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    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
    • whats the court claimform for? return of goods order? please complete this:  
    • std DWF letter. typically £157 something. lots of them here already doesn't say WILL anything. read it properly dx  
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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Frankly I don't think that is any accident.

      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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Morgan Stanley/Goldfish Cabot are now chasing advice please


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If my experience is anything to go by, once you have the "contact them yourself" letter, you won't hear from Cabot again. That does not mean to say they won't pass it on to another DCA, which in my case didn't happen. Each individual case is different so there is no way what will actually happen in your case. I give you my experience with Cabot in support. I think you will have understood this and don't need the obvious pointed out to you.

 

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.

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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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.

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 give you my experience with Cabot in support. I think you will have understood this and don't need the obvious pointed out to you.

 

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

  • Haha 1

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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:mad: Wot about the rest of the Cabot Fan Club matey? :mad:

 

 

millyuns of posts - millyuns and millyuns we almost got a personal invite from our Ken! :D

 

 

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

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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Seahorse's view is only one view. I don't agree with him and I doubt if he has been any more successful in dealing with creditors than I have.

 

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... :lol:

 

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

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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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

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 agree with Seahorse, Tbern and Andrew1 -- They talk sense they do

 

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

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 think I will rest comfortably on my laurels - I put my house into Trust so it's totally untouchable and Cabot cannot do anything without any credit agreements. I'm not fussed about my credit rating because I don't need it so they can turn up in years to come if they like. Thanks for all the advice - and for sending the moll along too! Lmfao.

 

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.

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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