Jump to content


  • Tweets

  • Posts

    • Not at all.  The onus is on them to ensure that their invoice respects the provisions of Schedule 4 of the Protection of Freedoms Act 2012 to establish keeper liability.  Which it can't as the area is covered by bye-laws. Spot on. Irrelevant as to whether you entered into a contract with VCS to pay them £100 if you didn't obey what was written on their silly signs. Who cares?  What about their ridiculous generic Particulars of Claim where they deliberately mix up driver and keeper. And where do they mention this?  You haven't shown us anything. Of course you have to prepare a Witness Statement and you'd better get on with it. This is the problem here - you've disappeared for months & months, haven't kept us updated and presumably haven't read other VCS threads.  That needs to change - now. Otherwise you will lose - simple as that. For a start - please upload the court order which fixes the hearing date plus plus where "VCS mentioned my initial defence was generic and clearly copied from the internet".  We're not mind readers.
    • New bank notes featuring King Charles III will enter circulation for the first time today - here are the codes of the very first printed.View the full article
    • 2nd class stamp only , get free proof of posting from any PO counter dx  
    • Hi,  It has been a long time but I have had confirmation claim will proceed to hearing in roughly 1 months time.  I was wondering if anyone could advise on defence please.  A few questions I have are: 1) I didn't notify VCS that I was not the driver of the vehicle and the judge may look negatively on this point.  I did not receive any direction in correspondence from VCS  that I should inform them if I was not the driver and that was going to be the foundation for may argument on this point. 2) The vehicle is stopped at a zebra crossing.  Based on the images from VCS for around 10 seconds.  At that time there is someone standing near the zebra crossing and someone else enters my vehicle.  I was going to raise the point that stopping at a zebra crossing when someone is standing near it is to be expected.  I was also going to ask the question how you can have a no stopping zone when there are zebra crossings where the driver is required to stop. 3) The no stopping zone is clearly signposted, however, no drop off or pickup is not clearly signposted with one small sign at the zebra crossing, parallel to the road and on the passengers side.  I was going to challenge that no-drop off or pickup is clearly signposted.  4) VCS mentioned my initial defence was generic and clearly copied from the internet.  It covered 1) Claimant not being in a position to state if the Defendant was the driver at the time.  2) No evidence that claimant's contract with landowner supersedes byelaws & signage isn't legally binding contract. 3) No contractual costs and interest cannot be accrued on speculative charge. I am interested to know if anyone has had success or been unsuccessful with this 'generic' defence. 5) If I should submit an updated defence to the court based on questions 1, 2 & 3.  Or if it is better to only raise these points in court? Thanks.  Any guidance would be appreciated  
  • Recommended Topics

  • 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
  • Recommended Topics

Five Questions,2 Disputes And Cabot


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5248 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

sorry should say i have two accounts with threads,i started this one as i needed to try and get the five answers asap.one account has a good cca :(but no DN served or noa when it was sold it also was sold with a zero balance.the other cca is an application form(the one in pic)no terms no limit etc.am awaiting halifax to complete my SAR for that account

Link to post
Share on other sites

  • Replies 77
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

just a quick update from yesterday.

requested SAR from BOS recieved 27th june(1 week late)

sent letter asking why incomplete

recieved this reply today...

`with reference to your recent letter,we will supply the information that was not available to us as soon as possible.The other queries on the letter have been passed to another office and they will reply to you directly.I trust this has not caused you any inconvenience`.

I didnt realise the timing on the request and they are now 27 days over the 40 days.

I could do with a hand if possible in drafting a response to the above letter or should i ignore and go straight to the ICO?

I will add that when i recieved my SAR from BOS,the very next day i received the 50% discount letter,yesterday i get letter from cabot asking for more info on the differences in what they say i owe and what BOS say,then today recieve the letter from BOS.In my honest oppinon they appear to be working in tandem,I reckon if i sent Cabot the info they need then BOS would then find the info that is missing(if that makes sense?).

So complaint to ICO will be in the post monday,do i reply to BOS,tell them im making complaint,ring them or just ignore them completly?Again thankyou for any advise or comments in advance.......

Link to post
Share on other sites

just a quick update from yesterday.

requested SAR from BOS recieved 27th june(1 week late)

sent letter asking why incomplete

recieved this reply today...

`with reference to your recent letter,we will supply the information that was not available to us as soon as possible.The other queries on the letter have been passed to another office and they will reply to you directly.I trust this has not caused you any inconvenience`.

I didnt realise the timing on the request and they are now 27 days over the 40 days.

I could do with a hand if possible in drafting a response to the above letter or should i ignore and go straight to the ICO?

I will add that when i recieved my SAR from BOS,the very next day i received the 50% discount letter,yesterday i get letter from cabot asking for more info on the differences in what they say i owe and what BOS say,then today recieve the letter from BOS.In my honest oppinon they appear to be working in tandem,I reckon if i sent Cabot the info they need then BOS would then find the info that is missing(if that makes sense?).

