your life.

M1

Good evening Mystery1.


Thank you for all your help yesterday. Today when i got home i had a letter from Cabot, looks like they are trying to supply paper work at this late time, they sent what they call a copy of the assignment notice when in all truth its just a welcome letter & a notification that they have now taken over my account & dated 19th January 2016, not a copy of the assignment notice i requested that they claim was sent when it occurred.

No copy of any agreement nor any mention to it either, no statement of account other than an outstanding figure & no other documents requested under the CCA request.

Myster1, when i appear at the options hearing on Thursday, how would you suggest i play this, if they have not produced an agreement what should i expect & how would you suggest i respond. I presume if they fail to produce documentation of an agreement of sorts that i keep stum about the Bank1one connection until or if they produce one with Halifax as the lender.

[mystery1]

Re: Help Would Be Much Appreciated

Thank you for all your help yesterday. Today when i got home i had a letter from Cabot, looks like they are trying to supply paper work at this late time, they sent what they call a copy of the assignment notice when in all truth its just a welcome letter & a notification that they have now taken over my account & dated 19th January 2016, not a copy of the assignment notice i requested that they claim was sent when it occurred.

There is no prescribed format and that sounds about right if any dates and figures are correct, of course.

No copy of any agreement nor any mention to it either, no statement of account other than an outstanding figure & no other documents requested under the CCA request.

Good.

if they have not produced an agreement what should i expect & how would you suggest i respond. I presume if they fail to produce documentation of an agreement of sorts that i keep stum about the Bank1one connection until or if they produce one with Halifax as the lender.

Probably as long as you don't have to lie !

Ask for another continuance as the record hasn't been produced and any amendments made. You may need to say they haven't produced a s78 reply here to ward off costs but need say no more than that makes the debt unenforceable ubder cca s78(6).

M1

[oconelec]

Re: Help Would Be Much Appreciated

Thanks mystery1 for the prompt reply.

Thanks for your patience dealing with someone with no legal or court experience. By all accounts the best i can hope for is a continuance, If by chance they can not come up with the agreement documentation when it continues, what would be the outcome.

Sean.

[mystery1]

Re: Help Would Be Much Appreciated

You win, you get costs and you probably get pissed.

M1

[oconelec]

Re: Help Would Be Much Appreciated

Hahaha, ..wishful thinking, cant remember the last time i had a good bucket... Mystey1, ..if i manage to get this continuance and require a bit of advise that you will not mind if i give you a shout.

[mystery1]

Re: Help Would Be Much Appreciated

Certainly not. I work 3 on 3 off so may not be around all the time. My next 3 start tomorrow which should enable you to work the rest out for yourself

M1

[oconelec]

Re: Help Would Be Much Appreciated

Thanks mystery1

[oconelec]

Re: Help Would Be Much Appreciated

Good evening mystery1.



As i had pointed out, i have the options hearing tomorrow morning at Aberdeen Sheriff Court, got in late from work tonight to find 2 letters from Optima Legal whom are representing Cabot Financial Tomorrow
opened the first one and it seems like the document that you mentioned (The Record) See attached, opened the second letter & found the attached letter stating that they are aware the options hearing it tw & that they advise me that they shall be asking the court to dismiss the case, is this what im thinking, are they dropping the claim.

[oconelec]

Re: Help Would Be Much Appreciated

Good afternoon mystery1.


I would just like to thank you for your help & support you freely gave me in connection with my options hearing with Cabot Financial. We had the Options Hearing this morning in Aberdeen Sheriff Court, Thoroughly delighted to let you know i think i have just beaten Cabot Financial in The Aberdeen Sheriff Court this morning in regards to an old Halifax Credit card debt for around £8,500.00. The Sheriff at this mornings Options hearing granted my motion to dismiss the case against me & with a decree of Absolvitor & expenses in my favor. Thank you everyone for your great help & understanding whilst helping a novice through the courts procedures. Very , very much appreciated.

Regards.

Sean.

[mystery1]

Re: Help Would Be Much Appreciated

Ha, only just spotted this. Well they are not going to appeal if they intended to drop the claim before the hearing.

You can safely get pished

M1