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Cab1ne-Lombard-Shoosmiths **Claim Recieved** - ***WON***


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(1) i enquired about a vehicle from cab direct (allied vehicles) in june 2006 for the purpose os starting my own taxi busines (one man band).

 

(2) cab direct sought the finance company for me to aquire the vehicle and told me everything ok.

 

(3) all paperwork came in the post after paying a £500 deposit to the credit company via cab direct.

 

(4) the credit agreement is a

conditional sale agreement reg cca 1974

all appeared fine to me & returned it all signed in the pre paid envelope

to lombard north central plc. i signed the agreement on 28th july 2006 lombard signed it on the 7th august 2006

 

(5) cab direct stated that the first payments would start 1 month after a signed delivery of the vehicle & not before, (the vehicle was delivered & signed for on the 18th august 2006).

 

(6) i had it plated by the local council on 23rd august 2006

 

(7) on the 7th september 2006 lombard took £433.08 first monthly payment plus £200.00 credit facility fee (£633.08) this applying a debit in my bank account

then proceeded to take £433.08 from my acount on the 7th of every month thereafter, so when i phoned them & pointed this out to them they said thats just what they normally do.

 

(8) everything going smoothly till 12th july 2007 & then the dreaded default notice. clearly stating the amount of arrears of £866.16 (2months payments). my chin clearly removed itself from my face, so i phoned them up & disputed this, they convinced me i was in 2 months arrears so we both agreed for me to clear the arrears. i cleared the arrears by the 21st august 2007.

 

(9) so i patted myself on the back "phewww" that was lucky until the big day came 15th august 2007 the soopadoopa termination notce dropped thru the door, "PANIC" so i phoned them up & asked what the hekk was going off, (a moment of "they said i said")

they said that i did not comply with the default notice

i said but we agreed on the phone

they said you are still in arrears for august

i said yeah 21st august all done

they said no it should of been by the 7th

so i asked how can i carry on paying for my vehicle now

they said your account is no longer "live" so i would have to clear the arrears & they would have to send me a new agreement.

i told them that i dispute this & i will be making a complaint, so they gave me all the details to lodge my complaint with lombards

complaint proceedures (in house complaints) ("now these people are from another world"). at this time a complaint to the financial ombudsman was in place regarding the default notice.

 

(10) as i lodged my complaints via phone calls & the royal mail they just had every intention of bullying me around & that they did. so i lodged a further complaint to the financial ombudsman regarding the termination.

 

(11) now i am in full dispute with lombard and i've got the financial ombudsman snapping at their ankles.

 

(12) now it is october 12th 2007 and someone is knocking at my door at 07.30am. hello i'm hammonds uk debt collection agency acting on behalf of lombard north central, saying "you owe me" £1299.42 plus our fees totaling £1839.86. as the blood drains from my body and i am on the verge of passing out, i said in a squeemish voice "why"? he said "arrears for august, september, october plus our fees, or i will take the vehicle away".

(the vehicle is parked on my private drive, fenced & gated off to the public) i escorted him off my property, then i asked him to show me if he had any court orders or warrants to which he replied "i don't need any" so i informed him that if the vehicle was parked on the public road he could have done whatever he seemed fit, as it was parked on my drive he needed some form of warrant or court order to enter my property. at this stage he became very abusive and aggressive. so i called the police to prevent a breach of the peace. at this time as the police arrived he went into the back of his van and pulled out a wheelclamp. the police asked me what the problem was and after going thru some details with them i pointed them into the direction of the debt collector. the police officers then checked his paperwork and told me his paperwork was more up2 date than mine!!!!! & i had to let him on2 my property & wheelclamp my vehicle!!!! or i would be arrested for breach of the peace "gob well & truely smacked".after running around & collecting up the amount of money i needed 2 give them hammonds uk returned 2 my home on the 18th october they took the money took the clamp off & bogged off!!!

 

so now it is 4th february 2009 my good lady wife has been scouring these consumer forums for god knows how many weeks now we smell a few rats!!

1.is the agreement enforcable?

2.is the default notice valid?

3.is the termination valid?

4.have they followed oft guidelines?

5.have they breached the cca 1974 regs?

r they right or r they wrong?

