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    • No I get what you're saying and that is fair enough if that's the way it is, but the issue is that the Judge has agreed that I part exchanged my car against a new car but then failed to acknowledge that it was a deposit of some form. To trade my car in and get a discount of a new car constitutes as a deposit by legislation. The Judge has conflicted himself and this is where he is misinterpreting the law.  I also shouldn't have had a scrappage discount and a dealership discount together, it says so in their terms and conditions, which in itself makes the agreement improperly executed at the very least.  This may all make more sense when I upload the trial bundle, it's over 160 pages though so taking a while to redact my information 
    • the scrappage scheme is nothing to do with the agreement ...sorry. it's an enticement to purchase a replacement vehicle. just the same as shop signs that say 50% off or whatever.  its a done and dusted deal done before you enter into the agreement for the remaining £sum. 
    • don't get too hung up on the real meaning of 'fake' in terms of the documents a claimant might produce relating to a potential court claim. by fake we typically mean, they are not obviously the 'real McCoy' ,100% associated with whatever credit they are trying to pin on punters. they are often of the right 'version' that an OC would have used for that particular take out date, but with details inserted in a diff font where they should be for say your name address DOB etc. All DCA's typically  have filing cabinets covering each year for most creditor, whip 'em out, scan and copy n paste your details onto them, even easier now with online sign ups. no hard copies ever sent cause 90% of mugs have lost them..... one of our most powerful tools is the fact any docs they produce, unless they state they are 'a reconstruction'  MUST come from the original creditor noty some hidden pile the claimants have. Link are absolute masters at this so dont stick to lowell threads. dx    
    • Driving home last night I contacted wing mirrors with a car coming the opposite way. The wing mirror folded in and the glass popped out. Very minor damage.  I stopped at the next layby (A road) to repair the mirror. A passerby stopped and said they saw the other car stopped behind me in another layby - they went back and passed over details so we could get in touch.  The conversation started cordially, but quickly got heated when I said I was well on my side and they drifted over (which is what happened).  I wasn't going to bother filing a claim as there isn't enough damage to justify it. I've said to the other party lets just call it quits as there are no witnesses and we both think we are innocent.   they said they are contacting the police and insurance and that they have witnesses. But a quick facebook search found a post by the other person saying they were in a crash, and were 'spun' off the road. Picture of a broken wing mirror and a slight scuff on the front and rear wheel arch. they are asking for witnesses. I have screenshots of the post, and sent them another message saying I can see you don't have witnesses as you are appealing for them. I'd really not drag this out. Lets call it quits and move on. this was followed by a couple of messages that didn't really make much sense. e.g. 'do the right thing'. What should I do now?  Contact police?  Contact my insurance? - Can I tell them about this incident but say I dont want to claim? Will that affect my premium?  
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Alan V Cabot


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Back in 2002 I had a Credit Card with Providien which then became Monument, I got behind with the repayments, the debt was then passed on to RMA, then, later CABOT, I have been doing battle with them ever since,

I sent a CCA request on Feb 14th 08, I recieved this letter from them ( not scaned )

it goes like this:

Your Request for infomation under the consumer credit act.

 

We acknowledge receipt of your request under sections 77 and /or 78 of the consumer credit act 1974

 

The Cabot Financial Group is not obliged to provide this information but we are pleased to help and havealready requested the documentation for you from the original lender.

Cabot Financial does not accept the statutory fee required under section 77 and/or 78 of the Consumer Credit Act 1974 and as a result Cabot has returned the fee for 1.00 that you have sent.

 

What Happens next

We anticipate that we will be able to provide this information within 12 days. In the event we are unlikely to obtain this information within those time limits, we will write to you again.

 

Contacting Cabot

 

If you have any queries about your account or any payment options, call one of our helpful customer advisors on 01732 524615

 

in the meantime we thank you for your co-operation.

 

Yours sincerly Emma Robertson

Customer Relations Manager.

 

I wrote back and told them in no uncertain terms that the Original Time-frame still exists and they have to comply by law and returned the postal order

can't wait to see what they come up with next.

Well on 28th Feb 08 they returned my Postal Order again with a letter word for word as the 'above' letter.

I then recieved the following letter on the 29th Feb 08:,

We write further to your request for infomation under sections 77 and/or 78 of the Consumer Credit Act 1974.

Although Cabot has requested the information, the original lender is experiencing a delay in retrieving the information from its archives.

We shall send the information as soon as we recieve it'

The Status of your account

We will as a gesture of goodwill put your account on hold untill we recieve further communication from the original lender

ETC.

 

They Have reduced the amount I currently owe to what it was when the debt was sold to them.

 

I'm not quite sure what to do next, do I write and remind them that the 12 days have ellapsed and they have defaulted, and now have one month to rectify their default, or just wait and see what they come up with, if anything.

any views welcome'

Alan

 

 

 

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Hi Alan

 

This is the ususal standard bumf from Cabot. And yes, they always send your £1 back ;)

 

 

You don't have to do anything. Just let them get on with retrieving your CCA (if they can actually find it, that is). Make a note of the dates of posting. The 12 working days start from the date after receipt by Cabot when the account effectively is in dispute. After a further calendar month, Cabot have committed a summary offence.

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Well it's now Friday the 14th March, 9 days over the 12 day deadline and well into the one month, recieved this letter from Cabot today.

Dear Mr ----------

Your request under the Consumer Credit Act 1974

We recently wrote to you informing you that the original lender is experiencing a delay in obtaining information from their archives. Although 24 days have passed since your request, we hope to be able to send the information to you shortly. We shall remind the original lender that your information remains outstanding and should be processed as a matter of urgency.

