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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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Struggling Simon vs Cabot **WON**


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Hi All,

 

Just spent a couple of days reading through some of threads on here after a very nasty telephone call with these Cabot monkeys.

 

As background, I got a letter out of the blue 13th November, saying that I owed them £849.91. I knew that I had a default on my credit file registered for that amount to Kings Hill No1 previously, but as it was not a priority at the time, I haven't done anything about it.

 

Lo and behold, in November, the name of the creditor on my credit file miraculously changed to Cabot Financial UK Limited. I've never seen anything about the transferral of this 'debt'.

 

I thought that I would be proactive and ask what Cabot may be able to settle for. Imagine my shock to find out that they now state that the alleged debt is now at £1500+. I asked them to explain this to me and was told that it was interest upon the original debt.

 

Lastly I note that the starting date of the debt is 3rd May 2001 accroding to the credit file. Surely this means that it's statue barred? Although there is a line that says payment start date 15th July 2002.

 

How should I proceed?

Struggling_Simon vs Cabot - WON

Struggling_Simon vs Abbey - WON

Struggling_Simon vs HBOS - Pending

--------------------------------------------

IF I HAVE HELPED PLEASE CLICK MY SCALES

 

Vigilantibus non dormientibus æquitas subvenit

Somper in excretia,som solem profundus variat.

 

 

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Hi Struggling Simon,

 

Kings Hill No1 changed its company name to Cabot Financial UK earlier this year.

At the same time another company named Cabot Financial UK changed its name to Kings Hill No1.

Very confusing, but companies house have confirmed this and said it's 'normal practice'.

So the debt wasn't technically transferred.

Statute barring is relevant if you have not acknowledged or made a payment towards the debt in the last 6 years (5 years if you are domiciled in Scotland).

Unless this is overdraft or mobile phone related, your first move should be to ensure that the DCA is legally empowered to recover the debt by sending them a CCA request. The first line of which should be 'I do not acknowledge this debt to you or anyone you represent'. Do not sign the letter and enclose a £1 postal order made payable to the DCA.

 

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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Adding interest to the account is only allowed if there's a clause in the original agreement to that effect. Well if Cabot haven't got that agreement then there is no way they can add interest.

 

I would CCA them as soon as possible and see what they have or haven't got. If they don't have a CCA then you can deal with them from a position of strength. In short you can tell them to go away and never bother you again.

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OK, thanks for the responses so far, I want to be very careful as this is new territory for me.

 

Do I send CCA requests to both Associates (the Original Creditor, now owned by CitiCards) or just to Cabot?

 

Which variety of the 'Cabot' club do I send this CCA request to? From my learnings, there's about 16 of them.

I reckon it has to be Cabot Financial(Europe), as the UK variety doesn't have any people working for them.

Can anyone confirm thats OK?

 

I plan to use the template letter N from the templates library , with the 'i do not acknowledge' line added. Would that be sufficient?

 

Thanx

S

Struggling_Simon vs Cabot - WON

Struggling_Simon vs Abbey - WON

Struggling_Simon vs HBOS - Pending

--------------------------------------------

IF I HAVE HELPED PLEASE CLICK MY SCALES

 

Vigilantibus non dormientibus æquitas subvenit

Somper in excretia,som solem profundus variat.

 

 

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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It's Cabot Financial (Europe) Limited who do all the donkey work for the group, so that's who you send the CCA request to. You will get the usual template back saying they acquire the rights but not the duties, but they'll helpfully try to get the agreement from the OC. And you'll get your £1 back. I still haven't cashed the cheque they sent me, as I don't accept that the CCA doesn't apply to them, and cashing it would be seen as agreeing with their position.

 

Letter N from here will be fine, as you have said.

 

You might wish to SAR Associates too. If there are any penalties orcharges on there that there shouldn't be, then obviously any default notice that might have been issued to you will be invalid by virtue of the fact that the amount on the notice is inaccurate. That being the case, should they really have sold your debt on? Hmm

 

Anyway, wait until Cabot answer your CCA request and we'll see where to go from there.

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OK, I've started the ball rolling today.

 

Posted off Subject Access Request to the Data Controller of Associates ( Now Citicards ).

Included my tenner as a postal order.

I confirmed the address of the Data controller with the ICO website.

