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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      Group Nexus ANPR PCN Claimform - Cannon Lane Retail Park, Tonbridge, TN9

      By Hopgarden · Posted

      Hi Sorry for uploading them wrong. Im not technical at all and self taught so bear with me as im trying my best. Thank you for all the info regarding the signs, this was my thoughts as well. Yes they have changed teh signs since this happened Ill ahve to have a look back through and see if when I took the pictures they were already the new ones or I have the old ones. I cant remember off hand. With regards to Europarks running the site now, Just to make you aware there is another small retail park just across the road and Im sure they are Europarks. The shops within that park are just Aldi and B & M. The site that we received the NTK has a few more shops, Home bargains, The food Warehouse, M & S food and a few others. I put these for identififcation purposes just in case it is the other site that you were looking at. The main entrance sign is on the bend on the left as you drive in the entrance so when you drive in from the right and turn in you can see it in front of you but if you drive in from the other way as we do then you dont see it unless you know its there and as you say you would have to stop to read it al anywayl. The main thing that always jumped out at us was FREE PARKING FOR CUSTOMERS ONLY in large letters. Please find the notice of hearing date attached and an offer letter I received from the vultures DCBLegal this morning,    notice of allocation group nexus.pdf vulture offer letter re group nexus.pdf
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      Good Afternoon Stu,  Many thanks for your reply. I will do as you suggest and email them for the exact terms. I shall have a look through the Tenancy Agreement too  myself  
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      You need a back up plan. If you believe that redundancy is very likely, start looking at other employment options.  Don't leave it until you have been made redundant before looking for new employment. I regularly speak to people who have been made redundant and about mental health. Those who have a positive plan, get into employment quickly following redundancy and manage to maintain their finances. Those who don't have a plan, decide to accept redundancy and a period of unemployment. They end up in a downward spiral, with redundancy money spent, debts accumulated, mental health decline and difficulty finding new employment.  
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      Homeowner - Struggling to now pay minimums on unsecured debt

      By WornOut55 · Posted

      Interested observer here as I'm in a similar situation. People become conditioned into seeking and maintaining a perfect credit score/file, but if your situation is that you're unlikely to obtain further credit for the foreseeable future anyway due to your other outstanding debts, then tanking your credit file now won't make a difference other than you've took back control of your finances.
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      Firstly, I would like to thank everyone for their help in this matter. Since my last post I have received a reply from Plymouth Council Insurance Team concerning my wife’s accident (please see enclosed letter and photo of the offending Badminton post) which they deny any responsibility for the said accident. I feel that the Council is in breach of their statutory duties under the following acts: The Leisure Centre was negligent in its duty of care and therefore, in breach of the statutory duty owed under section 2 of the Occupiers’ Liability Act 1957. Health and Safety at Work Act 1974 (the Act) to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees, and others who might be affected by its undertaking, e.g. members of the public visiting the Leisure Centre to use the facilities. The Management of Health and Safety at Work Regulations 1999 that requires employers to assess risks (including slip and trip risks) and, where necessary, take action to address them. The Provision and Use of Work Equipment Regulations (PUWER) require the risk to people’s health and safety from equipment that is used at a Leisure Centre be prevented or controlled. I would like some advice to see if my assumptions are correct and my approach to obtaining satisfactory outcome to this matter are accurate. Many thanks   PLM23000150 - Copy Correspondence.pdf post docx.docx

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Cabot/Morgan Solicitors-Court Action (ex Goldfish account)

barns66

By barns66
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barns66

barns66

Posted
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Posted (edited)

Hi DD,thank you very much for all your kind help to me regarding this,i wiill get a letter put together and contact Morgans again.I have asked them before but get nothing more than they have already sent me,I checked the court to see if they received my documents sent on Monday,special delivery and they received them this morning at 08:45.I keep looking through the raw data material they sent me and i can not find anything where they ask Goldfish the agrrement they only ask for the application form.Once again DD thanks a lot.

