Is this for real?

Claim for £34k

Nemesis stock responseOK, so we know Nemesis is not the sharpest tool in the box, we also know he doesn’t bother reading threads and just copies and pastes his stock, boilerplate responses in order to clock up as many posts as he can, we also know the Beagles like that approach because they go for quantity over quality. Yes, we know all that yet it’s hard to believe they leave it all in the hands of someone who pays so little attention to the threads where he dishes out his advice.

Has anybody checked the amount?

Here we have a poster who has said he’s received a claim for £34,024.16. He’s given a very accurate figure, right down to the penny. There may be a typo somewhere, since CapOne credit cards don’t usually have such high credit limits, in fact, it’s unusual for any credit card to have such high limits.

Costs anyone?

The OP has also said the debt is statute barred, despite the particulars of claim indicating an agreement entered into on or around February 2010. Nemesis has picked up on that one, however, there’s been no mention of the amount. I’d want to make sure we have the amount right to start with, is it really £34k? If it is, then this poster’s in a real pickle, because the agreement is from 2010, so not likely to be irredeemably unenforceable, and CapOne should have no trouble producing a copy. A claim for that amount would be allocated to the multi track where costs are routinely awarded against the losing party. This is something that should always be mentioned, yet it never is, and it’s most irresponsible of the Beagles to leave it all in Nemesis most incapable hands as we have seen here.

Arrogance and laziness

Note his air of importance where he says he’ll be away till 4:30, making it sound like he’s running his own practice or something. Doesn’t it occur to him that maybe, just maybe, someone else may be able to help? After all, it’s a site with 70,000 members! Having said that, most of those who could have helped, have been banned!

Also note how he says “There’s a template for this in the forum library”. A new poster wouldn’t know the forum library from Adam! Nemesis must suffer from some kind of disability that prevents him from posting links, I don’t think I’ve ever seen him post one. The disability in question is called laziness, and I don’t think it’s a protected characteristic under the Equality Act 2010 so I guess I’m free to talk about it.

Do we think the same disability is responsible for him not having spotted the amount quoted? Maybe, or it could be a different disability altogether. In any case, he’s neglected to ask the most important question and to mention the costs potential.

Something doesn’t add up

I have to say the post does look a bit fishy, the amount quoted right down to the penny, yet way too high for a CapOne card, the mention of statute barred and an account opened just six years ago. If it was a loan, it’s possible no payments were ever made, yet it still wouldn’t be statute barred when the claim was issued, but there’s no way to have racked up over £34k on a credit card that quickly. Things don’t add up, perhaps this is one of them spoof posts mentioned here. Even if it is, it’s the “advisor’s” duty to try and get to the bottom of it and to cover all basis.

 

 

 

16 Comments

  1. BillK says:

    Blimey – that sure does look odd. So it appears that this guy opened a CapOne credit card account exactly 6 years ago, then managed to rack up £34K immediately, and then hasn’t paid a penny since? And nobody has queried this ?
    So, presumably CapOne sent statements & demands which were ignored, and then presumably a string of DCA’s were similarly ignored, and then Cabot finally got hold of it. And in all that time, not one claim was issued ?

    And then Cabot finally issue a claim just on the SB deadline ? Yes, it does all seem unreal, doesn’t it ?

    OK – so he’s been given the basics on what to get in order to defend himself – but unless he really is lucky and managed to ‘sting’ CapOne for £34K in one hit, AND not make a single repayment, AND not receive a claim in all those 6 years – then I’m not sure he is gonna see that claim dismissed as easily as he thinks. And OK., so Nem has spotted the agreement date and added up the years.

    But the credibility of the OP’s dates and figures is indeed doubtful, and this should have been questioned in greater detail. Nem with his 40-odd years of experience should know that the first things that needs to be established are the facts, because if these are wrong, then everything else after that is a waste of everybody’s time, effort and money. Accepting a credit card claim of £34K as a fact without question is in itself negligent to say the least.