 

------

Posted off my CCA request to Cabot Financial (Europe) with my £1 postal order.

 

----

Both letters sent recorded delivery, so should be received on or before Monday 7th. Will be tracking them via Royal Mail Website.

 

Here's hoping!

Struggling_Simon vs Cabot - WON

Struggling_Simon vs Abbey - WON

Struggling_Simon vs HBOS - Pending

--------------------------------------------

IF I HAVE HELPED PLEASE CLICK MY SCALES

 

Vigilantibus non dormientibus æquitas subvenit

Somper in excretia,som solem profundus variat.

 

 

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Just thought that I'd upload my letters in case anyone wants to view them.

SAR_030108_copy.pdf

Cabot_cca_copy.pdf

Struggling_Simon vs Cabot - WON

Struggling_Simon vs Abbey - WON

Struggling_Simon vs HBOS - Pending

--------------------------------------------

IF I HAVE HELPED PLEASE CLICK MY SCALES

 

Vigilantibus non dormientibus æquitas subvenit

Somper in excretia,som solem profundus variat.

 

 

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Update -

 

I got another letter from cabot today (not that I feel like doing anything with it until later).

 

-------------------

Dear Mr xxxxxxx,

 

Further to your recent communications, regarding the account detailed below.

 

 

Original Lender : Associates

Account Type : Classic

Account Number : xxxxxxxxxxxxxxxxxxxxxxxxx

 

Current Outstanding Balance : £1385.84

 

 

Associates assigned their rights to add interest to us on 27th September 2002, subsequently we are entitled to charge interest at an equivalent rate to that applicable under the original credit agreement.

 

Please could you contact Elaine in our customer relations department on the number below to give us an update to your financial situation. We may also be able to negotiate a reduction in the interest which has been charged to date and possibly freeze future interest charges.

 

We trust that this clarifies the situation an look forward to hearing from you soon.

 

---------------------

Contacting Cabot

 

If you have any queries, please call one of our customer advisors on 01732 524615

 

Yours Sincerely

Emma Robertson

Customer Relations Manager

Struggling_Simon vs Cabot - WON

Struggling_Simon vs Abbey - WON

Struggling_Simon vs HBOS - Pending

--------------------------------------------

IF I HAVE HELPED PLEASE CLICK MY SCALES

 

Vigilantibus non dormientibus æquitas subvenit

Somper in excretia,som solem profundus variat.

 

 

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Current Outstanding Balance : £1385.84

 

OK, so thats £533.93 more than their first letter on the 13th November.

 

Associates assigned their rights ...

 

No mention of duties though, I wonder?

 

... to add interest to us on 27th September 2002

 

Prove it to me by showing ...

a) A Notice of Assignment from the original creditor, and proof that I received it

b) A true copy of the original credit agreement with its prescribed terms and conditions, signed by me.

If you have these in your possesion, why would you wait 5 years 2 months to persue the alleged 'debt'?

 

... subsequently we are entitled to charge interest at an equivalent rate to that applicable under the original credit agreement

 

I don't think that £355 interest per month on a debt of £849.91 is as the per the original terms and conditions.Show me where the rate is set please.

 

Please could you contact Elaine in our customer relations department ....

 

No thanks, not right now.

 

We may also be able to negotiate a reduction in the interest which has been charged to date and possibly freeze future interest charges.

 

Why would you make such a business decision if you're claim is solid?

 

We trust that this clarifies the situation an look forward to hearing from you soon.

 

No, actually it doesn't, and please don't hold your breath to hear from me until you have fulfilled my CCA request sent to you on the 3rd Jan. It'll clear a lot of my confusion regarding the matter.

 

--------------------------

I feel that persuant to a CCA request they are supposed to send a statment of account, which should show any charges and how they were calculated - I look forward to that?

 

Can anyone comment?

Struggling_Simon vs Cabot - WON

Struggling_Simon vs Abbey - WON

Struggling_Simon vs HBOS - Pending

--------------------------------------------

IF I HAVE HELPED PLEASE CLICK MY SCALES

 

Vigilantibus non dormientibus æquitas subvenit

Somper in excretia,som solem profundus variat.

 

 

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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That's the spirit, Simon. I think you've said enough, don't you?

