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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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    • 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.
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      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
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Cabot Financial – Dealing with Cabot Financial


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in your appeal you will not be concerned with what cabot argued- merely that the judge misdirected himself by applying the principles of a case that was totally unrelated- if you win that appeal then you get another go at arguing against cabot's case (IMO)

 

Thank you, that simplifies it somewhat if it can be simplified:rolleyes:.

 

Beau

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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I have found the way to deal with Cabot is to turn the tables on them. I am about to take them to court for entering a default on my credit records on a lemon they bought that doesn't have one scrap of paper. I have involved the ICO and OFT at every turn. I've told them I will also sue them if they pass another lemon they have to other agencies. I only deal with their complaints department as answering their templates is waste of time. They told me they would counterclaim. I asked them on what basis - a rescinded account that doesn't even have toilet paper to show it even exists? I annoy them by calling them all by their first names and I tell them I am not "delaying" paymnent, as they suggest, I am not going to pay them at all, ever. It took them 3 months to respond to my last letter and it was total drivel - they were foaming at the mouth - I sent it to the ICO and OFT and proved it was bo***cks. They are so stuck in the old model of buying unenforceable debt they are left with a pile of rubbish that people have stopped paying. They are going to be pulled up by the OFT if they go on like this and I am convinced that Cabot are on their way right down the tubes.

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Defending claims by Cabot Financial

 

One of my stated goals in creating this thread was to improve the standard of the defences which are being submitted to counter Cabot Financial claims.

 

Further to this end, I draw your attention to an excellent post made by Brent-London, who I believe trained as a barrister in Australia.

 

The facts concerning Section 61(1)(a) and Section 127(3) are exactly as I have quoted in earlier posts on this thread. Brent-London has taken those facts and created an excellent defence (or part of a defence) based on them.

 

If I was issued with court papers tomorrow, I would definitely be using this as part of my defence. It counters Cabot's deceit before they even get started.

 

Defences do need to be individually crafted based on your own circumstances, but there are so many of us with so-called agreements which do not contain the prescribed terms that this part can just be used as is.

 

A big thank you to Brent-London.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/213040-martin-cabot-financial-11.html#post2584527

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For those of you that have been following my fight with Cabot I had a nice surprise today

 

Dont know why, I did not write to the Judge specifically for this, but I have today received an order that states my permission to appeal has been extended from the normal 21 days to 90 days--- ie almost end of Jan 2010!!!

 

Do you think the Judge has had a look at what Judgment was passed and decided that maybe he has misdirected himself? Accompanying the order was EX107 Tape transcript request form------its like he wants me to appeal. So look out Cabot Game on.

 

Beau

Edited by BeauBrummie

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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Beau that indeed is a bit odd. They don't usually extend anything or send you the transcript. I am wondering if a higher judge has read the transcript (they have to read them apparently before issuing them) and has realised the decision is balderdash (to put it politely).

You can lick Cabot. Go for them.

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  • 2 weeks later...
Defending claims by Cabot Financial

 

One of my stated goals in creating this thread was to improve the standard of the defences which are being submitted to counter Cabot Financial claims.

 

Further to this end, I draw your attention to an excellent post made by Brent-London, who I believe trained as a barrister in Australia.

 

The facts concerning Section 61(1)(a) and Section 127(3) are exactly as I have quoted in earlier posts on this thread. Brent-London has taken those facts and created an excellent defence (or part of a defence) based on them.

 

If I was issued with court papers tomorrow, I would definitely be using this as part of my defence. It counters Cabot's deceit before they even get started.

 

Defences do need to be individually crafted based on your own circumstances, but there are so many of us with so-called agreements which do not contain the prescribed terms that this part can just be used as is.

 

A big thank you to Brent-London.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/213040-martin-cabot-financial-11.html#post2584527

 

 

 

question 1 : any ideas what is the rate of court cases won by cabot??

 

question 2: what is the strategy against cabot when they denie receiving a CCA request even though there are evidence they did and when they actually admit receiving a request why they do not take the £1 fee due to CCA REQUEST and they return it to the original requester, is it because they have an excuse that they did not receive the £1 fee??

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  • 2 weeks later...
  • 2 weeks later...

Do not let Cabot get you down.