    But having done so, and then carried on mechanically advising on the next steps in defending a NORMAL credit card claim is indeed compounding the negligence. This claim is decidedly dodgy for a number of reasons, and blindly advocating any defence against it without even mentioning the risk of costs – let alone attempting to ascertain that risk – is just horrendous IMHO.

    OK – in fairness to the old dodderer, he hasn’t actually suggested defending this yet, and has simply given stock replies to gathering preliminary data prior to filing a defence – but I think the “Oh, by the way…” query about the inception date should have been more like “Before we go any further, we need to get some facts properly nailed down – otherwise we could be wasting OUR time and YOUR money.”

    “I’ll be back…”

    • Legaleaglet says:

      Finally they’ve started asking questions, which they should have done to start with. I agree, Bill, if you don’t get all the facts from the start, it’s all a waste of time. If a claim is for more than £10k, there’s the distinct possibility of costs awarded against them, a fact that’s routinely left out from the responses given on LB.

      This clearly shows what happens when you leave it all up to people like Nemesis. There are times when people just need someone to talk to and a bit of guidance without having to be too inquisitive into the OP’s circumstances. Court claims isn’t one of those times. If you are to succeed in court, you need to get ALL the facts. It’s significant that, despite being online an posting, Nemesis hasn’t been back on that thread. That’s so typical of his MO, when he’s been caught out being negligent or inefficient, he just moves on.

      It’s quite clear that he copies and pastes the text from somewhere else because of the way it appear on the screen. If you look at the other posts on the thread, the text within each paragraph stretches horizontally to fill all the available space before wrapping to the next line. Looking at Nemesis’ post, his text has hard returns (line breaks) which are a tell-tale sign that it was copied over from somewhere else. That’s how he manages to respond to every post, by copying over the text he already has on file, often without even reading the thread in full.

  2. revenge says:

    I just think the whole thread is far fetched, when has Cap One ever given £34k in one go.

    • Legaleaglet says:

      Those were my thoughts exactly, that’s why I wondered why they didn’t query that to start with. They’ve also merged two threads into one now, one related to an MBNA card and the claim was from CapOne so that sounds like it was the wrong thing to do. No-one other than Noah seems to have picked up on the fact that there’s two separate credit cards being mentioned on there. Sharon doesn’t seem to have picked up on that one on post 10 where she asked questions and even quoted the OP, yet she doesn’t notice she’s quoting bits that relate to two different cards.

  3. BillK says:

    Copy+pasting is a good time-saver, and I have used it occasionally – but certainly not to the extent that Nem seems to – and he clearly does it without any real thought for the claim context. Yep, he’s done another runner – “be back at 1630hrs” my @r$e – that man’s gone AWOL again – damned shell-shock…!

    Meanwhile, back at the Keystone Cops Academy, the current LB Community Police Constable Arbuckle – has managed to make matters worse by merging two unrelated threads together. Not that Nem would ever notice, though – so no harm done there then, eh ? And lo and behold she spots the very same points we highlighted here in the previous couple of posts – what an example of divine inspiration – No $h1t, Sherlock !!!

    I think the only intelligent post in there that hasn’t been lifted from somewhere else is Mike’s post – Eureka !!! (Pardon my Greek.) But are we stupid or what ? We’re now even doing their work for them in here – and we know we won’t be thanked for it this time !!!

    • Legaleaglet says:

      Indeed, she merged the threads because things seemed confused, now they are even more confused! Mike did spot the potential typo but Noah is the only one who noticed there were two credit cards being mentioned on there. I don’t recall that being the case last night so that means they managed to make matters worse by merging two unrelated threads. Their Nemesis realised the error of his ways and never went back because he is the type who would rather be shot by a firing squad than admit his mistakes. There used to be people on there who could have unravelled all that rather quickly but they are now featured in our Ban Club.