 

Just sit tight and wait to see if an actual agreement turns up. Take things from there. But as you've rightly pointed out, if there never was an agreement, then their comical attempts at justifying their somewhat extortionate interest rate will be so much toilet paper.

 

Actually, our elusive Ms. Robertson has a point. They ARE allowed to charge an equivalent rate as that of the original agreement, IF such a beast exists that is. BUT. If they don't HAVE the original agreement, as quite clearly they don't at the moment because they say they have to go back to the OC, how the HECK do they know what the interest rate was in the first place?

 

And by definition, how many non-CAGGERs are they duping into paying an interest rate over and above any alleged interest rate that MIGHT have been agreed????

 

They're at it. They really are. And it's making me annoyed. :mad: I'm off to my blog for a rant.

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My point being that charging £500+ in interest for a period just over six weeks is hardly an equivalent rate as the orginal, don't think I would have entered into such an agreement.

 

I expect that the CCA request will be delivered by Monday, so I'll soon know...Or maybe not ;-)

---

 

Mr. Seahorse, I've just read your rant in the other place, and I'm very tempted to ask that very same question, but I'll leave be for the moment.

 

Mr Cabot, Can you please demonstrate to me how you calculated the increase, and where are the documents which prove you are basing your rate upon the original agreement?

 

If the new figure is right, why does the dodgy 'default' record on my credit file show a differing value .... aren't you supposed to ensure that the records placed there are accurate, 'cos I'm pretty sure that you are obliged to under the Data Protection Act?

You Cheeky monkey!

Struggling_Simon vs Cabot - WON

Struggling_Simon vs Abbey - WON

Struggling_Simon vs HBOS - Pending

--------------------------------------------

IF I HAVE HELPED PLEASE CLICK MY SCALES

 

Vigilantibus non dormientibus æquitas subvenit

Somper in excretia,som solem profundus variat.

 

 

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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If you keep pushing them, quite often they'll tell you that they are NOT adding any interest whilst the dispute is ongoing. How absolutely charming of them. ;)

 

Of course, if they can't prove diddly, then they can add all the interest they want, cos they'll never see a penny of it. :D

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Except that I have it in writing from them, and signed to boot!

 

Have a look at the attached files. I don't see how the fact that they have added interest could be denied.

 

We'll see what transpires, but thanks for your continued support.

I guess nothing more to be said for a couple of weeks, at least.

Cabot_13_10_2007_copy.pdf

Cabot_28_12_2007_copy.pdf

Struggling_Simon vs Cabot - WON

Struggling_Simon vs Abbey - WON

Struggling_Simon vs HBOS - Pending

--------------------------------------------

IF I HAVE HELPED PLEASE CLICK MY SCALES

 

Vigilantibus non dormientibus æquitas subvenit

Somper in excretia,som solem profundus variat.

 

 

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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update - CCA request letter delivery confirmed.

cabot_Track_Trace070108.jpg

 

 

By my reckoning, that makes d-day Thursday Jan 24th 2008.

Struggling_Simon vs Cabot - WON

Struggling_Simon vs Abbey - WON

Struggling_Simon vs HBOS - Pending

--------------------------------------------

IF I HAVE HELPED PLEASE CLICK MY SCALES

 

Vigilantibus non dormientibus æquitas subvenit

Somper in excretia,som solem profundus variat.

 

 

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Seahorse, I'm fired up about this because -

 

I had a run in with CSL,recently, bloody clowns! The matter at that time concerned a mobile phone I had from 3. No sooner was that matter settled (only 4 months after the contract finished, letter from 3 to prove it), after a further 6 weeks of harrasment, CSL received a STOP CALLS letter from me.I never heard from them again, because they had passed it back to 3. Game over. Contract is finished, after that no benefit can be gained from it.

 

I will get round to a complaint letter to Mr Hutchinson, not top priority, as the account is clear, showing 1 missed payment in the CRA reports.

 

The very next day, guess what, A letter from these golly chaps!

 

I simply telephoned them to ask if they would remind me of who the OC was. Could I have a statement of account since your assignment, and a breakdown of any costs.

BOOM!

Sorry matey I WILL not be shouted at nor talked over, I refuse to be made in fear of ( 'in terrorem' , bad starting point) your attempts to coerce me into 'making a payment' the amount of which alters from letter to call, and letter to letter.

