Note that the letter from HFOC and Rox give the same address - which kind of indicates you are dealing with the exact same people in the exact same office. Why do they still bother with the pretence? Do they think the OFT etc. cannot see this.

Good result. Well done.

I think at the end of this a complaint to the OFT is in order - and possibly to the SRA or even the Police (if issues of attempting to pervert the course of justice is evident). I admire you for your fight, and carrying on despite all they have put you through. You are a credit to Cag and consumers everywhere.

On the interest issue - The amount you can be charged will be as per your original T&C's - now the rate of interest may be variable, but even if it is, they have to notify you of any variation in writing.

That doc does not show your right to cancel - it only says that you have a right to cancel - but that the terms of your right to cancel will follow. That NOA was probably not from Sainsbury's - did Sainsbury's send you a copy in their reply to your SAR? That is why i think you need to contact Sainsbury and ask them to who, and when, the agreement was sold. Cabot should not be charging you 12% interest full stop - they have no right to just make up a figure and try and charge you for it - You should report all this to the Office of Fair Trading. Forget about WHEN they sent you the T&C's i don't believe that is relevant to when they can and cannot charge you interest - the issue is the amount they are trying to charge and if they are entitled to do so - and they are not. Regardless of that - they have not supplied compliant DN's - and have not satisfactorily responded to your CCA request - as such they cannot enforce the debt in Court. i would just ignore them for now - but contact Sainsbury to find out when, and to who they sold the debt - and to confirm this in writing - and ask them to provide you with a copy of the NOA.

They are the terms and conditions from seperate agreements and not the full T&C's Where is the info on your right to cancel?

Ok - if the DN's are not compliant then they can not enforce the agreement in Court until they send one that does comply. If the 12% was not part of your original agreement then they cannot charge this amount - unless the original rate was variable - and they have sent you a notice of variation. (They won't have done this i bet). If Cabot sent you the wrong T&C's when they responded to your CCA request then they have not complied with your CCA request - and so cannot enforce the agreement until they do. This is what they need to do to comply with a CCA . Have Sainsbury's told you to who, and when, they sold the agreement? S.78 request requirements.pdf

Reading through this thread it apears that Cabot have not sent you the correct terms & conditions that were in force at the time the agreement was taken out - am i correct and was this a response to a formal CCA request? Have you recieved, at any time, a compliant DN? Can you scan and upload the Assignment notice?

Where does the figure of 12% come from? Is that the amount quoted in your original agreement?

Yes - send the dispute letter as they have failed to comply with their legal obligations under the CCA.

If you had not fought them it would have cost you a lot more - so well done. At least they have not made any money out of it. Obviously worried about having their deceitful practises put under close examination in a court by proffesionals.

Have now managed to get hold of a copy of the agreement - but not the T&C's. It states in the agreement that the total charge for credit includes Interest Brokers Fee Legal & Documentation Fee and that when these figures are added together with the loan amount, and divided by the months payable = equals the total repayable. So i am asuming this indicates that there is nothing left to pay - there is no mention in the agreement of redemption fees - would i be correct in thinking that these would be included in the legal & doc fees?

Would also send them a formal CCA Request http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter. If it is for a HP agreement it is an s.79 request.

You can send them one of the non - compliance letters and start the date from the day they recieved the SAR. Point out that they are willing to correspond to the address of the SAR, and therefore accept your identity for data protection purposes in relation to your address. http://www.consumeractiongroup.co.uk/forum/content.php?593-Data-Protection-Act-Non-Compliance-Template-Letters Maybe worth a call to the ICO helpline which can be found on the Information Commissioners website, and ask them for guidlines - and details of how to complain about Welcome. Most important - Complain to the Ofice of Fair trading - Welcome need stopping and this is the only way to stop them - too many people fail to take this - the most step. thats why they - and other companies like them - get away with this.

You can do as dx says and ignore them - or complain about them to the ICO and OFT. Depends what outcome you are looking for realy.

You should get the forms sent to you by the fscs - if you have not had them within 7/10 days it would be worth calling the fscs direct and following it up.

If the payment has been missold then you should entited to a full refund, less any amounts already paid to you, i believe. Claim it anyway. Your claim will go therough the fscs as welcome are in default of their ppi repayments - so it is worth a go. If your agreement says that the final purchase fee is a £1, then it is a £1 - thats what is on the agreement - signed and agreed by both parties. never listen to the muppets at the local office - they are just collection monkeys. And never speak to them on the phone - ask them to put their claim in writing pointing out the exact section of your agreement that supports their position.

A clear case for complaint to both the OFT and Solicitors Regulation Authority. DB you have mail.

HFOS could apply to be substituted as the claimant, but they have problems even then, as the notice of assignment clearly states HFO Capital. They also state in their particulars of claim that HFOC are the owners of the debt and not HFOS or even Rox. Could that NOA be a fake? T&R must know that this claim is untenable.

If you contact TR do so in writing and and keep copies.

Do you have the original particulars of claim from the claim form? Can i clarify if you have you actually applied for a set aside yet - or not?

Why did they send you this letter?

You still need to attend -You should ask the judge for an adjournment based on this new evidence - as they have now sold the car they are in breach of that court order. You will now be seeking to make a claim against MM for the loss of your vehicle and breach of the Court Order. You can also claim back all the charges they have added for letters/phone calls etc. You realy must complain about this to the Office of Fair Trading - they are seriously out of order. How much was the outstanding debt?

If it helps i have a document that shows commissions being paid to a broker by welcome, and how much it was, on a HP agreement. So it shows that they do have this info - and know it, (not going down the perjury route are they?) The broker gets their own copy by the way - i got one copy from the broker and an identical copy from Welcome. Am prepared to provide a copy and write a statement if needed. PM me if you prefer.

How much for - and if it was a log book loan i assume that some money should now be owed to you. When was the injunction served on them - and when did they sell the car?