  4. BillK says:

    My eye was drawn to Nem’s lengthy bold red signatute, and I notice he at least discourages advice via PM these days – which means his errors are more easily seen and (possibly) corrected.
    He has a couple of Latin mottoes, so I guess he likes to be seen as a scholar. One that I used to use in my siggie is “Qui scripsit in linguae mortui ascenditur mea naris,” which (roughly) means “Those who write in dead languages get up my nose.”
    But – soldiering on, the first motto, “Nemo Mortalium Omnibus Horis Sapit” means “No Mortal is Wise at All Times” – which is a bit of an overstatement methinks. “To be wise on a few occasions would be good” seems more apt – but Abe Lincoln’s “You can fool SOME of the people ALL the time…” would seem a better fit in his current capacity as “SuperAdvisor.” It is in fact the motto of the “Buff’s” – the Royal Antediluvian Order of Buffaloes” – which is generally seen as the poor man’s Freemasons.
    The second motto, “Anime et Fide” means “With Resolution and Fidelity” – and is the motto of the British Army’s Adjutant General’s Corps. This is the administrative section of the service that deals with such clerical matters as pay, supplies, accounts, legalities, etc., and is clearly where Nem honed his dubious legal skills as a barrack-room lawyer. Over his many years of service the legendary Capt. Nemo would have been seen on the front line fearlessly commanding a fully-armed Chieftan desk, launching ink pellets and paper planes at such deadly adversaries as the Bosch Katering Korps – who it is said could desiccate an entire regiment with a hail of schnitzel, strudel and bratwurst.

    I wouldn’t be surprised if Arthur Lowe’s potrayal of “Dad’s Army’s” Capt. Mainwaring was modelled upon such pompous yet ineffective characters as Nem. But – ssssssshhh…..don’t tell him !

    • Legaleaglet says:

      Once more, Bill, you are spot on! Your talents were most definitely wasted on LB, you are such a good writer, this can’t be your only blog, you should be writing about history, literature, and a variety of other topics and getting paid for it!

      I recall seeing a thread where Nemesis was required to post up what he’d sent by PM, it was one of his infamous letters and it was a bit of a mash-up of various things that didn’t hang well together and landed the OP in a bit of hot water.

      Including all those Latin mottoes is just pretentious, no doubt intended to give the impression that he is a “Wise Man”, however, one only has to read one of his posts to see that’s not the case. Leaving his “knowledge” of legal stuff to one side, his posts do not portray a cultured person with a penchant for literature, making the pompous red signature a waste of space. In fact, most of his posts are a waste of space since they are just stock questions and answers that could just be posted once and linked to or quoted every time they are relevant. Adding “Good morning/afternoon” to his posts does not disguise the fact they are boilerplate text, just like adding freshly grated cheese to a frozen pizza does not disguise the fact it was not home made.

      It’s rather worrying to see him refer to all that private debt advice being given by someone who appears to be neither FCA authorised nor clued up.

  5. Interested Party says:

    Anyone can post up a Latin Motto, or a statement from someone like Professor Brian Cox, the secret is actually understanding what it means or of course having to ask Professor Cox himself therefore making yourself look a fool.

  6. BillK says:

    You’re very kind (at least to me) LB – but it’s that kind of drivel that gets me banned, I reckon. Peeps who are so far ‘up themselves’ just can’t take a bit of light-hearted criticism. But my only other ‘outlet’ is of course the small reclaim forum I run, where I do try and behave a tad more formally – when I remember – so it is good to have this place to have a bit of a wheeze and let off a bit of steam – and hot air !!!

    As IP implies, anyone can post up someone else’s wisdom and claim it as their own, and about the only piece I ever used in my sig that wasn’t nicked was my ‘dead languages motto. I took Latin at skool, but failed the exams ‘cos it was all Greek to me – but you can Google anyfink these days and make it look like you know about it.

