Jump to content


  • Tweets

  • Posts

    • Should this to be take into court with him or should he send something in earlier?
    • This is the other sign  parking sign 1a.pdf
    • 4 means that they need to name and then tell the people who will be affected that there has been an application made, what the application relates to (specificially "whether it relates to the exercise of the court’s jurisdiction in relation to P’s property and affairs, or P’s personal welfare, or to both) and what this application contains (i.e what order they want made as a result of it) 5 just means that teh court think it is important that the relevant people are notified 7 means that the court need more information to make the application, hence they have then made the order of paragraph 1 which requires the applicant to do more - this means the court can't make a decision with the current information, and need more, hence paragraph one of the order is for the applicant to do more. paragraph 3 of the order gives you the ability to have it set aside, although if it was made in january you are very late. Were you notiifed of the application or not?    
    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Cabot/FIRE Help Please - TSB CC debt 2006


pat5y
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3750 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

I had a credit card with TSB in 1983.

 

In 2006 because of an accident I could only pay £5 per month to the outstanding balance of app £10,000.

I still pay this £5 today by standing order to TSB.

 

I received a few letters from Cabot telling me they bought the debt from TSB,

but I ignored them and continued to pay my £5, that I had agreed with TSB to the TSB.

 

Today I get a letter from FIRE saying to make them a reasonable offer.

 

I checked noodle credit report as advised in the CAG forum and TSB are not listed on my credit file.

 

The debt says it is cabot that own it, but I have never dealt with Cabot.

 

I was wondering what to do next and any advice please.

Link to post
Share on other sites

  • Replies 82
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Lol they agreed £5 so keep it at that!!! :)

 

Okay, have you ever been sent a statement of how much is owing?

 

They are legally obliged to provide you with this. on a minimum of a yearly basis. OOI... Did you continue to pay £5 to Lloyds or change it to Cabot?

If Lloyds have sold this debt, there could be something very very wrong!!!

Edited by fkofilee

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

I still pay £5 per month to TSB by standing order and have never acknowledged Cabot.

There is no mention of TSB on my credit file, only Cabot.

 

What do you mean if Lloyds have sold this debt then there could be something very wrong?

 

In other threads I have read to send a letter to find out if they have the original agreement, but who do I sent it to ?

Link to post
Share on other sites

In 1983 I was given a cheque guarantee card which also acted as a credit card by the TSB.

 

In 2006 after having an accident and a change to my life circumstances

I could only pay £5 per month to this card and have been doing this ever since by standing order.

The debt is approx £10000.

 

This past year I have been receiving letters from Cabot and just ignored them and continued to pay my £5 per month to the TSB.

 

Now I have received a letter from FIRE.

 

I have been looking about these forums and saw that you could look at noodle for details of your credit file.

 

I checked with noodle and there is no mention of TSB,

just the company Cabot with defaults on the approx debt of £10000.

 

I would appreciate some help what to do with TSB, Cabot and FIRE,

and advise on whether I should cancel my standing order to TSB.

 

Thanks

Link to post
Share on other sites

Hi pat5y, and welcome to CAG! :-)

 

I am literally running out the door, but will be back later. In the meantime, others may come in and help too.

 

What does the letter from FIRE say?

 

I assume you have not so far asked for a copy of the original credit agreement?

 

Have TSB continued to add interest to this debt?

 

DD

Link to post
Share on other sites

Hi, This debt has been sold on to Cabot Financial a debt purchaser, Fire are its collections arm.

TSB now have no interest in this account.

 

What is the content of the letters from Cabot/Fire please.

Do not cancel payments yet.

 

Your next move is to make A CCA Request under Sections 77/78 of the Consumer Credit Act 1974 to get a copy of the agreement for this card.

 

There is a £1 statutory fee for this and Cabot have 12 + 2 Working Days to comply, there is a template in the CAG library for you to use.

 

The fee is best paid by using a £1 postal order marked clearly 'for statutory fee only'.

 

Get this done asap and come back when you get the result.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

As far as I am aware obtaining any form of copy of the original agreement may be a problem in this case

as the agreement dates from 1983.

 

I believe Cabot are allowed to supply a copy of the current t&cs.,

if the agreement was executed before May 1985

and they are unable to supply a copy of the original.

 

Was there any PPI on your ac?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

Link to post
Share on other sites

I hope you've been getting regular statements

and the debt has been going down

and interest was frozen too....

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

If the debt was £10000 and has been sold then there is somethign very VERY wrong with it. No creditor would wipe that amount off. They would take you to court over it themselves.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

If the debt was £10000 and has been sold then there is somethign very VERY wrong with it. No creditor would wipe that amount off. They would take you to court over it themselves.

 

A recon is not acceptable in this case.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

If the debt is no longer being reported on your credit file it is because the default was placed more than 6 years ago.

 

Did you not receive a Notice of Assignment from either LTSB or Cabot advising the account had been assigned (sold) to them ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Thank you all for taking the time to reply to my post.

 

Interest is no longer being added to this debt and I don't think their is any PPI.

 

The letter from fire says make us a reasonable offer by a certain date either one off payment or payment plan as a final attempt to resolve the matter and stop further action.

 

I have had no letter from TSB saying they have sold the debt on.

 

Does CCA mean credit card agreement?

 

Thanks for your help !

Link to post
Share on other sites

consumer credit agreement

 

which crapbot must have to demand money from you.

 

are you saying they have offered a discount?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

i'd send an sar to TSB and get all the statements

 

and fire an CCA request off to crapbot.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

All they say is make us a reasonable offer.

Thanks

 

So theyre offering a discount but have carefully worded it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

  • 1 month later...

Cabot replied to me stating they do not hold the information I requested under the CCA1974. They will anticipate they will be able to provide the information within 40 days as they have requested the info from the original lender.

Link to post
Share on other sites

Tell them NO 12 +2 working days no more after which the account will be formally in dispute and no further correspondence will be entered into.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Thank you Brigadier2jcs

 

Letter was sent to them on the 11/11/13 and I received the above reply yesterday. Do I still tell them no 12+2 woring days no more after which the account will be formally in dispute and no further correspondence will be entered into? If answer is yes, why would I not enter into anymore correspondence with them?

Link to post
Share on other sites

Thank you Brigadier2jcs

 

Letter was sent to them on the 11/11/13 and I received the above reply yesterday. Do I still tell them no 12+2 woring days no more after which the account will be formally in dispute and no further correspondence will be entered into? If answer is yes, why would I not enter into anymore correspondence with them?

 

Yes you do tell them that. Also you won't enter your into any more correspondence with them as they have failed to provide the correct documents pursuant to this *supposed debt*

 

It's up to them to prove you owe it, not you to prove you don't.

 

Just to clarify... 40 days is only applicable to a SAR and if you haven't requested it then they can't use that as an excuse to delay getting the CCA

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

Correct 40 days for a SAR. It is unreasonable to state a 40+ delay for a CCA request provision is made for a short extension of the 12 +2 working days if they have to obtain the copy agreement from the original creditor but certainly not 40 days.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Cabot state in there letter

 

"Thank you for your request under the consumer credit act 1974. Cabot currently does not have this information on file. However we have requested the relevant information under section 77 and/or 78 of the consumer credit act 1974 from the original lender. We anticipate that we will be able to provide this information with in 40 days. In the event we are unlikely to obtain this information within those time limits we will write to you again."

 

They did not send back my postal order.

 

Also I am still paying the TSB £5 per month, as was agreed with the TSB years ago. This is done every month by standing order.

 

Will I know write to Cabot saying 40 days is unreasonable and will now not enter correspondence with them and will I still pay my £5 per month to TSB?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...