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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • dx100uk
      Wrong settlement quote given on PCP.

      By dx100uk · Posted

      yes might be the best idea. you'd only at best get 8% flat interest and that unusual on a GOGW if this was what it was. simply contact the FOS and let them know its resolved. dx  
    • tobyjugg2
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By tobyjugg2 · Posted

      If you’ve ever wondered how you might fare in armed combat, the first 20 minutes of Steven Spielberg’s Saving Private Ryan is likely to make you thank your lucky stars you were born too late to storm the Normandy beaches on June 6 1944. I suspect many of us might be driven to identify with those men who were absolutely turned to stone by fear. And yet these young men, mainly conscripts, screwed their courage to the sticking point and did the job the fate had chosen for them, heroes all.   .. UK PM Sunak perhaps thinks he understands mind numbing fear better than many as he dishonorably fled the beachhead to do nothing more than double down on dishonest spin and lies from the safety of a UK studio .. The Normandy heroes who not only held their positions, but advanced through hell to a victory that changed the entire course of history .. undoubtedly hold a different perspective.     from a perspective in TheConversation     .. 'That was the slot that sunaks team offered for the interview
    • BankFodder
      Evri has probably lost a Parcel again.

      By BankFodder · Posted

      Yes, send a message to the purchaser but keep it very friendly and simply that you noticed that the package has now been delivered.  I suggest that you ask them if they want to keep the package still or if they would rather return it and that if they want to keep it then please will they return your payment to you to your PayPal address. Keep it as polite and friendly as possible and then we will decide what to do if he doesn't reply or refuses.  Meanwhile I will have a look at Google earth and see if you are able to spot the gas meter outside the house to get an idea if the delivery is real. Get a screenshot
    • axil23
      Wrong settlement quote given on PCP.

      By axil23 · Posted

      Santander have sent their final response and have agreed that they were in the wrong. They will be refunding me the amount I am due and £50 for the delay.  Just the interest factor would be more than double the £50 that they are offering. Thinking to just close this and move on. Is this what you would do?  Opened a FOS case on the 1st of June but haven't heard back yet. 
    • ProperDribbly
      Evri has probably lost a Parcel again.

      By ProperDribbly · Posted

      It just been delivered and ive had a live chat with p2g to get some proof of deliverey and they send me a picture of the parcel placed in a gas meter box which they class as a ' 'Safe Place'  and not placed into the hands of the buyer which is either a good thing as the buyer can claim he never received It so i can claim against p2g or a bad thing . Do p2g have coordinators when taking pictures and scanning of parcels ?  I know Royal Mail do ... I'm going to send the buyer a message and see what he says

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      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.

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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

HSBC OD debt sold to Cabot

Archangel9

By Archangel9
in HSBC Bank

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Archangel9

Archangel9

Posted
Posted

Well, just got another letter, my other HSBC debt has been sold on to Cabot according to this letter.

they have also provided a letter from HSBC which does not look faked and has been signed :rolleyes:

 

Do I need to go through the CCA/SAR request stuff again?

 

Ta.

Archangel9

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tomterm8

tomterm8

Posted
Posted

Hi Archangel9, I would CCA them. Not much point in a SAR, as they've only had your details for a couple of days.

 

Remember, don't sign the CCA.

 

I've asked someone to move this to the Cabot forum

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Archangel9

Archangel9

Posted
  • Author
Posted
Same procedure... make them prove they have bought an enforcable debt.

 

Cabot have been known to produce their own "creative" stationery though. ;)

 

 

Great! Another that likes to lie about stuff :-?

 

Well, HSBC never informed me of this, except for this new letter x2 in the same envelope.

 

Ah well...here goes...

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  • 3 weeks later...
Archangel9

Archangel9

Posted
  • Author
Posted

Well, I got a reply from Cabot sending back the £1 postal order :o and stating that they don't have to oblige by sending me the info requested, but have contacted HSBC to get it and will contact me within 12 days if they don't get it.

 

I'll post the letter as soon as I can get the thing scanned :evil:

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NailPost

NailPost

Posted
Posted

If Cabot have written to you about a debt and you CCA them they are legally obliged to provide you with documentation to prove the debt exists and that they have the right to collect. Theyare also legally obliged to provide a statement of account.

 

You wrote to them properly enclosing the statutory fee. Its up to Cabot what they do with the quidbut as far as the law is concerned the clock is ticking and soon the silly tw**s will default.

 

Remember no paperwork = no debt.

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  • 1 month later...
Archangel9

Archangel9

Posted
  • Author
Posted

Well for chrimbo they sent me another letter stating that they can't "obtain the relevant information" :D. They also state that they have "re-assigned" the account back to HSBC and that all further queries should be sent to HSBC.

 

So what does this mean? :confused:

 

Thanks.

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Seahorse

Seahorse

Posted
Posted

NICE ONE!!!! I'd say that this must be a victory for you against Cabot, then. I'd say that they are admitting they are bollixed, so are lumbering HSBC with it. I'd imagine HSBC will be in touch again at some point. EIther that, or they'll try to sell the debt on again. I might be tempted to pre-empt that and get in touch with HSBC first and ask them to explain themselves. Why did they sell an uneforcable and unsubstantiated debt to Cabot, for example. Get the thing into dispute with HSBC right from the start, so you can go straight for the jugular if they try any funny stuff.

