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    • Hello I am a resident of a communal block of flats owned by a Housing Association and since Tuesday 14th May 2024 Matthews and Tannert had put up scaffolding for a job on the roof last week, which was up for the best part of nine days. They had removed the scaffolding on Thursday 23rd May 2024 but my Sky box is still not working because of the satellite dish outside, and I was wondering whether the scaffolders had touched the dish while it was there and as a result had probably knocked the dish and probably made the dish go out of signal or whatever. I needed someone to check this out as well as to see my Sky box to see what could be the problem, and hopefully sort this out. I have had my Sky Digibox for many years and I have got recordings saved on them that I have had a long time - it would break my heart if I had lost them forever.       I contacted Sky but I almost made the mistake of accepting an offer where I would have to pay £31.50 and wait a whole month without television in my front room for it. I am in debt at the moment and I don't want all this on top of everything else - thankfully I have since cancelled it two weeks later when I told the person on the phone that it is the dish which is at fault as well as the fact that I live in a communal Housing Association property, and so that is one of very few weights off my mind. I emailed the Housing Association's Repairs department and they said that they will contact an electrical company to come out and see to the dish outside. I received a telephone call on Friday 24th May from the man to say that he will arrive on Wednesday 29th May 2024 to do the job. He arrived at around 9.40 am on Wednesday as promised; he went into my flat and had a look at the Sky box and saw the blue screen on my front room TV set, indicating no signal. He also looked outside as to where the dish was.  The main problem was that the ladders that he had with him were not enough to reach the dish outside as the dish was towards the top of the building - obviously the Health and Safety aspect of the job didn't allow him to do this. He then mentioned that whether he could do the job as a result of getting onto the roof and doing it like that as the dish is closer to the top. He said that he needed the key to enter the loft part of the building in order to reach this, and he needed to contact the Housing Officer at the Housing Association who had key to this, but lo and behold, he came on the Wednesday to do the job, and guess what? Wednesday was the Housing Officer's day off and so therefore he was unable to contact him for the key so that he could do the job! I just couldn't believe it myself. I am personally annoyed because this has not been sorted, and the man who came to do this is also annoyed because he came all the way to Nottingham from Peterborough, and he said to me that he won't get paid if he cannot do the job, so you see, we are both angry about this for different reasons. We are both in the same boat with regards to frustration, and we both want to see a conclusion to this, once and for all. Sometimes I wish that I didn't live in a flat which is in a communal building and I am thinking of getting a transfer to a one bedroom flat that isn't in that sort of place. I pay around £85 a month in a Direct Debit to Sky to receive their TV services which I cannot use at the moment, and I don't have much money in my bank account as it is due to one thing and another. I also pay nearly £14 a month to TV Licensing so that I can legally watch TV in my front room. I pay for Sky hence the fact that I want the Sky service in my front room and not Freeview. Also, as the General Election is coming up in five weeks' time, I want the satellite TV to be working properly so that I can catch up with what is on the news channels, and I feel rather "cut off" from that at the moment, and I want it working in time for Thursday 4th July 2024 for ovbious reasons . I have Freeview in my bedroom, but that is not the point  - I don't want to be limited to my bedroom every time I want to watch TV. I have tried putting the Freeview in te front room but it doesn't seem compatable for the same uses that I usually have Sky for.  Sunday 9th June 2024 is Day 27 of the satellite TV not working in my flat, and I feel that something needs to be done about this. You can take this message as a complaint if you like, but nevertheless, I want this message to be acknowledged and also something to be done about what has happened. I have enough on my plate with regards to health problems and depression without things like this making things worse. I would appreciate it if something was done.  I don't like naming and shaming but it is Matthews and Tannert's fault that I am in this situation in the first place, and sometimes I wish that I could sue them. In a nutshell, I have had more than enough after being without TV in the my front room for nearly four weeks. Also, at a time like this, I am missing so much of interest on TV what with the General Election comning up in just a few weeks.
    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
    • Quotes of the day penny mordaunt came out swinging with her broadsword, and promptly decapitated sunak while Nigel Farage, representing Reform UK, made contentious claims about immigration policies, which were swiftly fact-checked during the debate.   Good question though raised at labour about the 2 child benefit cap, which I broadly agree with, but the tory 'trap' assumes tory thinking - rather than child centric thinking. There should be no incentives to have kids as a financial way of life paid for by everyone else ... ... BUT the kids should not be made to suffer for the decisions of their parents Free school meals would feed the kids, improve their ability to learn, and incentivise them to go to school. As an added benefit ... it would invest in our nations future.   How far this should go is a matter for costing, social intent and future path of the nation, but not feeding our nations kids is an abomination. There should be at least one free school meal per day for every child who attends school. Full Stop. Its the cheapest and most effective investment in our future we could make.
    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
        • Like

