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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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Sainsbury's/ Cabot - Advice please !


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I have an old credit card debt with sainsbury's - subject of much dispute - charges, default,, complaints to FOS etc. I had offered them full and final settlement - pay off the debt completely on the condition that the unsubstantiated default was wiped from my credit file. Never any response. Now the debt has been sold to Cabot (this will be the fourth firm of debt collectors) - however this time there is a letter of assignment. I'd really like some advice on strategy here - do I write to Cabot making them the same offer that I made Sainsburys - indeed are they in any position to do anything about the default? Sainsburys have never proved the default even in court on penalty charges

 

Really grateful for some advice. I'd like to get this monkey off my back but only on the right terms

 

Maybe someone has been this way before with Cabot ?

 

thanks

 

Mel

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As you'll perhaps be aware by now, Cabot are not collecting the debt on behalf of Sainsbury's. They actually own the debt now. But before being too hasty with an offer, bear this in mind...Cabot will have paid perhaps 10p in the pound for the debt.

 

You've about as much chance of getting Cabot to wipe the default as I have of representing Scotland at the next Olympics. If this is the really important part for you, be prepared for a long fight.

 

I assume you have already calculated what the debt WOULD be without charges etc. That might be a fair starting point to go with for making an offer to Cabot. But don't expect them to agree to clearing your default. The best you can hope for is for them to mark the account as "satisfied".

 

Otherwise, it'll be down the route of chasing them for an enforcable agreement, which if it doesn't exist, might be your only hope. No agreement, no consent to processing of data, please desist etc, etc. DPA s10 territory, probably ending up taking them to court.

 

I'm not trying to put you off. I just want you to realise how hard and drawn out this will get.

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Many thanks for this - I'm not worried about a long fight - after all I've been at this for 4 years with sainsburys - my question was really where to start with Cabot so that we kick this battle off on the right foot

 

Firstly, I had been already offered Sainsburys - full and final settlement of the debt i.e. complete settlement in return for marking my credit file satisfied and the default removed (never substantiated). However, if I do this with Cabot - who would I be issuing a court order against to get default removed and who would I be issuing a section 10 notice under Data Protection Act? - would this be Cabot or Sainsburys

 

Sainsbury's have never produced a properly executed copy of the agreement - all they produced was a photocopy of the application form. Therefore, I thought a useful starter with Cabot would be a formal request for such an agreement and wondered if anyone had a useful template on such

 

Many thanks

 

Mel

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As the new owner of the account, Cabot will now be continuing the recording of any default. They will take over that "right" from Sainsbury. Your best bet is to dispute the debt with Cabot. Now this is where it becomes a little complicated.

 

The debt will have been bought by Cabot Financial (UK) Limited. Strangely enough, they appear to have no employees.

The debt will be administered and collected (if they can manage it) by Cabot Financial (Europe) Limited. They will tell you that all contact is to be with them Cabot UK won't answer letters and supposedly don't process your data.

 

Get a letter off to Cabot Financial (Europe) Limited, and tell them that you DO NOT acknowledge any debt to them, but you will be pleased to assist them in any way you can. To this end, would they please supply you with a copy of your original credit agreement as regulated by the Consumer Credit Act 1974. You understand that there will be no charge for this, as apparently the rights but not the duties of the original creditor apply. You realise that whilst they claim that they are not obliged to provide this document, you are sure they will understand that without it, you are in no way oliged to make any payments in regard to this disputed debt. Likewise, they will be unable to take any enforcement action.

 

That should screw them for a bit... I don't think they have a template to deal with that. :D

 

Baby steps. Let us know what happens in response.

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The correspondence is on a letterhead marked Cabot Financial with the address of Cabot Financial Europe - West Malling address. I'll get the letter off monday recorded - should I also ask for proof of default notice in the same letter?

 

My overriding objective is actually to clear the default notice off my experian file as it has totally screwed up my ability to get good credit so would the best strategy be to dispute the debt, maybe agree a settlement figure and then go for a court order for removal of default?

 

thanks

 

Mel

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No! If you pay up, you'll kill any chance of removing the default. You need to show that it's all bollix. If you pay up, Cabot MAY (if they are feeling generous) mark your file as satisfied. That's it.

 

Send the letter to Cabot. But. Do you have statements etc to show the unlawful charges? You may find you have to drag Sainsbury into this mess. But you need to realise you can't run before you can walk. This will be very long and drawn out.