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Archangel9

Archangel9

Posted
  • Author
Posted
NICE ONE!!!! I'd say that this must be a victory for you against Cabot, then. I'd say that they are admitting they are bollixed, so are lumbering HSBC with it.

 

Good eh? :D

 

I'd imagine HSBC will be in touch again at some point. EIther that, or they'll try to sell the debt on again. I might be tempted to pre-empt that and get in touch with HSBC first and ask them to explain themselves. Why did they sell an uneforcable and unsubstantiated debt to Cabot, for example. Get the thing into dispute with HSBC right from the start, so you can go straight for the jugular if they try any funny stuff.

 

Yeah unfortunately! Obviously, I'd rather they didn't bother but anyways...I'm crap at writing letters, there wouldn't be a nice standard letter I could use that would definitely sound a lot more professional than any rant I might end up typing as I get wound up :rolleyes:

 

 

Thanks,

A.

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  • 2 weeks later...
  • 11 months later...
Archangel9

Archangel9

Posted
  • Author
Posted

Got a letter from Cabot on Christmas Eve:

 

Your account

Further to previous communications regarding the account detailed opposite.

HSBC has advised us that they won't be repurchasing your account. It's to remain with us. Please note that current accounts aren't regulated under the Conssumer Credit Act. We trust this clarifies the matter and you will be contacting us to arrange repayment.

 

WTF?

 

A.

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Castlebest

Castlebest

Posted
Posted

Its taken 12 months to decide this??? I would write back to them stating that they have not provided any of the documentation you have requested and therefore the debt is still in dispute and unrecoverable.

 

If nothing else this should buy you some time to do some further research into the lawfulness of the debt they are trying to recover from you.

 

pete

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  • 2 weeks later...
Archangel9

Archangel9

Posted
  • Author
Posted

Well, it seems the previous letter from them about this account was dated January 2008, so almost a year.

 

I also didn't S.A.R. HSBC regarding this account nor have I sent them a letter asking why they sold an unenforceable debt to Cabot. Should I do this still?

 

Also, they mention that the CCA doesn't apply to current accounts; this account was entirely overdraft so surely that does, right?

 

Will, try to find something I can meld into a letter for HSBC over the next few days.

 

Thanks,

A.

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johnnymitch

johnnymitch

Posted
Posted (edited)

Hi Archangel 9,

 

I'd be inclined to write to Cabot again , acknowledge their letter and ask them to produce tangible proof that the debt exists i.e. paperwork ... :rolleyes:. Don't forget to send it 'Recorded Delivery' - so someone has to sign for it ......

 

If they couldn't produce it before , how can they produce it now? You could also say that, until this is forthcoming this account is 'in dispute' and repayment cannot be arranged or pursued until the dispute is settled .

 

Basically, if Cabot haven't got proof the debt exists they can't collect on it . About the only thing they are right about is that the CCA does not apply to Current Accounts.

Edited by johnnymitch
Afterthought ........

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Archangel9

Archangel9

Posted
  • Author
Posted
Hi Archangel 9,

 

I'd be inclined to write to Cabot again , acknowledge their letter and ask them to produce tangible proof that the debt exists i.e. paperwork ... :rolleyes:. Don't forget to send it 'Recorded Delivery' - so someone has to sign for it ......

 

As always :D

 

If they couldn't produce it before , how can they produce it now? You could also say that, until this is forthcoming this account is 'in dispute' and repayment cannot be arranged or pursued until the dispute is settled .

 

Sounds good enough to me :)

 

Basically, if Cabot haven't got proof the debt exists they can't collect on it . About the only thing they are right about is that the CCA does not apply to Current Accounts.

 

But, does it apply to overdraft facilities?

 

Thanks,

A.

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johnnymitch

johnnymitch

Posted
Posted
But, does it apply to overdraft facilities?

 

Thanks,

A.

Try this link Archangel , see if it clarifies it for you ....:)

 

http://www.consumeractiongroup.co.uk/forum/general/94575-cca-overdrafts-final-word-2.html?highlight=overdrafts#post889434

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

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johnnymitch

johnnymitch

Posted
Posted

As a follow-up to the above A9.... I would leave HSBC out of the loop for the moment..... see what Cabot comes back with first?

 

A letter to HSBC might just spark a hunt for a document you're hoping they haven't got ......:rolleyes:

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Archangel9

Archangel9

Posted
  • Author
Posted
As a follow-up to the above A9.... I would leave HSBC out of the loop for the moment..... see what Cabot comes back with first?

 

A letter to HSBC might just spark a hunt for a document you're hoping they haven't got ......:rolleyes:

 

I can only assume that Cabot should have a Notice of Assignment from HSBC? If they don't have this, that's it for them, right? I never received any NoA from HSBC via registered post, which is required from them, AFAIK.

 

Thanks,

A.

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  • dx100uk changed the title to HSBC debt passed to Cabot
  • dx100uk changed the title to HSBC OD debt sold to Cabot
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