 

Trust me, you can beat them. Just pick your fights carefully and read through some of the Cabot threads for inspiration.

Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

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Good afternoon all,

 

I have read and taken heart from lots of threads relating to dealing with this company (well done everyone). I would like to share my dispute with these people and if anyone can offer assistance or help in anyway I will be more than grateful. I will try and be concise without, at this stage going overboard with details and will offer more information should anyone require it.

 

July 2008 I was contact by Cabot by letter informing me that someone from their company will be calling me - (OFT state this is bad practice under section 2.11a). I reply asking for details to be forwarded to me. A quick call I made to them established that they were looking for money from a Cahoot credit card last used in 2005, approx £2000.

 

A year passes......

 

July 2009 The exact same letter was sent. I again write back asking for details

 

Aug 2009 - Cabot write to say they are investigating - (OFT 2.1e - Failing to provide debtors or creditors with information on status of debts, for example, not providing requested statements when reasonably requested)

 

Sep 2009 - They again write to say they are investigating

 

late Sep 2009 - They write to explain that hey purchased my account from Cahoot in July 2008 and claim they responded by email to my first query, if they did then I never recieved said email.

 

This letter explained that they had contacted Cahoot in 2008 to ask fro details relating to this debt and that they wrote to me in Oct '08 and Jan '09 - here Cabot admit they had been sending correspondance to an address I last lived in in 2004!!. They again say that they are waiting for Cahoot to provide more info.

 

30th Dec 2009 -They write this time with copies of credit card statements, apparantly proving I owe £2000 from a Cahoot credit card last used in 2005.

 

Ok, I now have to decide what to do next. I have contacted them to inform that I have received their letter and will respond in due course. I have read other cases from people on this forum and it seems I should be looking for Cabot to provide the original copy of my credit agreement, which I thought they would have done considering they have been chasing the relevant info now for about 18 months.

 

Thankyou for reading.

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It's better if you start your own thread so you get answers specific to your case. The New Thread button is on top of the forum to the left hand side.

 

If you haven't done so, you need to send Cabot a request for a copy of the credit agreement under the Consumer Credit Act 1974. In reply you should get a copy of the agreement, statements and a copy of the Terms and Conditions. You can post them on here and see whether or not they are enforceable. Don't take anything Cabot says at face value because they will lie at will and fabricate documents.

 

CCA request letter.

 

Send a £1 postal order and print, don't sign, your name at the bottom of the letter. They have 12 (+2) working days to reply and if they don't reply in that time you can put the alleged account into dispute.

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Dealing with Cabot who have taken forever to send a copy of the assignment notice (although i am going to check if this is legally correct). However, given all the debates on the recent court case, how does the request for a copy of CCA now stand?

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My only concern now is since the manchester case they will become even more aggressive.

 

DON'T FORGET WHEN THEY LOSE WE SHOULD BE PUSHING FOR COSTS

 

Probably.... but possibly not as much when they realise that you know that the Manchester lot lost because they were the Claimants... ;)

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  • 2 weeks later...

In the post yesterday morning were two envelopes from Cabot Financial.

 

The first one contained a letter from a certain Mr. Maynard, indignantly explaining why Cabot Financial were NOT obliged to send me a copy of their complaints procedure.

 

The other envelope contained a copy of their complaints procedure.

 

I guess its just "business" as usual.

 

SH

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Do post a copy of Uncle Kens letter assuming of course that you havent already forwarded it to the OFT.

 

This clown must really have a Death Wish for Cabot. Is it any wonder they lost 5 million quid if this is the calibre of CEO

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  • 2 weeks later...

Afternoon peeps - Have updated my Cabot thread - (most of you prob know it quite well by now :p)

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/166869-cabot-aarghhhh.html

 

 

- Am looking for suitable suggestions for response to latest letter - unless of course gen consensus is to ignore. Can't quite believe it is still dragging on.

 

Hope all are well - Take care and thanks as always, Mpols x

 

 

Ps. SH - That kinda sums it all up really doesn't it! :rolleyes:

Edited by mysticpols06
pixies :p

'Confidence grows & heartbeat slows to a steady stronger beat, as each member unites, against DCA fights & we all sail aboard the CAG fleet!' :rolleyes:

:pKeep smiling peeps!

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