So complaint to ICO will be in the post monday,do i reply to BOS,tell them im making complaint,ring them or just ignore them completly?Again thankyou for any advise or comments in advance.......

Send complaint to ICO and OFT.

 

It is worth making the complaint with BOS official if not already done.

 

Obviously, you have put the account in dispute.

Edited by vint1954
Link to post
Share on other sites

hi vint,it was only yesterday that CABOT confirm that they were the owners of the debt and its been in dispute since april,i will be sending a complaint to the ICO and OFT monday without doubt and i think i will draft an official complaint to BOS as you advise many thanks VINT1954

Link to post
Share on other sites

hi vint,it was only yesterday that CABOT confirm that they were the owners of the debt and its been in dispute since april,i will be sending a complaint to the ICO and OFT monday without doubt and i think i will draft an official complaint to BOS as you advise many thanks VINT1954

A letter for Cabot.

 

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

ACCOUNT IN DISPUTE

I must admit that I am rather bemused as to why this account has been passed or sold to yourselves, as it is in dispute with the **original/DCA** and has been since DATE 2009. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

As **original/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, Subject Access request and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original/DCA** for resolution of these defaults and breaches, as Cabot cannot lawfully pursue any enforcement activities.

If Cabot chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

Also be advised that I will only communicate with you in writing.

.

I hope that an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing by 4pm seven days from when you send the letter.

Yours faithfully

Link to post
Share on other sites

thanks vint for the above letter and for your advice.

Have just completed my complaint to ICO and will update as i receive information.Have also sent a letter(monday) to BOS outlining my complaint to ICO and also giving them exactly 7 days to comply with my request or I will take immediate action through the county court,which i add i will do without hesitation and based on my op being successful wednesday,else i may be a little sidetracked.Again thanks everyone and i will update as soon as..

Link to post
Share on other sites

sent a complaint to ICO yesterday and also a letter to BOS explaining my complaint and their failure to supply my full SAR.Today I have received a letter from BOS that clarifies that the information sent in my SAR was all that they held on that account!so where to go from here?

Cabot produced an NOA on BOS heade paper but BOS have not got an NOA?

No Default notice of any kind?

The debt was returned to a ZERO figure then sold one month later to CABOT?

can anyone help with what i need to do now,if the figure is zero and as there is no other data held by BOS and cabot bought the debt at a ZERO figure do i now point that out to them and tell them i owe nothing?

again thank you in advance....

Link to post
Share on other sites

thanks babybear39,should i write to cabot or now leave it until they write again,my credit reports are clear for now no bad marks and if there were any they must have fallen off.

the last letter from cabot asked for the differences that BOS say i owe(nil on statement) and what cabot say i owe(£3000).

Link to post
Share on other sites

sorry just remembered that one of the questions i asked BOS was why a £1 payment paid to the account in 2002(i told them it was for a request and should not of been added to the account;)).As their reply today says that there are no further records for the account then can i throw the statute barred at cabot(i argued this with them a few months back and that the payment should not have been added to account).

Would it be down to cabot prooving otherwise?sorry for all the questions just want to throw as much as i can at them when the time comes?

Link to post
Share on other sites

hi all,just a real quickie.Having now received confirmation from BOS that they hold no other info on me,should i write to them asking to confirm in writing that the account is/was terminated?

many thanks

Link to post
Share on other sites

  • 1 month later...

just an update on one of my alleged accounts.

after receiving my SAR it was quite clear that the debt(alleged) was statute barred.so i wrote again to crapbot and have received a reply stating that they `acknowledge that the account is statute barrred and confirm that the account has been withdrawn from its regular collections process`.

A small result i think.The second alleged account was sold to crapbot one month after the account was written off with a zero balance.Ive not heard from them about this yet and have kept the zero balance to myself(for now).

Link to post
Share on other sites

  • 4 weeks later...

just another update on this thread.so far Cabot have admitted in writing that one of the alleged debts is indeed statute barred and today they have written to me with regards to the debt sold by BOS.

The debt sold had a zero balance and was purchased by Cabot just over a month later.I also never received a default notice or termination notice for this alleged debt! so i have put this letter together and would welcome any advice as to its contents as CAbot have given me 14 days to settle the account or else:).

Dear sir/madam

Thank you for your letter dated ## September and received today ##September 2009.

Your letter states that I have 14 days with which to set up some form of payment plan with your company. As my previous correspondence state that there are a number of discrepancies between the DSAR I received from BOS and as to what Cabot allege I owe etc. I am still awaiting a reply from BOS as to the differences between the information provided between BOS and Cabot. I also note that Cabot have requested me too provide evidence as to the differences but feel that it is up to your company to contact BOS and request this information yourselves.

Cabot have provided me with representations of letters allegedly sent by BOS but it would seem BOS have no record of these alleged letters?

Cabot have stated in previous correspondence that the last acknowledgement to this alleged account was ##/09/2### yet BOS have provided a statement showing the date to be ##/12/2### which is ten months difference?

