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    • Hi all!   Thank you in advance for any help you can give me!!    I parked up (at 18:08) in a rush, entered my Reg and paid for an hour of parking. At 18:20 I got a ticket for not paying for parking.    I've just looked at my receipt and noticed why ... I put "22" instead of "21"  when i put in my Reg. yes... what a stupid mistake.    I seem to remember there being a court case or a rule change about entering the wrong reg but the company wasn't at a loss because i had paid for the parking just technically for the wrong car. Am i making that up?    Any advice would be gratefully received, even some key points i have to hit when doing the appeal      
    • You haven't returned to the thread to give us your views, but a couple of other things strike me which you should consider: 1. You say that at no time was your father's licence revoked by the DVLA. It didn't have to be revoked. It expired in September and his "entitlement to drive" (of which the licence provides proof) expired along with it. He could only continue driving whilst his application was being processed by virtue of s88, and it seems clear to me (based on what you have said) that he was not able to take advantage of the benefits provided by that section. 2. The letter he received threatening to revoke his licence was probably a template letter sent when any medical issues are brought to the attention of the DVLA. But it is clear that beyond September until it was eventually renewed, your father had no valid licence to be revoked. I believe a "not guilty" plea in court will fail. The basic facts are that your father's licence expired in September, it was not renewed until February because the DVLA were looking into his medical declaration and he could not take advantage of s88. So in December he had no licence and no entitlement to drive under s88. The facts that he believed he was fit to drive and that his licence was eventually renewed may mitigate the offence but they do not provide a defence. I also asked whether he had received a summons (very unusual these days) or whether he had received a "Single Justice Procedure Notice". The way to proceed from here differs slightly depending on what he has received so if you let me know, I'll advise further.  
    • Well, what I've read from various sources suggest if a CCJ is 6 years old that if becomes pretty much ineffective for enforcement purposes in its original form.  And that if it's about to expire then the claimant needs to apply to the court to extend the original CCJ within the final year.  Even if they do apply for an extension within the 6 years they have to have a very strong argument for doing so such as the person being out of the country or could not be traced, basically show they were actively still perusing the debt I guess. Now if a claimant ever does apply within the 6 years to extend the CCJ, would the person named on if be notified by the court that such an application has been made?.  In my case I've heard nothing from the court so assume no such application has been made.  The original CCJ in my own case is now a year beyond the 6 years of issue so must now make things even less likely again. So whilst the CCJ exists that they have not enforced it in that time must surely make it unlikely they can now take it back to court because as said it would be very rare for a judge to agree to such action now. That said, I guess they now can't use the CCJ to continue with any action for an attachment order to our mortgage either?
    • Donald Trump now banned from countries including Canada and UK as convicted felon WWW.INDEPENDENT.CO.UK There are 37 countries that bar felons from entering, even to visit.  
    • Well, they trashed their last election manifesto pledges, so nothing new really is it? They just find weasel words to try to claim they haven't actually failed if you just look at it just a little squinted and in this particular way  - and are stupid.
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me vs cabot can anyone advise me


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This is in danger of being quite long winded so i will try to break it down as much as I can.

 

My wife and I had a Mortgage in the late 80`s which also had a bridging loan attached to it with a company called nationwide credit corporation for the sum of £2888.50. This Loan then changed hands to a company called National Home Loans. When things went pair shaped and we were struggling with paying the mortgage and other debts so we contacted all our crediters to reduce payments and they all agreed including National home loans who agreed a reduced payment and to defer intrest charges.

 

We eventually lost our home which the bank sold at a lost but carried on paying the agreed amount to National home Loans then out of the blue we had a letter stateing that the account was now being handeled by a company called morley who wrote to us and agreed a payment of £30 a month and they would review the account every year and any applicable interet rate.

we then had a letter from cabot that they had taken over the account and the also agreed a payment of £30 a month and they to would review the account every year with any applicable interest.

 

We payed this amount for nearly nine years and in all that time we were never contacted by anyone to review the account.

last year i phoned cabot to see how much we had left to pay as I thought we were proberly near to having paid it of when i got the shock of my life, they told me i owed over £9000.00.

In all that time they were adding 17.09% interest. I asked for a statement and eventually they sent me one with a letter saying that they had reduced the amount to when they took the account over (Cabot) and have changed the interest from then to 5%. which left the account owing £6262.18 with interest now running at 5%.

Through this site i now now that Cabot, National home Loans and Morley are all part and parcel of the same organisation.

 

To date I have paid £7153 for a £2888.50 loan and have now stopped payments as I feel I should have been notified that i was being charged interest at some point. Do i now call their bluff and let this go to court?

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Given the age of this agreement I would first send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and 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 or any of your associates.

 

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. (Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

 

(Print do not sign signature)

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Hi there cerberusalert thanks for the reply.

I have already requested a copy of the original credit agreement by letters and after a long time they have already supplied this so where would be best to go from here?

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Someone more knowledgeable will be along soon, but the monthly interest rate and the APR don't look right to me. I know there is a leeway +/- but I'm not sure how compound interest really works.

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I had a phone call today and the caller asked can i speak to mr****** ***** when i replied `speaking` they said thankyou very much and put the phone down. i did 1471 and it was the area code for cabot. I wonder whats the reasoning for that?

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I think I would also sent a Subject Access Request to Cabot and get right to the bottom of this one. Morley are indeed part of their little evil empire but are not trading at present.

I am not sure if one SAR would get you all the info so make sure you ask for the info from them to cover all the related Cabot companies - Nationwide, Morley etc.

This is a shocking story, but sadly not uncommon. However you are in the right place. I would not speak to them on the phone insist on everything in writing. If they call you either record the conversation (and tell them you are doing so) or make a note of what was said.

Welcome to the Cabot Fan Club! ;)

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