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    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
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BB v Cabot Appeal


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Just thought I would get this one going, as I am sure these lovely people will be contacting me shortly having just sent a request under the CCA for the executed agreement from a Providian CC opened in 2001.

 

This was then transfered to Monument and I fell on hard times and was then sold to Cabot early 2007 I think, since then I have been on an agreed payment plan which I have not defaulted on. Lets see what happens ??

 

BB

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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Hi all,

 

Got a reply to my request under s77 & s78 of CCA, I write as follows the main points of what the letter says:

 

Acknowledement of receipt of my request

" The Cabot Group is not obliged to provide this information"

They will request info from original lender

"Cabot Financial does not accept statutory fee" (they have returned it)

They anticipate they will get the info within 12 days

 

Ok so this is the best bit I have been paying a regular (nominal) amount for 13 months the balance has gone up by £900!!! (something very wrong here Cabot).

 

So we dont have to provide the info ? Hmmmm I think you do !!!

 

Request info from OC?? Hmmm you already own the debt ???? did you not get this when you paid your meger pittance for my now well overcharged alleged debt ????

 

I think I might have a fight on my hands with this one ???

 

My main point here is I think they should accept the Statutory fee so I will send it back with a nice letter. Anyone any thoughts on what this letter should contain.

 

BB

 

 

 

 

.

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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Don't send the money back! You have made a legal request and enclosed the statutory fee. Its a matter for them if they return it. But that does not take away the need for them to come up with the documents. They have accepted this request is valid and they are now "requesting them from their client". As you say somethign stinks if they buy a debt and have to go searching for paperwork.

 

So let them run out of time. After 12 working days they are in default. The calendar month after which it becomes a criminal offence to have let the matter run kicks in straight away. If by the end of the month they have still not complied send them a short note telling them as far as you are concerned the matter is closed and ask them to confirm that. Soon after check your credit files and if they have filed anything at all you are entitled to have it removed.

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"So let them run out of time. After 12 working days they are in default. The calendar month after which it becomes a criminal offence to have let the matter run kicks in straight away. If by the end of the month they have still not complied send them a short note telling them as far as you are concerned the matter is closed and ask them to confirm that. Soon after check your credit files and if they have filed anything at all you are entitled to have it removed".

 

Thanks Nailpost,

I think I will leave them to stew for a while, just as I have with several of my other CCA requests. I just get a bit over enthusiastic at times !!!!

 

BB

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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  • 2 weeks later...

Second letter today saying that the OC is "experiencing a delay in retreiving the information from its archives"

 

Further Cabot state "as a good will gesture we will place your account on hold until we receive further information from the OC".

 

The balance has been miraculalously reduced by the almost £900 without me saying a word about it!!! (do they really know what they are doing here)

If it was a typo in my original letter then I would suggest they need new staff PDQ.

 

Anyway the clock is ticking Cabot.

 

BB

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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Oh there's lots of goodwill down there in Cabot Towers, pity there's no brains :D

 

Just put a little line along the bottom of any letter you send them:-

 

 

"I've been introduced to the Cabot Fan Club on CAG" be nice to me - or you'll get the full treatment! " :D

 

 

Your in good hands now with NailPost et al..you're now amongst the experts on Cabot - your worries are over my friend!

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Oh there's lots of goodwill down there in Cabot Towers, pity there's no brains :D

 

Just put a little line along the bottom of any letter you send them:-

 

 

"I've been introduced to the Cabot Fan Club on CAG" be nice to me - or you'll get the full treatment! " :D

 

 

Your in good hands now with NailPost et al..you're now amongst the experts on Cabot - your worries are over my friend!

 

Thanks andrew1,

 

I would love to join the Cabot fan club in a big way, but had I known about CAG about 18 months earlier than I did I could probably have fought off a charging order for another debt that was passed to them, anybody ever heard of "Morley". Anyway I do have another thread for that.

 

BB

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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Thanks andrew1,

 

I would love to join the Cabot fan club in a big way, but had I known about CAG about 18 months earlier than I did I could probably have fought off a charging order for another debt that was passed to them, anybody ever heard of "Morley". Anyway I do have another thread for that.

 

BB

 

whooow boy - did you say you got a loan from Morley? :p hey, this is a Cabot company- tell us more, we been looking for one of these for a while... offload it on us Beau, this IS going to be interesting how you got this and what happened... come on...everything's secret in the Cabot Fan Club ( till we get Cabot in court that is) :D PM me if you'd prefer...

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whooow boy - did you say you got a loan from Morley? :p hey, this is a Cabot company- tell us more, we been looking for one of these for a while... offload it on us Beau, this IS going to be interesting how you got this and what happened... come on...everything's secret in the Cabot Fan Club ( till we get Cabot in court that is) :D PM me if you'd prefer...