 

barns66

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Desperate Daniella

Desperate Daniella

Posted
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I think you should say you wish to receive a copy of the actual signed agreement within seven days or you will report them to the court for withholding the document. Under Court Procedure Rules something or other it states that a party cannot withhold documents which adversely affect their case. I'll look it up for you later so you can quote it to Morgans. Supper, bed and bath for darling daughter happening now.

 

I had some idiot DCA telling me last week that by signing the application form I was signing the agreement, but the application form I signed didn't have any prescribed terms, as far as I can remember, which explains why they don't want me to see it!!! Anyway, that is my argument with several of them at the moment. On another case, nothing to do with this stuff, I did report the other side for failing to produce documents, and they then asked if I would agree to an adjournment...... It's still adjourned.

 

Back in a bit.

 

DD

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Desperate Daniella

Desperate Daniella

Posted
Posted

CPR 31.6 (b) (i)

 

Standard Disclosure requires a party to disclose only:

 

a the documents on which he relies and

 

b the documents which

(i) adversely affect his own case;

(ii) adversely affect another party's case;

(iii) support another party's case.

 

So, if they have the agreement which has no prescribed terms they must disclose it, or they must admit they don't have it, and this is in CPUTR 2008:

 

You are obliged under Consumer Protection from Unfair Trading Regulations (CPUTR 2008) to confirm in writing whether or not Goldfish or yourselves currently hold, or have ever held, in their or your possession, a properly executed Consumer Credit Agreement pertaining to myself. If no such document exists you are equally obliged to advise me of the fact.

 

Try that.

 

DD

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barns66

barns66

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Good morning DD,I will take a look at the thread you have posted,i have a quick question as the court as set a period that the trial will be held, but no firm date,can i still ask for the documents myself or as it goot to be done through court.Once again thank you veryy much for your help.

 

barns66

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cups

cups

Posted
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Hi

 

Just read that Cabot in the raw data are asking for the app form from the OC, they will say that this is a mistake by the person making the request, that in their world application / agreement are the same, and it is a mistake!!!

 

They told me that in court and got away with it!!

 

Cups

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Desperate Daniella

Desperate Daniella

Posted
Posted (edited)

That's a very good point, cups. After what happened to you, it's become very clear that they have got to be forced into providing a signed agreement (with prescribed terms) and cannot be allowed to provide an application where you, we, all of us, have agreed only to the terms (like data protection, credit reference searches, etc.) on the bit of paper we have actually signed.

 

DD

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barns66

barns66

Posted
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Posted (edited)

Hi,a quick update on this,i have now received a trial date.I am still waiting to hear from Morgans about what DD suggested.

 

I note on the Notice of Trial Date that allowed time for trial is 4 hours,The timetable for for trial may be agreed by parties,subject to the approval of thre trial judge.The claiment shall lodge at the court at least 7 days before the hearing an indexed bundle of documents contained in a ring binder and with each page clearly numbered.

 

A case summary (whuch should not exceed 250 ords) outlining matters still in issue,and referring where appropriate to the relevant documents shall include in the bundle for the assistance of the judge in reading the papers before trial.

 

The parties shall seek to agree the contents of the trial bundle and the case sumary.

 

Ech party must inform the court immediately if the claim is settled whether or not it is then possible to file a draft consent order to give effect to their agreement.

 

I received documents fro Morgans with a there costs last week,i do not understand it it just appears sometimes to be double charging.

 

Is there anything more i should be asking Cabot and Morgans to provide to me,.Thank you for all the help i have received on the forums from everybody.

 

barns66

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barns66

barns66

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Although not requested, I'd prepare your own trial bundle and summary to help the DJ.

 

Hi cymruambyth,thanks you for your welcome suggestion,i will do what you suggest.I will point out the date on the date cCabot send me the letter saying it was assigned to them and the date on the deed of the assignement,might make no difference. but will never know if i do not point it out.Along with other things i think are wrong.Thank you once again.