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No chance on the charges as I've been through this all once with Sainsbury's - even going to court and getting a certain amount back. Matters ended with sainsbury's with me offering to settle the debt providing we could agree on the final amount and that they would mark file as satisfied - no response on that and now they've just sold the debt on - they never provided a copy of the agreement, the default notice nor did they provide any statements

 

So, ok - here goes into battle with Cabot directly. I'm not eager to pay them anything - sainsbury's have caused me untold grief over 4 years (i've even reported them and their henchmen Blair Oliver Scott to the OFT) but I am eager to clear the default by any means possible

 

thanks

 

Mel

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Then your best bet is to find out if there was ever an agreement in place. Get a letter off to Cabot along the lines of the above and see what turns up. If they get awkward and refuse, you'll have to make it official, which seems a bit silly: THEY are the ones that bleat about rights but not duties, but will endeavour etc, etc.

 

If you get no reply at all to the letter, make it an actual complaint as per Cabot's own procedure (laid out in my blog), with a standard CCA request. They can't wriggle out of that one. But I AM keen to see if they respond to a reasonable, but unofficial, request.

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thanks Seahorse - I've just checked my Experian file - it makes no reference to Cabot and the reference (and default) is still showing as Sainsbury's - can I ask what you did about Experian - removal of data etc in your battle with Cabot

 

thanks

 

Mel

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It'll take a while for the default to be reflected as continuing with Cabot. But it will happen eventually.

 

I'm at the stage where I have sent a demand to stop processing my data under section 10 of the DPA, which was ignored, so have complained to the ICO and the CSA. If nothing happens from that, then the next stage is to take them to court to force them to either tell a judge why they won't stop processing my data, or to agree to do so.

 

In your situation, you might find that if no agreement is available and the debt unenforcable, Cabot might take a realistic viewpoint. If you DO offer the full amount in settlement, they MIGHT be amenable to removing the default, as the alternative is they get nothing. But you need to find out if the debt IS unenforcable first to give you leverage. If they do agree, make sure they agree to remove ALL adverse markers from your records with the CRA's.

 

But CCA them first. Find out where you, and they, stand. Negotation is good. But only if both sides compromise in some way.

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I'm in the same posistion as Seahorse - s.10 notices ignored, yet Cabot insist that I 'must have signed an agreement' giving them the right to process data. They said they would produce a copy - 6 weeks later, nothing heard, so I have now CCA'd them to try to get them to admit they have nothing. The statute-barred debt they were chasing was 22 years old, so I suspect the likelihood of a properly executed agreement existing is remote.

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Then your best bet is to find out if there was ever an agreement in place. Get a letter off to Cabot along the lines of the above and see what turns up. If they get awkward and refuse, you'll have to make it official, which seems a bit silly: THEY are the ones that bleat about rights but not duties, but will endeavour etc, etc.

 

If you get no reply at all to the letter, make it an actual complaint as per Cabot's own procedure (laid out in my blog), with a standard CCA request. They can't wriggle out of that one. But I AM keen to see if they respond to a reasonable, but unofficial, request.

 

 

SEAHORSE why are you not using words to say that this assignment is an equitable assignment and not a legal assignment

so cabot in the fullnes of time will decided to return the "alleged debt" to the sainsbury group ( remember this was a 50-50 partnership with sainsburies------ and someone else was it halifax ------ [so there is an angle in here ???])

 

also across the road on another website

 

we have a thread about the possibility of sainsburies being proud that he the boss of sainsburies responds to every complaint ......

 

if he knew what cabot were up to feel sure he would be unimpressed)

:cool: sunbathing in juan les pins de temps en temps

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here is the sainsburies post from "across the road"

 

we know this is a 50-50 card : welll at least it was : a joint-venture between sainsburies and some bank with the name scotland in it --

 

from what FC has read on threads about sainsburies threads probaly OTR nobody got any replies from sainsburies

 

however

 

===============

Justin King

 

Chief Executive

Appointed 29 March 2004. Chairman of the Operating Board. Formerly Director of Food, Marks & Spencer. From 1994-2001 held senior positions at ASDA/Wal-Mart in Trading, HR and Retail. Previously Managing Director of Haagen Dazs UK. Early career with Mars Confectionery and Pepsi International. Age 46

 

===============

 

said on some business program tonight how proud he was to "personally respond" to all complaints addressed to him!!!!

 

so if anyone gets a problem with their CCA request etc "justin thyme" will sort it ............................... seems like he will be burning the midnight oil

 

 

http://www.j-sainsbury.co.uk/index.a...ement_id=jking

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:cool: sunbathing in juan les pins de temps en temps

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SEAHORSE why are you not using words to say that this assignment is an equitable assignment and not a legal assignment

 

I don't want to put words into Seahorses mouth, but it could be because when Cabot buy a debt they don't do it via equitable assignment.

