cabot/restons/county court

Default notice was issued on 16 dec 2013 from tesco
who then passed to moorcroft ,who dissapeared after sending 3 letters
something i have noticed is cabot want £3,413.61
the debt on the default was for£4,804.49
payment to tesco hasn't been made from september 2013

Sorry what is a SAR? my mind as gone blank

Data Subect Access Request.

Here you go buddy:

https://goodf.forumotion.com/t370-subject-acess-request

Thank you Mrblue so i should send this to Tesco?
just trying to upload copy of agreement but my pad does as it pleases not what i want it to do

Just a quick one ,do you live in Scotland ? .Statute barred is only 5 years there.

Johnnyred wrote:Thank you Mrblue so i should send this to Tesco?
just trying to upload copy of agreement but my pad does as it pleases not what i want it to do

No problem! Yes to Tesco as they were the original creditor (OC).

no live in england

does it contain your signature in the box ?

SAR to tesco asap.

we need to ask a few questions of the claimant also.

did you have any PPI with this at all ?

no signature
do i need to pay £10 to Tesco?
not sure om ppi we've just a couple of weeks ago used a ppi claim company but no results yet

no you dont need to pay for a SAR

get rid of the claims management company immediately, do you have any statements that you can look back on ?

no signature ? that is quite interesting ?

when you first took out the credit card do you know what credit limit you were given ?

says on agreement credit limit is £5200.00
on agreement they have sent from my request there isn't any signature
on the statements that they sent with agreement i can't see anything about ppi.
will using claim management company affect her defence? or because of there take?

claims management companies are a waste of time in my opinion.

who sent the statements ? and do the statements show transactions and payments made ? are they proper statements or just DCA produced ?

i will bet the statements that have been sent are from AFTER the date of default and show no transactions.

says on the agreement £5200 but was it actually that, it also shows the date it was signed as 25/10/2008 but says on page 1 that it was received on 13/3/ 2009 some 5 months later !!??

dont believe what you receive to be genuine, forensic study is required.

I've got the statements sent from tesco from when we started the 3 letters and copies from cabot. There's one statement with a payment and the rest have late payment fees and interest but no payment from us

so they have only sent you statements from after you stopped paying basically showing no transactions how convenient.

just had a tesco one, the debtor was insistent that they had not had PPI sent a SAR and low and behold there were amounts added each month for PPI before they stopped paying. the amount owed to the customer is almost £1000 !! in PPI redress !!

a SAR should also show your credit limit on the early statements

So I send this to Tesco minus the bit about the £10 Fee?

Dear Sir/Madame


Under the Data Protection Act 1998 I request that you supply all data in your possession that relates to these requests and am entitled to under Section 7(1) of the Act.

If you store older records on microfiche, the Information Commissioner clearly states that you must send me this in fully legible and comprehensible form.

I hereby request the following information;

Data on any agreement and all documents referred to within it
Data on any unexecuted and/or executed document
Data on any unexecuted and/or executed deed
Data on any unexecuted and/or executed declarations
Data on any legal or equitable assignments and novations
Data on any securities, notes, debentures, bonds or loan stock
Data on any transfers of title, to who and why
Data on entries in charges registers, to who and why
Data in any trusts and/or trust instruments
Data transferred and disclosed to any SPV to who and why
Data in any format disclosed to a third party to who and why
Data in any sales day books/sheets
Data on any transactional reports
Data on any accountancy records
Data on any settlements and closures
Data on any thing in action
Data on any instrument by way of legal mortgage or by way of mortgage
Data in any form by a power of attorney, to who and why
Data on any default notices, court orders or pending legal action
Data on any terms and conditions and any amended terms and conditions
Data on all internal/external emails
Data on all internal/external letters
Data in all stored telephone calls

I also require any and all of my data not already listed above.

If you are unable to comply with any of the above listed requests, you must inform me of such and give your reason why you can not comply.

I enclose the maximum £10 statutory fee to access all the data that you hold about myself. You have 40 days in which to comply with this request as under The Data Protection Act 1988. Failure to comply with this request will result in a complaint to the Information Commissioner's Office.

If you need advice on dealing with this request, the Information Commissioner's Office can assist you and can be contacted on 0303 123 1113 or at http://www.ico.org.uk



Kind Regards

wow thats a hell of a list

it pretty much covers everything and more i think yes send it minus the £10

and remind them they have 1 calender month under current regulations

Should i put account number on SAR or just her name?
Thank you

i would include the a/c number, it speeds things up, they often write back and say they cant act on the SAR without the a/c number.

Hi
The Wife as been in hospital a few days but today she as picked up loads and can come home tomorrow which is great news,but also some more great news is Reston's have written to Her to say they are closing the file and sending it back to Cabot.
I don't know how could thank you for your help it realy does mean so much to us many many thanks.


Should we leave it at that now or should i write to Cabot?

Hi

that is good news, Restons are obviously not wanting to be a part of this any further.

However there is still an active claim with the courts, have you acknowledged service ? Cabot are the claimant, not restons, restons are only the acting solicitor who want no further part in it.

so for now we need to treat it as a live claim

ok thanks
i sent off the acknowledgment of service 9 days ago. sent sar to tesco a few days ago

good

in light of the fact that cabot are the only ones that can withdraw the claim and as yet havent we must treat it as a live claim.

so the next thing would be to submit a defence. looking back the deadline for submitting a defence is 25th march. they may withdraw the claim by then but i wouldnt take the risk.

ok so how do i go about defending the case in time?
should i get in touch with Cabot? similar leter as i did to Restons?

it wouldnt do any harm to write to cabot, but add to the cabot letter that they will no doubt be aware that restons have closed the file and will not be representing them.

you just need to write a defence and submit it to the court by the 25th march, we can all help with that.

Letter sent to Cabot.
What is our next step? How do we write a defence?