Cabot state that this debt is not STATUTE BARRED yet BOS seem reluctant in answering why a request for information back in 2### was ignored and added to the account and to which I have sent a letter too asking why this error occurred.

Cabot state in previous correspondence that that they purchased/bought this alleged debt on the 18 December 2### yet BOS have no information providing evidence to substantiate this and to which I have sent a letter requesting to confirm or deny this!

Cabot have provided representations of a Notice Of Assignment to which BOS seem to have no record of and to which I have sent a letter to BOS requesting they confirm or deny this !

BOS have provided a statement of account with my DSAR which shows a different balance to that which Cabot have provided and to which I have sent a letter to BOS requesting confirmation of the amount allegedly owed.

So I hope you can see as to why I dispute this alleged debt with your company and feel that amongst other things it is a STATUTE BARRED DEBT and to which unless BOS give the answers to the many questions I have asked leaves this account very much in dispute. If however Cabot are able to answer just the few questions in this letter or have more luck in obtaining the evidence requested in finding validity in Cabots claims I would be very grateful in hearing from you with respect to this.

I look forward to your prompt reply so that we can bring this dispute to a close

Edited by anton1
dates
Link to post
Share on other sites

Personally and IMHO, I would not send them anything.

But I am very well known for being extremely stubborn, and tight fisted:D.

 

I certainly wouldn't entertain them with another letter in an attempt to seek their pity and forgiveness.

 

The simple fact that this company was willing to seek from you payment against an alleged debt which was SB, speaks volumes as to where their interests and concerns lie.

 

Ignore them, and report them. Tell them to provide you proof of any debt they allege you owe, and when they don't, or can't, tell them to foxtrot oscar...

 

 

Boo;)

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Personally and IMHO, I would not send them anything.

But I am very well known for being extremely stubborn, and tight fisted:D.

 

I certainly wouldn't entertain them with another letter in an attempt to seek their pity and forgiveness.

 

The simple fact that this company was willing to seek from you payment against an alleged debt which was SB, speaks volumes as to where their interests and concerns lie.

 

Ignore them, and report them. Tell them to provide you proof of any debt they allege you owe, and when they don't, or can't, tell them to foxtrot oscar...

 

 

Boo;)

Agree 100%. Stop playing their game. Tell them to prove it or shut up and leave it alone.

 

It does not pay to get into protracted arguments with them.

Link to post
Share on other sites

  • 3 months later...

hey guys n girls been a while since ive posted on this thread.well cabot got back to me again stating i owed them money etc and sent me a copy of the statement from BOS but they omitted the last three lines which showed the zero balance.So i wrote back to them and stated that there seems to be some important bits missing from the statement they state and that the end figure is different to what my statement says.

Today i have had a reply from cabot (link to their letter)

http://i576.photobucket.com/albums/ss209/marcog111/100_1969.jpg

So are they right? here is a copy of the last page of the statement i received from BOS showing the zero figure.

http://i576.photobucket.com/albums/ss209/marcog111/100_1968.jpg

 

Cabot acquired the debt over a month after the last date on the statement.They claim that BOS removed the account from their systems when CABOT acquired the debt and that the figures bear no relevance to the outstanding balance, but as i say they did not purchase the account until 18 december 2002?

Am i correct that they have purchased a zero balance or am i clutching at straws and what they say in the recent reply correct?As you can see they have given me 7 days to reply to this so i am again extremely grateful for any advice

Link to post
Share on other sites

Slightly confused...again!..

I guess that you know what abbreviations mean on the statement of account?

I.E Bad debt W/O??

 

Are you saying that this account was settled with BOS, then crapbot fabricated the amount they say is owed?

 

Does the date Crapbot bought the debt tie in with the date on the S.of A.

As is the same with defaults placed on your CRF, once a debt has been 'sold' then the new owner will put their own name against the money outstanding, and the OC will/should delete the entry off your CRF, and show a zero balance.

 

So I am thinking that the figure BOS alleged that you owed, was 'sold' to crapbot, hence why the S.of A from BOS shows a zero balance.

 

If your saying that you cleared this debt and have the evidence to prove this, then crapbot are as deluded as gordon clown and his government.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

high bazooka boo,the account was not settled with BOS ive been disputing it firstly as i thought it was statute barred then after i did a SAR to BOS i noticed the zero balance on the statement.cabot bought the debt just over one month after BOS had zero`d the account.

what i had hoped was that because BOS had put the balace to zero before cabot purchased the account then in theory CABOT had bought an account worth nothing.if that makes sense LOL

Link to post
Share on other sites

OK, much clearer now.

 

Well I would expect the reason why they had a Zero account (BOS) is because they had sold it onto Crapbot.

 

Did you receive a notice of assignment from BOS? And did you receive anything from crapbot stating that they had now bought the alleged debt?

 

You disputed this amount as you thought it was SB, who has supplied evidence that it is not SB?

BOS or Crapbot, or none of the above?

 

So basically, you disputed this with BOS, they then flogged it onto crapbot, who are non the wiser that this was a disputed debt they bought?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...