 

Ok I need to look out the paperwork but basically it was a second charge on a property that was repossesed in the early 90's and me and my ex suffered some negative equity, I did start this http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/133750-cabot-charging-order.html

 

with some basic outlines but due to the answers I got I have left it alone

 

BB

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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  • 3 weeks later...

Had the standard 24 days past and "The original lender is experiencing a delay in obtaining information from their archives" letter today. Come on Cabot we know YOU havent got it so why not just admit defeat. Oh hang on you are a reputable company that buys legally enforceable debts ??

 

But then again --------!!!!

 

Oh and "your account is on hold until further notice" -----gee thanks

 

BB

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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HAHA. Here was me thinking I was the only one getting these letters and it turns out there isn't an original braincell in the whole company.

 

 

 

LOL

 

BB

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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Further update letter this morning,

 

Cabot have now admitted they "have not been able to provide you with the requested information within the relevant time period" and I can of course "request the info myself from OC" (The OC being "Providian" am I right in thinking they do not exist now ??)

 

So my account is "on hold until further notice" so this is a victory of sorts isnt it ??

 

That being said I feel like pushing this one further and getting any defaults removed on my credit file.

 

Any Thoughts.

 

BB

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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If they do the same to you as they did to me they will try to write again with the next thrilling installment which was really just another standard letter. I sense its just that the account automatically appears on someones screen and they send a letter due to that. I have been reading the seahorse thread and it doesnt look a very fast process to get them to remove a default. Dont know if he managed it yet coz he seems to have left for good. I only have 2 years left for mine to go so Im not bothering to even try.

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high beauBrummie

 

I have had an outstanding account with providian

 

if its any help to you it was chased by cabot with notice of sale or assignment

 

spoke to a lady on the phone and told her i did not acknowledge any debt to her company and to put any request by her company in writing.

 

soon after i have been constantly receiving callsl from a company claming to fire (up to ten a day some recorded some in person claiming they need to speak to me urgently) despite this never received a letter from from demanding payment.

 

this has been going on for months but as yet no letters so i completly ignore the calls, irratating but my wife always tells them im out.

 

i dont now if this is any help but it suggests to me that their legal chances are slim or they would certainly be playing the big guns by now

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high beauBrummie

 

I have had an outstanding account with providian

 

if its any help to you it was chased by cabot with notice of sale or assignment

 

spoke to a lady on the phone and told her i did not acknowledge any debt to her company and to put any request by her company in writing.

 

soon after i have been constantly receiving callsl from a company claming to fire (up to ten a day some recorded some in person claiming they need to speak to me urgently) despite this never received a letter from from demanding payment.

 

this has been going on for months but as yet no letters so i completly ignore the calls, irratating but my wife always tells them im out.

 

i dont now if this is any help but it suggests to me that their legal chances are slim or they would certainly be playing the big guns by now

 

 

Yes, you may well be right essexboy,

 

I have only the "Notice of Assignment" from "Monument" the second holder of the account, plus the "Hello" letter from Cabot.

 

Never been served a Default Notice or now an executed agreement so I am pretty close to winning this this one I think Full & Final settlement about 5% maybe ????

 

BB

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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I think I read somewhere that FIRE are actually part of Cabot.

 

Sorry penny foolish,

 

I am not sure what you mean by this.

 

BB

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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It was essexboy who mentioned fire. I was really replying to that post. Sorry if I've caused any confusion.

 

Ok, yes I see it now, I should have to put on my reading glasses lol, sorry penny my fault !!!

 

BB

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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  • 8 months later...

Hi All,

 

Update for this thread after how many months!!!, got a huge pack of statements and various letters one of which is a computer generated load of gobble-de-gook, anyway they have sent an application form completed by me and also the T&C's from post August 2006 when the account was opened in 2001!! hmmm.

 

Of course they are now saying they have fullfilled their obligations under CCA s77 & s78. Another great thing they did for me in October 08 as a statement shows that they have given is added almost £1200 in interest.

 

Just waiting for the phone calls to start and that will just about sum up Cabot, i am now a true member of the Cabot Fan Club.

 

eeeeeeeek !!

 

Beau

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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  • 1 month later...

Hi all, would you be so kind as to look at the latest episode of "War & Peace" from Crapbot and give me your comments and any suggestions for a reply?

 

http://i284.photobucket.com/albums/ll33/Topcat046/SCAN0004.jpg

 

http://i284.photobucket.com/albums/ll33/Topcat046/SCAN0003.jpg

 

 

Thanks

 

Beau

Edited by BeauBrummie
Wrong Links posted

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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