"HELP"

Edited by cab1ne
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Hi Cab1ne, if you want to try and attach a document, have you tried using www.photobucket.com (free) if you need a tutorial there is one here - http://www.consumeractiongroup.co.uk/forum/bear-garden/165941-photobucket-video-tutorial.html

 

This is a tricky one....but good that you have got the FOS involved...i'd say they breached the terms themselves as they collected the money sooner than the agreement had suggested...

 

Can you post up the default (minus the personal details)

 

Whilst it is in dispute they should not be pursuing you for this amount - the OFT say section 2.8 -

k. not ceasing collection activity whilst investigating a reasonably queried or

disputed debt.

 

Also if somebody has tried to visit the house send them this letter here by recorded delivery

 

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely

If it was me i'd charge them £30 for each letter you have to write to them....and tell them this...!!

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hi 42man & thankyou

just to put you more in the picture as i sort out the attatchment thing.

 

i can't send them any letters telling them not to persue the debt whilst it is in dispute, they did the dirty deed on 12th october 2007 and took £1839.86.

FOS have already sent me their findings so i shall give you all this info

so ofto scan i shall go BBS

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hi 42man & thankyou

just to put you more in the picture as i sort out the attatchment thing.

 

i can't send them any letters telling them not to persue the debt whilst it is in dispute, they did the dirty deed on 12th october 2007 and took £1839.86.

FOS have already sent me their findings so i shall give you all this info

so ofto scan i shall go BBS

 

FOS response to my complaint

 

FOS01-1.jpg

 

FOS02.jpg

 

FOS03.jpg

 

FOS04.jpg

 

FOS05001-1.jpg

Edited by cab1ne
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this is the bit i think needs looking at.

something just dont seem right, would this have anything to do with the "prescribed terms"

 

the key financial information bit

 

KeyFinInf01.jpg

Edited by cab1ne
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just giving your thread a little nudge. The forums seem quite busy at the moment and the few people who would be able to answer your questions appear rund off their feet.

 

You say the FOS are involved, have they said anything yet ?

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Hi Citizenb,

yes fos ave replied & 2 cut a long story short ave found in favour of lombard!!!!!!! they gave me until the 12th of this month 2 reply if not happy!!! which i have done so..........so now waiting 2 hear back from them, i've also got TS involved now & looking in2 it..........but anything u guys can help me with would b a GREAT HELP.

 

see http://www.consumeractiongroup.co.uk/forum/show-post/post-1969765.html

Edited by cab1ne
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Unfortunately, it is not in the remit of the FOS to rule on the enforceability or otherwise of an agreement, although this doesnt stop them advising you in such a manner that gives the Creditor/DCA hope that they are in the right. That is the remit of Trading standards and the OFT. who are equally as useless.. !

 

What you could do is amend the letter in Bankfordders thread and send it to the OFT and also make a complaint to the Trading Standards. Make sure with TS that you have a good working knowledge of the regulations so you can argue your side.

 

http://www.consumeractiongroup.co.uk/forum/consumer-protection-unfair-trading/147830-complaint-oft-respect-invalid.html

 

All you will receive from the OFT is a letter stating what the regulations are and that they are unable to assist an individual. However, they are apparently logging all complaint and when the receive sufficient for any particular company they are supposed to be looling into their fitness for re licencing.

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Unfortunately, it is not in the remit of the FOS to rule on the enforceability or otherwise of an agreement, although this doesnt stop them advising you in such a manner that gives the Creditor/DCA hope that they are in the right. That is the remit of Trading standards and the OFT. who are equally as useless.. !

 

What you could do is amend the letter in Bankfordders thread and send it to the OFT and also make a complaint to the Trading Standards. Make sure with TS that you have a good working knowledge of the regulations so you can argue your side.

 

http://www.consumeractiongroup.co.uk/forum/consumer-protection-unfair-trading/147830-complaint-oft-respect-invalid.html

 

All you will receive from the OFT is a letter stating what the regulations are and that they are unable to assist an individual. However, they are apparently logging all complaint and when the receive sufficient for any particular company they are supposed to be looling into their fitness for re licencing.

 

my major problems with the whole situation is

1.they defaulted me

2.they terminated me

3.they sent dca for supposed arrears

4.they resumed the contract (all by themselves)

5.they defaulted me again

6.they terminated me again.