TheCobbettSlayer v NatWest ***WON***


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They can apply for the set aside (which I will vigourously defend) otherwise dosh me up by Tuesday.

 

If they don't

 

 

 

IT'S HAMMER TIME!!!!

Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

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They can apply for the set aside (which I will vigourously defend)

 

Congratulations!!!

 

But as for defending against the set aside, (if they do it), I wouldn't bother.

 

For a judgment to be set-aside, all they have to show the judge that had they been able to put forward a defence (regardless of the reasons why they didn't), would they have been able to do so? The answer is yes. Not that they could have won it, mind you, simply that they could have entered a defence.

 

The over-riding objective is to give then a chance to defend. So they would get the set-aside, and a hearing set later in the future.

 

It may well be that they will agree to pay up as long as you don't object to the set-aside, in which case, I suggest you agree.

 

There is really no mileage for you to object to the set-aside if they apply. It wil only delay things before you get your money.

 

Regardless of the above, very well done, that kind of amount should rattle their cages a bit! :-D

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CONGRATULATIONS

 

Reading this thread has made me more determined then ever.

 

Well Done!

Cap One (me)

Data Protection Act sent 15/08

Prem letter sent 23/09 £800

Partial offer £312

LBA sent 04/10

File at court 27/11

/B/C (me)

Data Protection Act sent 18/08

Account pre may 04 ordered statements

11/09

 

B/C (old mans)

Data Protection Act sent 18/08

missing statement letter 29/08

Prem letter sent 26/9 £500 + £1172.00 Est

 

Nat West (joint)

DPA letter sent 28/07

LBA non-compliance letter 11/09

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Thanks for that BW. I don't have the cheque in my hand so I'm not doing the poultry inventory just yet but it's certainly looking OK so far.

 

With regards to the set aside, a very close relative used to work in the chancery division of the high court. Opinion is that they may be able to demonstrate that they could have filed a defence, the fact is they didn't and are unlikely to be able to give good reason for not doing so. They didn't even acknowledge the claim and buy themselves 28 days to form a defence.

 

If they choose to pay me I will not object to the set aside. There has been no hearing and I have won by default - no legal precedent has been set so I can't achieve anything for anyone else by arguing.

 

I'll keep you posted!

Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

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Opinion is that they may be able to demonstrate that they could have filed a defence, the fact is they didn't and are unlikely to be able to give good reason for not doing so. They didn't even acknowledge the claim and buy themselves 28 days to form a defence.

 

If they choose to pay me I will not object to the set aside. There has been no hearing and I have won by default - no legal precedent has been set so I can't achieve anything for anyone else by arguing.

 

I'll keep you posted!

 

That's the right attitude! There's no point in being a martyr for no reason... :-D

 

And I quite agree about the cavalier attitude of Natwest and the contempt it indicates of the little people, don't think for one second I am siding with them *spit* :-D.

