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    • I agree its about time but why has it taken for the National Crime Agency to flag this up for then to take action and not Ofcom.   Yet again a Government Agency that is meant to deal with this hasn't Ofcom but flagged by another Agency NCA.   If the telephone companies have this facility in place already to do this then why hasn't Ofcom been pushing them to stop all these scam calls and giving them massive fines for not doing so.    
    • Hi   Send this to them:   Dear Sir/Madam   Formal Complaint   Reference:            (insert their complaint reference number here)   Thank you for your response letter dated XX/XX/2021 which I received by email on XX/XX/2021 that contained your Original Email sent that showed due to your Maladministration that you had sent the Original Email containing my Personal Data to an incorrect email address due to spelling errors in the email address.   a)      Due to this Maladministration of this email being sent to the incorrect email address this email contained my Personal Data which is a Data Protection Breach therefore I require clarification from yourselves that this Breach has been reported to your Data Protection Officer and what action is being taken to ensure that my Personal Data contained in that Original Email has not been read by the recipient that you sent that email to with the incorrect email address.   As the email was sent by yourselves to my correct email address containing the original email showing the incorrect email address was due to spelling errors (maladministration) your IT Department will be able to obtain those emails sent.   If I do not get a satisfactory response that this has been dealt with by your Data Protection Officer, I will report this Data Breach to the Information Commissioners Office (ICO) https://ico.org.uk/make-a-complaint/   b)      Due to this Maladministration I failed to receive your Stage 1 complaint response within the allocated time limit for a Stage 1 response therefore this complaint should be dealt with as a Stage 2 Complaint and if you refuse to treat this as a Stage 2 Complaint, I require Full Clarification for your refusal.   I was placed in this Tenancy via the Rough Sleepers Initiative and I find your response about damaged/destroyed items that you would not be able to look into this as this happened 2 years ago but all tenants regardless of private or social housing are responsible for arranging their own contents insurance totally unacceptable as again, I was never notified nor informed of this requirement on taking up this tenancy.   I require clarification from yourself that when a New Tenant takes up a Tenancy Agreement with yourselves why are the not informed of this requirement of Contents Insurance which you should be duty bound to inform all tenants on taking up a tenancy agreement if such a requirement and it should also be noted within that tenants Housing File which you have full access to as dealing with complaint so I require clarification as well if this is noted in my Housing File.   You state multiple properties throughout the area were affected by sewage flood on the same day and the issue will have stemmed from the mains which is not your responsibility.   a)      You have failed to take into that the above statement from yourself blaming the Mains is without any actual evidence from yourselves to back up this claim therefore I require clarification as to what actual evidence you have and to be provided with copies.   b)      You also failed to take into account that in my initial complaint letter that on 12th July 2021 basement flats 1 & 2 were flooded by sewage exacerbated by blockage in the property’s drainage. The blockage has been confirmed by two contractors after the flooding including CCR who were subcontracted by Pyramid Plus that it was the properties drainage that was blocked. Also, while I was decanted from this property, I was contacted by CCR who confirmed that the drain was blocked but they could not access manhole as it was inaccessible as it is located in a utility cupboard underneath carpet, floorboards so how could this be the Main and not your responsibility when it is within the properties boundaries.   Your response about how complaints have been made by residents in relation to this issue is that your system does not allow you to find that information is completely unacceptable as your Housing Association should be able to produce these as part of ongoing repairs and maintenance/procurement processes to present these to your Board for there yearly Budget meeting if not why not.   Then you state you are under no obligation to share that information; therefore, your organisation is not being Open and Accountable to your Service Users and under which Article of the General Data Protection Act (GDPR) are you using for this refusal.   You have also failed to mention that I can make that above request under the Freedom of Information Act (FOI) and what is your process for such a request again not being Open and Accountable.   I await your response.
    • RE: EC261 Compensation   It's normal they won't have asked you to contact them . Your initial rescheduling was obviously done by a bot - and there was no human to notice the mistake, as far as the bot knew your scheduling was perfectly normal so there was no need to ask you to contact them.   As long as that was done 2 weeks in advance the carrier's liability to notify you is fulfilled.   (You could have contacted them there and pointed out that the new schedule was impossible. Unfortunately you didn't. Claiming you didn't notice is not likely to work in your favor)   The bot who sent you the 24h confirmation didn't notice the mistake either, obviously.   At some point a human or another bot finally identified the problem and that's when they called you. As far as they are concerned neither you nor them had noticed the scheduling mistake and they took it on them to notify you so you don't have a bad surprise when you try and check in.   However as far as I know, neither flight was delayed or cancelled. You could have taken both flights, if you had the power to be in two places at the same time.   So I don't think there is any scope to claim for EC261. But claim forms are free so feel free to try.     Then, you can certainly make an old fashioned claim (directly to BA)   What could perhaps play in your favor:   It's the carrier's responsibility to ensure that they don't sell you a ticket where the flyer cannot meet the minimum connection time or MCT.   This situation mostly applies to situations where the flyer doesn't know and gets caught. For example say you connect at LHR and you are given 35 minutes to connect. This may look just fine to an unsuspecting tourist, but in reality there is practically zero chance to make the connection, therefore the airline is liable here for selling you this ticket resulting in you missing your connection   In your case though it could be argued that even an unsuspecting tourist should be able to tell that it is not possible for them to depart 5 minutes prior to disembarking and therefore that you should have checked your notification more carefully.   The fact that the bot allowed such a glaring mistake to happen is certainly an argument in your favour shall you decide to make a complaint.     What doesn't play in your favor:   The airline obviously did their best to get you to your destination as soon as they noticed their mistake. They offered you more than one alternative (the first alternative would have got you in time at your destination, but you declined) and you then accepted another alternative, and fully travelled the ticket. That is a very strong position for them.     What did you lose and what do you intend to claim for?   You took the overnight connection so obviously you had to stay at an airport hotel. Is that correct? Did you keep the receipt for your hotel and meals?   You certainly should have asked them on the phone when negotiating your re-route that they provide a hotel. Within 20hrs of the flight it's something they would most probably not have denied to you (but airlines will generally avoid offering off the bat. Why lose money when a customer is just going to roll with it and pay for their own stay anyway, right?). After the fact it's going to be a lot more difficult to claim.   I do certainly think it would be reasonable to try and write them a polite but firm letter to claim for that. Not 700 euros, not damages and hardship and all that jazz, just the extra expense you incurred following a scheduling mistake that they made (that should have never happened) and that they didn't notice until way too late in the day , with your categorical inability to leave 3 hours earlier (you had very important business meetings or something critical, it certainly wasn't just convenience) and the extra costs incurred, and asking that they kindly provide compensation for the hotel and meals, which you feel it was their duty to offer you and you are politely disappointed that they didn't, and thafully you happen to have kept all the receipts. Put Alex Cruz on copy for good measure.   No guarantee but I feel it has a fair chance of success. Most probably you will be offered a heap of Avios instead of cash. It's then up for you to decide whether you want to accept that. Personally I wouldn't bother going further, but that's just me. See if anyone here disagrees, and do let us know what you decide and keep in touch with how it went.            
    • Well done El21.   You put a lot of time and research into that WS which paid off.   Funny that the Judge only mentioned that the NTK was  not compliant with regard to the time period but not query that you had not breached their T&Cs so never liable for a PCN in the first place.   Pity that since had the Judge thrown out the case you would have a great chance of claiming several pounds from them through a breach of GDPR.   I have used that time period argument before as the reason for the NTK being non compliant and it hasn't been mentioned by the Judge  so you have to put everything in to your WS since the Judge only has to pick one of the  points in your favour to throw out the case. 
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Cabot Say Debt Not Statute Barred: What Do I Do Next???**WON**