    In fairness, I don’t think Kate pretends to understand her quantum physics sig – it is more of a reminder to us all that she personally enjoyed a bit of Cox once, when he came her way and whispered sweet ‘next-to-nothings’ in her shell-like. Something clever from Dara O’Briain would have been more entertaining, but having already kissed the Blarney Stone herself, she had nothing more to gain by kissing a leprechaun – knowing that their fabled crock of gold was actually an overfilled chamber-pot.

  7. Dignity says:

    Why does everyone here miss the fact that £34k would include interest and other possible charges?

    If the interest rate on card was over 20% and the credit limit £10k the figure wouldn’t be far off.

    Ok, still unlikely as credit limits of £10k were rare after the credit crunch.

    • Legaleaglet says:

      Even with interest and charges, a card balance is unlikely to grow that much. Once it’s defaulted, interest and charges would stop being applied. CapOne cards didn’t usually have very high limits. The main point here was that they should have started by asking the OP if the figure was correct to start with. As Mike said, it could have been a typo and the amount would be £4k which is more within the usual limits. If the amount was £4k it would be allocated to small claims where costs are not normally awarded, so that wouldn’t be much of an issue (save for exceptional circumstances).

      It was a question of getting the facts before giving advice that may not be appropriate to the circumstances. Something Nemesis is not well known for.

  8. grimreaper says:

    All I could suggest is that anyone and everyone should totally ignore what Nemesis says. One of my last forays sometime ago on LB led me to tell the OP about the trespass issues of door knockers and the implications of English Common Law. I was immediately totally deride by that clown and Kati and even when i quoted directly from a letter I hold from one the now largest consumer law practices (defenders) in the country I then derided with all that “Freeman on the Land” stuff. Nemesis and Kati are a disgrace and their advice must have led many a Full and Final settlement the WRONG way and led to the defendant being pursued for outstanding balances. They were and are so ignorant it beggars belief. They did not even know that F & F fell outside the Consumer Credit Act. Pitiful and dangerous.I did do a write up that Flaming Parrot always referred to on F & F. And I can now confirm that it was correct and we won hands down in the end on the overriding over arching case law ion the Court of Appeal. They all backed down and slithered beneath their wet stones. The really sad thing is that in a number private spats Sharon Coleman backed him up despite all the evidence that he is a complete waste of space endangering the finances of members over there as he did on CAG. Can’t be bothered with stuff like that, I have bigger and better battles to fight.

    • Flaming Parrot says:

      Yes, I always linked to those posts regarding F&Fs that covered all areas and encouraged people to make sure their F&Fs were watertight. I also often referred to my own experience with AK many years ago, when I made a card payment over the phone in response to one of them DCA discount offer letters, only to be chased for the balance for years to come. Despite having done what I thought was a F&F settlement, I kept receiving letters for the next six years or so, demanding payment of the balance that was supposed to have been written off.

      Nemesis would just post up a very generic letter and accuse me of interfering, complicating matters, having an ego-trip or whatever. Looking through the threads, it was clear he said a lot more by PM, presumably telling posters all about his “experience” as a debt advisor versus my being just an amateur who liked to show off. Not being able to read PMs, this is just an assumption, but one based on his constant references to PMs on various threads. Can anyone guess WHO got banned for sending PMs? Clue: it wasn’t HIM!

      • Legaleaglet says:

        He had his PM facility removed on CAG for a reason. Maybe the Beagles have finally seen the light and done the same, I’ve not seen any of his”replying to PM” references lately. Or he may just have been told not to post that up any more.

  9. Legaleaglet says:

    It’s been two weeks since the OP last posted, doesn’t look like he’s been back to clarify whether he’s got a claim for £34k or just £4k or what, or whether it was an MBNA or a CapOne card or both. It’s not clear whether he even completed the AoS or not. Maybe he decided to go to LB Compare instead and find a solicitor instead of relying on the forum. If his claim really is for £34k, then that’s the best thing he could do.

    What a shame we can’t contact sad to ask him what he’s decided, or at least warn him that his time will run out soon if he doesn’t file a defence.

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