 

Members of the CFC have access to and a number of copies of the sales agreements between Cabot and a number of different financial institutions.

Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

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I've had some four years of trying to communicate with Sainsbury's/Halifax and their debt collection arm Blair, Oliver, Scott - they don't respond to anything - I have two lever arch files of correspondence to them. I've complained to the FOS, even made a complaint to the OFT over their fitness to hold a consumer credit licence - yet still it goes on. I didn't think anyone could be worse than Sainsbury's Bank - now I've been sold off to Cabot and from my reading on this forum - they are even worse!

 

I'd be quite happy to string them up and out for as long as possible - my big problem is Experian and the default illegally placed there. Unfortunately, this has caused me endless problems with business lending particularly during the current environment

 

The CRA's are of course as bad as their subscribing lenders

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Whilst it will have been a waste of time, as I believe it is a bit of an "old boys' club", I have to show that I am taking every reasonable avenue open to me before court action.

 

Hence a complaint to them at CSA Website

 

Needless to say, I've yet to have any sort of response to my complaint. Not really surprising... Head Shed at Cabot, Herr Maynard, has recently stepped down as chairperson of said club. Err, Association. ;)

 

So FC thinks Cabot hands back dodgy debts to OC's? If only, FC. If only.

 

Mind you, Barclaycard aren't dodging any bullets as far as I'm concerned. They're in my sights too. :D

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I've sent off the letter - however, today the telephone calls started. I refused to answer any security questions but then was told repeatedly that "I need to talk to them", "if I've had the letter, I know what it's about" - so it looks like I'm going to have to issue the harassment letter

 

Has anyone got any good lines for these people on the phone? Time to invest in recording equipment I think

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I wrote to Cabot under CCA and also clearly instructing that all communications are in writing. However, they have chosen to ignore that and the phone calls continue on a daily basis both from their office and via a debt collector from a mobile who I assume to be in their employ - he calls himself Mr Anderson. I'm now contacting Trading Standards but it is still quite distressing

 

They haven't produced any documentation to date and if they can't I'm still wondering what I can do about the credit file

 

Also wondering if I need to whack off an S.A.R.

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Ah .... Mr Anderson. If it's the same chap he used to leave 10-20 automated messages on my answerphone every day. Wish now I'd kept full records and recordings.

Never got hold of me for some reason!

 

Newborn

Beaten:

RBS: £4,500

AMEX: £4,200

Barclaycard Visa: £12,100

Barclaycard M/Card: £12,600

(Including the numerous DCAs they have set on me.)

PPI reclaims (into my bank account): £25,000

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Today I've had letter from Cabot acknowledging my request under sections 77/78 of CCA. They have returned my £1 postal order saying that they are not obliged to provide this information but have requested it from original lender and expect 12 days.........for response or even longer. If it turns up it will only be a very bad copy of the application form which I don't think qualifies as signed and executed agreement

 

Wondering what next move should be? Should I just sit and wait. Main problem for me is the unproven default on my credit file. Wondering whether court order on sainsburys might be called for now?

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Before heading off to court, you really need to exhaust all other avenues. So complaints to Sainsbury and Cabot, complaints to TS/OFT/ICO etc, until finally you are at the stage where they have not proved they have any right to be processing your data. As it will be Cabot who are now continuing the reporting of the default, they should be the target for that. SO. After all of the above, think carefully why the recording of the default is both unfair and prejudicial to you, then send Cabot a notice to quit processing your data under section 10 of the Data Protection Act 1974.

 

They will have 21 days to write to you to either explain why they do not think your notice has any merit, or acknowledge that they will comply with your notice.

 

Iif they do not reply, or refuse to stop processing your data, you may then escalate your complaint about this specific point with the ICO. (Remember to keep a note of the reference number the ICO gave you when you first complained in general terms about their unfair processing of your data. You will need it when you write back about this point.)

 

Hopefully the ICO will back up your argument, and will make Cabot comply. But perhaps the ICO will only be able to make them respond with a "sorry, no. We are right, so we'll keep on processing" letter.

 

In which case, you may presume to have done your best to get the problem sorted, and the only alternative is court.

 

I know it sounds like a long and tortuous route. But try not to think of it as tedious. Try to think of it as playing the game, and try to have fun doing it. It's the only way to keep your sanity.

 

A year on, and I'm STILL playing the game. Nearly there though. I just need some kind of result from the ICO and I can then either sit back and relax, or move on to the next level. I'm relishing the thought. ;)

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