PossVox
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Whilst I agree its unlikely they would be foolish enough to pull a fast one its not beyond possibility. They certainly would not be the first shower of s**t to tell a debtor they were not continuing and then seek a sneaky default judgement.

 

I absolutely agree ODC ...you can never be too careful. Keep your eye well and truly on this particular ball.

 

Also drop a line to the OFT. Link below shows they are onto the Charging Orders business now and I am pretty sure that's what Cabot were up to with you. I would complain to the department named in the link and c.c. to the Credit licensing dept at the OFT - you should find an email address on their web site. If not just send in the mail.

The Consumer Forums - Announcements in Forum : Debt Collection Industry

 

The OFT has just stuffed the DCAs issuing of Statutory Demands and given First Credit and almighty rollicking they are now turning their attention to the abuse of the Charging Order. If they keep this up these bottom feeding DCAs will soon be out of business. We can only hope.

Edited by Rhia
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Just a word of warning. Unless you hear OFFICIALLY in writing from the COURT then you should attend.

 

Agree with ODC, phone the court asap, ask whether the court has received their Notice of Discontinuance.

 

Do we trust them? does anyone who knows them? NO!

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Thanks to everyone for their comments, all sound advice as ever.

 

I won't allow myself to believe that i'm completely out of the woods yet, not until

 

a) i have the notice of discontinuance in my hand and

b) the court confirm that they have their copy.

 

We all know how devious these people can be.