We apologise for any inconvenience you may have experienced as a result of this delay.

 

The Status of your account

Your account shall remain on hold until further notice.

 

ETC.

 

Yours sincerely

E. R------

Customer Relations Manager

 

I like the 'apologise for any inconvenience' bit, the longer they take the better.

Alan

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They appear to have re-vamped their standard template letters Alan.

 

Hmm, just had a thought after looking at your first post on this thread, do you have any idea when you last made a payment/acknowledged the debt in writing with Providian?

 

Just looking at the Statute Barred angle ;)

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Hi Brassed off,

I've just been going through my Statements, The last payment made to Providian wase made on 31st july 2003 and was told account is overlimit and £11 in arrears,(Current Balance £352 ) "do not use the card in the meantime".

Then in November Providian became Monument.

17th March my account was closed by monument.

3rd June 2004 I recieved a letter from RMA (Risk Management Alternatives) saying that Monument have instructed them to collect the full overdue balance of £626, I made one payment to them £75. then had no more contact from anyone untill the debt was sold to Cabot in June 2006 I made one payment of £55 in October 2006. I then Disputed the whole debt and started the Penalty Charges process (but that's another story, very interesting one though)

Alan

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  • 4 weeks later...

UpdateCabot still have not complied with my CCA Request, well over the 12day + one month deadline, they just keep sending me letters ever fortnight, saying they have requested the infomation from the original creditor (monument), and that I may request it from the original creditor myself if I wish, in the meantime as a gesture of goodwill they have put my account on hold. I recieved this letter today, from a company called The Clarkson Hill Group PLC. Independent Financial Advisers Suite 20, 40 Churchill Square, Kings Hill, West Mallimg, Kent, Inviting me to a Free Inheritance Tax Planning Seminar at the Conningbrook Hotel, Ashford, (nothing to do with my Cabot/Monument dispute) but I find it interesting that Cabot have given them My Name and Address without my permission, I know that they are all part of the same group, and will do a webcheck shortly to confirm this.As I understand it, If my account with cabot is currently subject to an uncomplied with CCA Request, cabot are not allowed to pass my details on to a third party, even if its within the same group of companys.Has anyone any views on this Alan

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I know Clarkson Hill they are quite a large firm with an Aims listing, they would have purchased your name from a data source available from a marketing company.....Its not very likely they would look to include anyone with debts in this list as the criteria would predominantly be homeowners, income over £50k assets over £100k age 40 plus....

 

Many IFAs work like this buying in lists and for every 1000 invites they get 2-3 people turn up.......

 

I dont think they are anything to do with Cabot

 

Clarkson Hill Group - Home Page

Live Life-Debt Free

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But it IS very interesting that they both come from the same area. In my VERY humble opinion, it all seems like way too much of a coincidence.

 

Whilst Cabot MAY have consent to share data as per any agreement that MAY have been signed, they certainly have NO consent to share that data for any other reason than to be able to administer the account.

 

There must be a way surely, to find out what, if any, companies sell data on. We all know that once Cabot becomes involved, there appears to be a rather strange increase in the amount of junk mail and cold calls received. Usually debt or finance related. Coincidence?

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But it IS very interesting that they both come from the same area. In my VERY humble opinion, it all seems like way too much of a coincidence.

 

Whilst Cabot MAY have consent to share data as per any agreement that MAY have been signed, they certainly have NO consent to share that data for any other reason than to be able to administer the account.

 

There must be a way surely, to find out what, if any, companies sell data on. We all know that once Cabot becomes involved, there appears to be a rather strange increase in the amount of junk mail and cold calls received. Usually debt or finance related. Coincidence?

 

It should be in an Subject Access Request served on Cabot. I have made requests to companies who have sent me flyers and traced back all sorts of things, often to places like Registry Trust who register all the CCJ's in this country and sell the data on for Vaaaast amounts of money to loan companies.

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Hi,Andrew, At the bottom of the letter Their Head Office address is Alexandra House, Alexandra Road, Wisbech, Cambs PE13 1HQ, Reg. in England 4310108.I did a webcheck on this address and the Company Number is 04310108.Previous Names: 20/11/2002 The Clarkson Hill Group Limited27/08/2002 City & Merchant Financial Services LimitedB3rty and Seahorse, It is, in my opinion too much of a coincidence, I dont trust Cabot, I'm tempted to ring Cabot and ask them outright, (not that they would own up), Alan

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Dont waste your time Clarkson Hill are nothing to do with cabot, they have circa 300 iFAs who are use their name as a trading style a little like a franchise, these IFAs all work independantly from each other and this will be one of their firms in Kent..

 

Think about it they want you to go to a seminar where they will show you how to pass your money on to your children so they dont have to pay IHT on the amount over £600k........if you fall into this catagory then great go along and learn how to avoid this tax ..if you dont and you went along you are taking up a seat and enoying hospitality at circa £20 a head and theres nothing they can do for you so whats in it for them?

Live Life-Debt Free

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Hi,Andrew, At the bottom of the letter Their Head Office address is Alexandra House, Alexandra Road, Wisbech, Cambs PE13 1HQ, Reg. in England 4310108.I did a webcheck on this address and the Company Number is 04310108.Previous Names: 20/11/2002 The Clarkson Hill Group Limited27/08/2002 City & Merchant Financial Services LimitedB3rty and Seahorse, It is, in my opinion too much of a coincidence, I dont trust Cabot, I'm tempted to ring Cabot and ask them outright, (not that they would own up), Alan

 

I have not come up with any obvious links to both companies, might be just the local pub contact! B3rty is probably right, just a co-incidence until we find out otherwise ;-)

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