 

There's a glaring lack of logic to them, to wit - not only unconvicing, but also obviously transparent, ahem ,res ipsa loquitur, as it were.

 

(For those reading in non latin please refer to the signature,

Somper in excretia, som solem profundus variat means Always in the crud, only the depth that varies.)

 

..................................D-Day is coming! :)

Struggling_Simon vs Cabot - WON

Struggling_Simon vs Abbey - WON

Struggling_Simon vs HBOS - Pending

--------------------------------------------

IF I HAVE HELPED PLEASE CLICK MY SCALES

 

Vigilantibus non dormientibus æquitas subvenit

Somper in excretia,som solem profundus variat.

 

 

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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UPDATE

 

My,my aren't the lovely chaps over at West Mailing paying attention.

 

Today, I received a letter from Cabot. I'm impressed, was posted the day they got my CCA request.

 

Alas, it's only a template (reference:CCA008, no less).

Reply2CCA.jpg

 

 

I shall disect at my discretion and respond accordingly.

 

 

I wonder, Did their previous template(CCA007 one would assume) make reference to the Law of Property Act 1925, in days of yore?

 

Aye ,Aye,

Ah ken yer game,pal.

 

ya diddy.

 

 

Please do feel free to comment.

Struggling_Simon vs Cabot - WON

Struggling_Simon vs Abbey - WON

Struggling_Simon vs HBOS - Pending

--------------------------------------------

IF I HAVE HELPED PLEASE CLICK MY SCALES

 

Vigilantibus non dormientibus æquitas subvenit

Somper in excretia,som solem profundus variat.

 

 

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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A REAL signature from the lovely Ms Robertson????

 

And looks like they have amended their template too. :D

 

Can't remember about their assertion re. LOP. I THINK it may have been in response to letters further on in the dispute. I'd have to check through my Big Bundle of Cabot Guff. ;)

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Response #1 :To the lovely Ms Robertson (attached) sent 1st Class today.

------------

2x Times Data Protection act 1998, Subject Access Requests

To Both Cabot(UK) Ltd. and Cabot (Europe) Ltd.

 

Those will be deleivered Monday.

 

Any comments?

MyReplyCCA_copy.pdf

Struggling_Simon vs Cabot - WON

Struggling_Simon vs Abbey - WON

Struggling_Simon vs HBOS - Pending

--------------------------------------------

IF I HAVE HELPED PLEASE CLICK MY SCALES

 

Vigilantibus non dormientibus æquitas subvenit

Somper in excretia,som solem profundus variat.

 

 

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Today is the 16th of January.

 

I have a nice letter, dated 14th.

 

An Acknowledgement of my Subect Access Request. They recommend/suggest that I S.A.R (Subject Access Request) Citi Financial

  1. Who may have information on you which we may not hold.

    (meaning .. we don't have what you want.)

    It's a good thing then, I posted the subjest access request to Citi Financial was signed for on the 4th... is due to breach on March 7th.

    No acknowledgement yet from Citi).

     

     

     

Struggling_Simon vs Cabot - WON

Struggling_Simon vs Abbey - WON

Struggling_Simon vs HBOS - Pending

--------------------------------------------

IF I HAVE HELPED PLEASE CLICK MY SCALES

 

Vigilantibus non dormientibus æquitas subvenit

Somper in excretia,som solem profundus variat.

 

 

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Puts paid to their claim that they have bought everything lock, stock and barrel. If t'were so, surely they would have ALL the data pertaining to your account.

 

But as we all know, that's an impractical proposition in light of how many debts they buy. But that's hardly OUR concern, is it?

 

As an aside, I see Citgroup have announced even more redundancies in light of the sub-prime fiasco (on top of the 17,000 globally already announced). And dividends will be down in an effort to save some $5 billion. Shame, innit? ;)

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I have an update - I have had a Identity form to fill for Citi in regard to my SAR in yesterdays post.

Struggling_Simon vs Cabot - WON

Struggling_Simon vs Abbey - WON

Struggling_Simon vs HBOS - Pending

--------------------------------------------

IF I HAVE HELPED PLEASE CLICK MY SCALES

 

Vigilantibus non dormientibus æquitas subvenit

Somper in excretia,som solem profundus variat.

 

 

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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