 

Nothing in today's post but I only spoke to the "solicitors" yesterday afternoon so i'm prepared to wait until early next week before i start kicking off.

 

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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You could always turn up anyway asking for a wasted costs order/expenses?

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Nice idea emma but i want to avoid the hearing because i'm supposed to be away on holiday that week!

 

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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I'd just keep ringing the court.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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That's not fair on snakes!

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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I agree to keep an eagle eye on the schmucks but the Notice of Discontinuation will also go to the court so they can vacate the date of the hearing.

 

Hodson's will have called you on Friday to say it was happening. Their letter/notice of discontinuation should be here today; tomorrow at the latest. Keep it and the envelope. Let the court have a copy of the notice without delay.

 

Do not halt any action until you have the actual Notice.

 

However - in my experience with Cabot/Hodson's AKA Morgan's - once they say they are discontinuing they do actually do so. After all they have utterly failed to frighten you into a last minute offer. They know you have rumbled them. Evidentially they are up sh1te creek so why carry on? Plenty of unsuspecting people to frighten (until they find CAG that is).

Edited by Rhia
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Hi,

 

Update:

 

Phoned local county court a few minutes ago and they have received the notice of discontinuance and actioned it! Hearing before allocation also vacated.

 

Letter in the post from cabot to say thanks for my email of comlplaint and that they are investigating and will be in touch within 10 days. Also enclosed their complaints procedure, boy am i going to be using that information to its fullest!

 

Thanks to all CAGgers who've helped and supported me so far, i just need cabot to close my "account" and bog off for good now.

 

PV :-)

Edited by PossVox
bad typing!

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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Cheers mate!

 

Do you expect them to close my "account" and disappear now? If they really ARE investgating my complaint seriously then that's the obvious conclusion, right?

 

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,

 

 

I have followed x20's excellent guide to claiming for wasted costs.

 

 

Filled in a form N252 and typed up a separate letter detailing what costs i intend to ask for.

 

 

Just phoned the county court and they tell me that I would need to complete an N1 and start a fresh claim against cabot.

 

I explained that I had completed an N252 and detailed my costs. They asked me who had advised me and I said it was a solicitor (x20!).

 

The CC manager told me that they aren’t legally qualified to process my paperwork even if I handed it in to them. Also said that it is not normal procedure for defendant to claim costs when a case is discontinued!

 

 

Very confusing!

 

 

Any ideas?

 

 

Thanks

 

 

PV :confused:

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,

 

Having read x20's advice again, i think i don't involve the court yet.

 

I think i just serve the N252 on cabot's solicitors initially and what i'm asking for is actually an out of court settlement at this stage.

 

Anyone know if this is the correct interpretation?

 

Thanks

 

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,

 

Think i have it sorted re N252, they will receive it tomorrow and i await their response.

 

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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  • 2 weeks later...

Update:

 

Received this from Cabot:

 

Cabot-Response.jpg

 

Sent a Wasted Costs Order in today to their solicitors.

 

Thanks to everyone for their contributions and support-you know who you are!

 

PV :D

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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And now this:

 

Cabot-DataResponse.jpg

 

Where they admit that;

 

1. They never had a CCA or any other paperwork

 

and

 

2. That it was Statute Barred all along

 

and

 

3. They can process my data DESPITE NOT HAVING ANY AGREEMENT! (Hello Information Commissioners's Office?!)

 

I have learned to send all letters by RECORDED DELIVERY, KEEP A FILE of all correspondence and it seems OK to use email as they WILL RESPOND to them.

 

I hope that this thread gives hope and encouragement to anyone else who is fighting Cabot.

 

I will update re costs.

 

You can WIN with the power of CAG!

 

PV :-)

 

P.S. should it be moved to the WON section and maybe also to the Cabot Fan Club Section?

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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Well done ........... thread title amended and thread moved :)

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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Thanks Saintly!

 

Let's see what they come up with re Costs, I'll send a nice fat donation to The CAG if they cough up!

 

(I still owe Rhia a few pints too!)

 

Cheers PV :D

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 Poss been away a few days. This last letter is gibberish of the highest order.

They admit they don't have any agreement or other paperwork which gives them the legal right to process your personal data.

Therefore they have unlawfully been reporting adverse material to the CRAs between 2000-2006. A complaint to the ICO I think.

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  • 2 weeks later...

Absolutely brilliant!

Excellent result well done PV!

I am only just taking up the fight with these muppets please see my thread-any comments/help would be greatly appreciated:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/192874-cabot-direct-debit-cancel.html

 

Thanks,

Redletter.

PS Did you get the costs in the end?

Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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