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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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Cabot refuses to provide debt details returns PO


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Cabot wrote to me on 25th March 2008 informing me that they had 'recently bought the account I held with Goldfish Bank', and requested payment. I naturally wrote back with the 'standard letter' and postal order requesting proof of under s77/78 of the CCA 1974.

 

I've just received a letter back where they inform me 'The Cabot Financial Group is not obliged to provide this information but we are pleased to help and have requested the documentation for you from the original lender'. The have also returned the postal order.

 

The seems against the CCA. Just wondering what I should do here? I naturally haven't admitted the debt.

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Hi,

 

Apparently it's common for Cabot to return the P.O.

 

This is their standard response to a CCA request.

 

Wait and see what they come up with but remember that the clock is now ticking for them to comply with the time limits to supply.

 

That's 12+2 days and then a further 30 calendar days.

 

PV :-)

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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Hi, Golfpro.

 

Just file under ignore, until they comply with your CCA request.

 

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Nice one Poss,;)

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi,

 

Thanks. Cabot's was quite a confusing reply:

 

1. They state they are not obliged to provide the information.

 

2. Have passed the buck back to the original lender (will that include a 'deed of assignment'?)

 

3. Then state 'WE anticipate we will be able to provide this information within 12 days'.

 

Just wondering. Should I 'insist' they accept the P.O. for this? By them not doing so, does it get them out of their responsibility re the CCA?

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hi,

 

the £1 fee is not mandatory.

 

all you should do now is WAIT!

 

this is the hardest part of this process... you feel much better when you're being pro-active... waiting's really worrying... and boring :-)

 

Sit tight, try not to worry.

 

PV :-)

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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Afternoon Scott!

 

Cheers Man!

 

PV :-)

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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hi,

 

the £1 fee is not mandatory.

 

all you should do now is WAIT!

 

this is the hardest part of this process... you feel much better when you're being pro-active... waiting's really worrying... and boring :-)

 

Sit tight, try not to worry.

 

PV :-)

 

Agreed. I'll sit tight. Thanks to all for the advice.

 

GP

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The £1 fee is mandatory if you want to force their hand.

 

By returning it without your protest they can claim that you accepted their position

 

In the meantime write back refuting their claims & mention that as far as you and the law are concerned the clock started running from the date of your original request

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The £1 fee is mandatory if you want to force their hand.

 

By returning it without your protest they can claim that you accepted their position

 

In the meantime write back refuting their claims & mention that as far as you and the law are concerned the clock started running from the date of your original request

 

Having had a scan through previous Cabot threads earlier this morning this is my concern. That by accepting the PO return with out protest I am effectively (as suggested) accepting their position.

 

GP

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Icannot see any reason to return the £1 to Cabot. I have had the same response from Cabot. Their letter admits they received the £1 by returning it to you. Therefore you have complied with the CCA 1974 and it is for them to do likewise. These tactics used by them are to confuse you into thinking you are wrong in insisting that they have to supply a valid copy of a CCA. The law is clear, they have to and they know it.

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mojo In an ideal world yes but unless you haven't noticed we ain't in an ideal world & what THEY know isn't relevant it's what they think THEY can get away with that's important

 

If the OP does not respond as suggested they WILL use that as mitigation to defend their actions in court or elsewhere

 

Even if the court takes any notice the DCA WILL claim "we thought the consumer accepted our position Sir because we returned the payment, with an explanation & they said now't"

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Doesn't matter what GP thinks. Even if he WAS persuaded by Cabot's chicanery, the fact remains... the law is the law.

 

The thing to remember is, for Cabot to be correct, they must join with the original creditor in any action. But they never will.

 

What will likely happen is, they will write, and their template is such that they virtually admit that they are obliged to adhere to the Act. Unless, of course, their template writer is reading, and gets busy with the template-o-matic sharpish. ;)

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Cabots standard reply states that they have requested the original CCA from the original lender. They know they have to supply it.

 

I always send a Default letter after 12 days stating that they will be committing an offence if a CCA is not received in a further calendar months time. By doing this they know you are not accepting their blustering.

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Seahorse the problem with your belief although correct is that if the DJ is persuaded by their 'chicanery' it might be too late to do anything about it. - unless you have evidence that you didn't accept their position

 

We can all pontificate about what's right & what's wrong , what's the law, all day long but in end it's about winning. It's about tactics not necessarily about what's right or wrong

 

I also think it would be particularly galling if they won their argument because of an ommision by the consumer

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It's all a technicality really JC. If it got to the stage of Cabot initiating court proceedings, without an agreement, they cannot win. It's all a bit of a red herring, this Rights but not the Duties nonsense.

 

All JG needs to remember is, a lack of a properly executed agreement is a complete defence to any litigation. So even if they say they don't need to produce one now, they WOULD have to do so in order for a judge to enforce the debt. So if one actually does exist, they'll be VERY quick to produce it, don't you worry.

 

I would favour the "wait it out then complain", tactic. Once the 12 working days have passed, send default letter as mentioned earlier, then followed a further 30 days later by a reminder that they are now in criminal default. Once their own complaints procedures have expired, then complain to the FOS without further warning. That will cost Cabot £400. They can then argue with the FOS about the CCA not applying to them and see where it gets them.

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I know it is slightly different but the principle is the same. Hbos wrote to me saying that I had not suplied £10 for my charges to be produced and that they will not supply them with out it. My reply was:

 

26th March 2008

Lee Gilbert

Data Subject Access Request Team

Customer Relations

10 Carlton Street

Halifax

HX1 2AL

Your Ref: xxxxxx

Acc No. xxxxxx

Re: request for £10 payment

With reference to your letter dated 19th March 2008 in which you requested £10, Your bank has already cashed the cheque which was enclosed with the original letter dated 29th February 2008 and signed on behalf of your bank on the 3rd March 2008. The cheque was cashed by yourselves on the 6th March 2008.

The letter is in no way misleading and it is clear that £10 was to pay for the request.

If you have any other problems in meeting your obligations please do not hesitate to contact me by letter.

Yours faithfully

 

 

Amend and send, I agree with the census that you need to rerply to avoid missunderstandings and make sure they don't missunderstand what the £1 was for and that it's their obligation

 

Kel

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Seahorse Nothing technical about it I'm afriad.

 

As some here already know courts award judgement to DCA's & OC's all day long without ever seeing a properly executed agreement or much else for that matter

 

OP do as kel suggests

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