 

If you have the time an energy, have a search for the Disneyman v Nationwide. This one worked against the bank, as Disneyman got a set aside months after the judgment, as he hadn't been aware of the unlawfulness of charges then, and so hadn't defended the judgment. He got the judgment set aside, and got money back too!

My point is, even if they didn't defend, for whatever reason, all they have to show is that they COULD have, and the judge will agree to the set-aside.

 

OTOH, you may get the pleasure of sending the bailiffs in, if they don't react quick enough! :-D

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Hope this all works out for you without any shennanigans (sp?) from the bank.

 

Can you give us a rough breakdown of the £22k, charges, interest, loan.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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It's on the claim form as £8795 in charges, £5216.89 in loan repayments, £6208.78 in settlement of the balance of the loan (the amount quoted in their own default notice to me) and the rest is interest.

 

Frankly, there will be no shennanigans (and I don't care how you spell it!).

 

Due to the amount of the judgement, enforcement is complicated and falls into the jurisdiction of the High Sherriffs department and in the event of them failing to comply with the judgement, the costs are astronomical

Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

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Had a conversation with the very tedious Alexandra Rogers from Cobbetts today.

 

6 days after judgement, Natwest have decided to apply for set aside on the basis that they forgot to file acknowledgment. Not the most water tight case but we'll see

Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

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The judge has ordered that the application to set aside go to hearing. I've only had this verbally from the court so I'll have to wait and see what the actual wording is before I look at how we deal with it.

 

I'll keep you posted

Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

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You were right not to do the poultry invertory! I never trust that someone has won unless they have the money in their hand. Daily interest must me a reasonable amount on this sum though. Everything is crossed for you.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

Got the judges directions on Natwests application to set aside today. It says:

 

Before District Judge **** sitting at Mansfield County Court etc.....

 

Upon reading the Defendant's application to set judgement aside.

 

IT IS ORDERED THAT

 

The hearing of this case will take place by way of a telephone conference on 1 NOVEMBER 2006 AT 12.40PM........

 

The defendants legal representative is ordered to arrange the telephone conference.

 

The defendants legal representatives must serve a case summary and draft order no later than 4pm on the last working day before the hearing.

 

All further proceedings in the case are stayed pending the outcome of the Defendant's application.

 

 

Am I missing something here? Is the judge hearing the application to set aside or is he hearing "the case". There is no instruction for me to do anything at all and the directions enclosed with the order state that telephone conferences are excluded from the proceedings if "the hearing could result in the final determnation of the whole or part of the proceedings". I have so far not responded to Cobbetts part 18 request until I knew the outcome of the set aside application. Do I do that now or do I wait for the hearing?

 

I need to be prepared so help please guys!!!

Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

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He is hearing the application to set aside, not the case. If you are unclear about it, phone the court and ask what, if anything you are required to do. I think it might be a good idea to write to the judge stating your reasons for not wanting the set aside, but see what the court advises and let us know. Check whether or not you are expected to be a party to this call, and if you have a say in the matter.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

Yes, me too, this is brilliant and I have my fingers crossed things will go smoothly for you!!!;)

-Warms (Alexandra)-

---------------------------------------------

Whatever I post is just my opinion, no more, no less!:!:

.....................................................................

NatWest=>settled in full, no strings!:D

NatWest creditcard=>settled in full, no strings!:D

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Well that's that then. The judge allowed the set aside in spite of our best efforts:mad:

 

I'm waiting to see the full order in the morning but she has ordered Cobbetts to file their defence by 4pm on 15th November and us to respond to their Part 18 request by 29th November.

 

We're going to be looking for some serious help now so watch this space

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Sorry - that was me posting on the wifes log in.

 

Off to kick the cat and prepare for the next step

Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

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Off to kick the cat

 

Paul, don't kick the cat too hard :razz:, i t told you from the start that they were quite likely to get the set-aside granted. Don't think of it as any kind of failure on your behalf, and well done for fighting as hard as you could.

 

Did judge order disclosure by any chance?

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