 

i dont know weather i have been or im still coming lol!!

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my major problems with the whole situation is

1.they defaulted me

2.they terminated me

3.they sent dca for supposed arrears

4.they resumed the contract (all by themselves)

5.they defaulted me again

6.they terminated me again.

 

i dont know weather i have been or im still coming lol!!

 

Ooh, is this correct, they have actually sent you 2 Default Notices and 2 Termination notices ?.. they cant do that :D

 

Any chance you can get them scanned in, minus your personal details and let us have a peek at the notices.. with any luck they will be full of flaws . Let battle commence. :lol:

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Ooh, is this correct, they have actually sent you 2 Default Notices and 2 Termination notices ?.. they cant do that :D

 

Any chance you can get them scanned in, minus your personal details and let us have a peek at the notices.. with any luck they will be full of flaws . Let battle commence. :lol:

 

like the word battle

these are my default notices & termination notices

 

Default and Termination 1

lombdef01-1-1.jpg

 

lombdef01-2-1.jpg

 

lombterm01-1.jpg

 

Default and Termination 2

lombdef02-1-1.jpg

 

lombdef02-2.jpg

 

lombterm02-1.jpg

Edited by cab1ne
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Right well the good news is that BOTH default notices are invalid.

 

The date on the 1st one is 12/07/2007 and they give you a remedy date of 26/07/2007. This is Exactly 14 days, unless they shoved this through your letter box or handed it to you personally on the 26th then they have not allowed the 2 days 1st class or 4 days 2nd class allowance for postage :D They then terminated you

 

Then strangely they seemed to think that you still had an agreement in force and Defaulted you again !!. To be able to issue you with the 2nd default notice, they would have needed to get you to sign another agreement.. you didnt, did you ??

 

The better news is that this 2nd Default notice is also invalid. DN date, 25/01/2008 - remedy date 08/02/2008, again exactly 14 days with no allowance as required by law for postage. They then proceeded to terminate you again. How can they Default and Terminate something that is no longer in existence having been terminated nearly 6 months previously !!.

 

You need the assistance of someone with more knowledge of what to do next than me. I will see if I can try and find someone to look in for you.

Edited by citizenB

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4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Right well the good news is that BOTH default notices are invalid.

 

The date on the 1st one is 12/07/2007 and they give you a remedy date of 26/07/2007. This is Exactly 14 days, unless they shoved this through your letter box or handed it to you personally on the 26th then they have not allowed the 2 days 1st class or 4 days 2nd class allowance for postage :D They then terminated you

 

Then strangely they seemed to think that you still had an agreement in force and Defaulted you again !!.

 

The better news is that this 2nd Default notice is also invalid. DN date, 25/01/2008 - remedy date 08/02/2008, again exactly 14 days with no allowance as required by law for postage. They then proceeded to terminate you again. How can they Default and Terminate something that is no longer in existence having been terminated nearly 6 months previously !!.

 

You need the assistance of someone with more knowledge of what to do next than me. I will see if I can try and find someone to look in for you.

 

"brilliant"

its obvious i do need some sound and positive advice.

but as i have mentioned aswell they came to collect arrears on a terminated agreement. arrears for 7th sept 07 and 7th oct 07

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"brilliant"

its obvious i do need some sound and positive advice.

but as i have mentioned aswell they came to collect arrears on a terminated agreement. arrears for 7th sept 07 and 7th oct 07

 

I have asked a member of the site team to look in when he has a few moments. He doesnt appear to be on the forum at the moment, so dont be too disappointed if you dont get an answer this evening. Of course others might also pop in and advise. :D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I have asked a member of the site team to look in when he has a few moments. He doesnt appear to be on the forum at the moment, so dont be too disappointed if you dont get an answer this evening. Of course others might also pop in and advise. :D

 

thnx citizenb

what you have told me so far is a lot more than what i started with,and i can assure you waiting for good cagging can never be dissappointing.

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Then strangely they seemed to think that you still had an agreement in force and Defaulted you again !!. To be able to issue you with the 2nd default notice, they would have needed to get you to sign another agreement.. you didnt, did you ??

 

"NO" but they have tried to get me to sign new contracts and i "REFUSED"

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