I can say that I have seen it happen.... Caveat emptor

Very easy to prove an actual loss. Take your pick, Glasses Guide, Parkers, GAP Each month guides are published showing the depreciation of the value of the car. So they could argue had they sold the car in June instead of July they could have sold it for a higher amount. Be different if we were talking about an old banger but going by the partial number plate previously posted the car is 6 years old at max.... Additional costs could include having the car for resale prevents them from selling another car as it is taking up the space on the forecourt of another car

Sorry Jon, you will be hard pressed to find a Dealer that does not do this

In addition to working for Banks, i also worked for a number of national car dealers selling new and used cars. it is industry practice not to carry out a PDI until a car is actually sold. I would also think seriously before starting litigation. Most of the dealers I have worked for would and did refund deposits. However, one that I worked had been to Court on a number of occassions and successfully defended their retention of deposits. As a matter of course they also always submitted counter claims for the depreciation of value of the vehicle etc. I understand and agree with what JC is saying, but the world we live in is not black and white, there are to many shades of grey.

There is no need to worry about the Sols letter, these are usually actually sent directly by Cabot in Kingshill. 8-) If you were to SAR them, this will be confirmed. They are just barking at the moment.. This is far worse then their bite:lol:

Removed as I cannot be asked

Write to Mr John Varley C/o Head Office Customer Relations Unit at their Churchill place address. This will mean that a specialist team called the Exec team will deal with your complaint

Sadly two things could happen, one the original lender could supply Cabot with a copy of the agreement and / or this could be passed to another DCA and they could obtain a copy of the agreement. To assume that they have gone away is wishful thinking at best and foolish at worst. This brings me back to the matter of the SAR. It will confirm in writing for you, if Cabot have contacted the original creditor and why they have not supplied a copy of the agreement. I personally feel it is better to be proactive and take steps to ensure that you NEVER hear from Cabot again. I wish I could also be so carefree about my credit rating, however, this can effect your employment, you may have trouble getting a contract mobile phone, opening a bank account or obtaining credit. Six years is a long time and one day within that period you may need one of the above.

First time, I have had that said about me... Usually old I am talking bull

Hello, I think a SAR is a good idea. Cabot gives you copies of all their notes. When I took them to Court I found a few very interesting things that I was able to turn around and use against them. Use this to write your letter http://www.consumeractiongroup.co.uk/forum/bank-templates-library/96518-data-protection-act-subject.html Remember to enclose a payment of £10 The best person to write to is Mr Ken Maynard @ the Cabot address

I won't put words into Seahorses mouth, but speaking for myself I have been very successful in dealing with creditors... Just ask Mr Maynard... Part of my success has been due to the advice and support of seahorse... He has done a lot of investigation into Cabot.. As for SAR's if anyone would like to have a debate about how this is an admission of a debt, please start and thread as that is a discussion I would glady join

Oi don't you start..... Women !!!!!! All they want is attention attention attention

We can all beat our chests in relation to our experiences with Cabot... For example here is my thread with over two thousand posts http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/36665-cabot-again-urgent-help.html Here is my thread when I started litigation against Cabot http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/80270-litigation-tbern123-cabot-financial.html Oh here is my thread detailing how I stopped Cabot Calling http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/33320-no-more-calls-cabot.html Seahorse isn't exactly a stranger to the workings of Cabot either With nearly 1,000 posts http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/54029-seahorse-cabot.html Seahorse also runs a very informative blog and was responsible for a lot of investigation into the inner workings of Cabot.... I would personally (I have in the past) follow any advice given by Seahorse as he has done it and got the teashirt (or should that be the website) This is nothing personal against you pinky, I just feel the original poster should be able to make an informed decision in relation to which advice he should follow

Thanks but this is all over now... Can't make public the outcopme sorry:cool:

Forgot to add, in my experience which isn't really that much in relation to Cabot (I jest with you) Cabot don't give up that easily, even if they don't have an agreement they are like a dog with a bone.

I agree with Seahorse and I think you should send a SAR. Afterall if they have no agreement they do not have any authority to be processing your data. A SAR will confirm what if any information they have about you and it usually also contains a few nuggets of information you can use against Cabot if need be at a later stage. For the avoidance of doubt and to avoid any confusion a SAR is not an admission of a debt. It is your legal right under the DPA.

However, as Citi have a contractual obligation with Cabot to pay pass the refund onto them, there will not be two debts (one to citi and one to cabot). Citi have two options, they either fulfuill their legal obligation and pass this payment to Cabot. Or as stated within their contract of sale they can recall the account from Cabot and pay themselves. Either way, tifo it won't be your problem. Worse case, it will be a contractual dispute between Cabot and Citi. You debt will have been repaid so you will not be a party of that dispute.

There might be a little problem relying on that case. The quoted case was later unsuccessfully appealed. However during the appeal it was noted that: In his judgment Lord Reading CJ said at 287: "It is perfectly plain that we are not dealing here with the right to set off against the assignment of a chose in action, in which event quite different principles apply." I thought in relation to Section 136 of the LOP the chose in action is the actual debt. If the chose in action is the debt, taking into consideration the comments of Lord Reading it could be argued that the outcome of that case has little if any effect on this topic.

If the person that you speak to at your bank refuses, ask to speak to their manager. Tell them about your right to a full immediate refund. If they refuse, tell them that you will make a complaint to the FOS and ask them for the name and address of their chairman, as you feel he will be interested to know that members of his staff are willing to ignore the Direct Debit Guarantee. You have to be really strong with them or they won't do it. They will say they need to investigate it... Just keep telling them that you are entitled to a refund... As far as they are concerned the payments were supposed to start next month. Don't tell them much more then that...

You should be ok. Either go to or call your bank on Monday. Tell them that the Direct Debit payment was made in error and it should not have debited your account as you DID NOT AUTHORISE that payment Inform them that you are fully aware of the Direct Debit Guarantee and as such you demand an immediate refund as per your rights under this Guarantee. Your rights The Direct Debit Guarantee If the amounts to be paid or the payment dates change, the organisation collecting the payment will notify you normally 10 working days in advance of your account being debited or as otherwise agreed If an error is made by the organisation or your bank or building society, you are guaranteed a full and immediate refund from your branch of the amount paid You can cancel a Direct Debit at any time by contacting your bank or building society. We also recommend you notify the organisation concerned.

How was the payment made ?

Thank you.. very much appreciated

Lizzy, you been looking that photo of me again

As the original poster of this thread, can a mod please delete all posts by CUT. Whoever it is, they have requested that members contact them outside of CAG. This can have serious implications especially if any personal information is disclosed to this individual. Once again, I would respectfully request that NO ONE emails this fool. He will get bored and go play elsewhere soon..

For those that don't know about Cabot Williem Wellinghoff is the name of the person who is head of compliance at Cabot Financial. Obviously he would not be stupid enough to pull a stunt like this... SOME PEOPLE HAVE WAY TO MUCH TIME ON THEIR HANDS !!!!