 

barns66

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barns66

barns66

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Hi,can i ask a couple of quick questions as i want to be fully prepared to defend this.Firstlly should i have been notified straight from Goldfish that they had sold the debt on to Cabot,the second question is can i ask Cabot how much they paid for the debt or get them to reveal to the judge how much they paid for it.

 

barns 66

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the_shadow

the_shadow

Posted
Posted
Hi,can i ask a couple of quick questions as i want to be fully prepared to defend this.Firstlly should i have been notified straight from Goldfish that they had sold the debt on to Cabot,the second question is can i ask Cabot how much they paid for the debt or get them to reveal to the judge how much they paid for it.

 

barns 66

 

IMO no you should not have been notified by Goldfish, it can come from either imo, the only requirement as I understand s136 of the land property act is that you ARE notified, not by who.

 

Yes you can ask to see the deed title but I dont think it'll help much, they will claim its sensitive and request the judge allows them to redact it and in all honesty he/she will so you wont get to see how much was paid, thats a commercial secret :-(

 

S.

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Hadituptohere

Hadituptohere

Posted
Posted

what you can show the DJ and has helped in a few cases ive seen is the amount of what cabot like to show as sensitive data that they blank out in black marker in what they send you as 'the deed of assingment' if you have a copy...

 

this have been proven to be insufficent in the past...

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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barns66

barns66

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Posted (edited)

Hi ,thank you Shadow and Hadituptohere fpr the information.I have a copy of the assingment with pages blacked out.I see the deed of assingment is dated 30th November 2007,i was not informed untill Aoril 2008 in a letter from Cabot that the debt had been assingned to them.I also know that i paid Goldfish a payment in early 2008.along with letters from Apex wanting to collect the arrears in January 2008 0n behave of Goldfish.Once again thank you for your kind help.

 

barns66

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Hadituptohere

Hadituptohere

Posted
Posted

very usefull :-) inclued that in your disclosure if you havent already

 

U can disclose further documents upon you discovering their relevance

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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the_shadow

the_shadow

Posted
Posted
Hi ,thank you Shadow and Hadituptohere fpr the information.I have a copy of the assingment with pages blacked out.I see the deed of assingment is dated 30th November 2007,i was not informed untill Aoril 2008 in a letter from Cabot that the debt had been assingned to them.I also know that i paid Goldfish a payment in early 2008.along with letters from Apex wanting to collect the arrears in January 2008 0n behave of Goldfish.Once again thank you for your kind help.

 

barns66

 

These companies always weave a tangled web... make sure your clear on your timelines and can produce the documents and add this to your bundle / witness statement in prep.

 

S.

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Hadituptohere

Hadituptohere

Posted
Posted

Great minds shadow, id have added to your rep had it have let me...

 

Hadituptohere

  • Haha 1

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Satterthwaite

Satterthwaite

Posted
Posted
what you can show the DJ and has helped in a few cases ive seen is the amount of what cabot like to show as sensitive data that they blank out in black marker in what they send you as 'the deed of assingment' if you have a copy...

 

this have been proven to be insufficent in the past...

 

Hadituptohere

 

Hadituptohere,Maybe its me but i did not understand what you mean by this, can you explain what you mean, thanks.I have a similar situation.

Dispatch, “We have a 911, Armed Robbery in progress, see Surplus Store corner of Peebles Drive and West 24th Street”

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Hadituptohere

Hadituptohere

Posted
Posted

Hi Satterthwaite

 

I read only the other day a thread where Cabot had produced a document which they claim is the Deed of Sale/Purchase, these documents arrive in their bundle and is 8 or 9 pages long But theres 8 and a half pages scrubbed out in black marker, Cabot claim this is case sensitive information and have a right to do this but in the case recently posted the DJ questioned this document and im pretty sure commented how that document proved no ownership. Mine contained my name and address and that they intended to purchase the debt nothing more.

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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