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    • Thank you dx, that is what I intend to do now. I have gone through all the SAR documents, a lot of which I am seeing for the first time! As per my previous post #116 letters and statements alleged to have been sent to me, as recorded on their system notes I have not received. Letters I have sent requesting information and account statements have not been recorded as being received by them, all were sent either by Recorded or Special Delivery. I have all the proof you menrtioned from my files for payments and from their SAR info for fees added. Thanks t
    • In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
    • Sorry, I haven't ever seen one of these agreements. Read it all and look out for anything that says when she can withdraw and when she is committed to go ahead. If it isn't clear she may need to call the housing provider and simply say what you posted here, she doesn't want to go ahead and how does she withdraw her swap application?
    • Thank you! Your head is like a power bank of knowledge.  Her health issues are short term, due to a relationship breakdown she took it pretty hard and has been signed off work on medication for 3 months. She only started her job in February 24 so does not qualify for any occupational sick benefits, which is where the ssp only comes in. (You will see me posting a few things over the coming days, whilst I try and sort some things for her)  I sat with her last night relaying all this back and she does want to work out a plan, she was ready to propose £100 for the next 3 months and then an additional £70 per month onto of her contractual to "catch up" but Money247 rejecting the payment holiday and demanding £200 thew her, which is why I came on here.   
    • I've looked at your case specifically more.   Term 8bii reads " when, in accordance with instructions from the Customer or the Consignee, the Consignment is left in a safe place" Their terms choose to not define safe, so they are put to proof that the location is safe. If your property opens onto a street its a simple thing of putting a google earth image and pointing out that its not a safe place
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Cabot - I really need help now!


Boss-man
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threatening them with fraud does not work , i recieved a reply card as my cca when i explained there was no prescribed terms they copied a section of terms and stapled them to reply card to try and make it look attached , i threatened legal action for fraud 3 months ago and still this week am getting threatening letters

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yes boss-man i did think about it but after reading other posta on here i see the police do not really want to help , i just thought i would now wait until they take me to court and use it as part of my defence , lets see what a judge makes of it

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Hi Spidey,

 

Thats if it gets that far, and from reading other posts even if it does they probably wont show if you file a defence.

 

What gets me is why they keep pursuing it when they know its not enforceable and so do does the person they are chasing! If someones gone to the trouble to find out their rights and the details of consumer law on agreements etc then its obvious they know their rights and obvious they are going to defend it until the bitter end, even in court. They must be wasting so much money on these cases!

 

My letter has gone off to them so lets see what happens next.

 

Cheers

Bossman

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Hi Boss-man. Did you ever get a default notice from the Halifax? I ask because I got one and it was defective.

 

Regards.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Well Im in the same boat as the rest of you, its going to be like the Titanic soon!!

 

App Form, illegible, T & C's from some time who knows, DN defective etc etc. Quoted relevant case law for all, but what do I know? Charlie Mitch*ll (m/f?) tells me T & C's can be in any no of different docs, or so The Sec of State has determined! WTF!!! Where do they get these peeps from?

 

He/she, tells me they "have a duty to the credit industry to record my defaulting activity", not having any signature giving my permission for data handling doesnt seem to worry him/her. Nor does the fact that the alleged debt was purchased by Cabot Financial (UK) Ltd, but the reporting is done by Cabot Financial (Europe) Ltd because they are the servicing company. Still no permission for another co to handle my data, oh along with their Underwriters who also have access to my data to make financial decisions on!

 

I have decided to send said Master/Miss Mitch*ll a xmas card and a Maoam for his journey from school to Cabot Towers ; )

 

I am scared, but also looking forward to going to court, eek!

Advice & opinions given by spartathisis are personal, are not endorsed by Consumer 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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If you tried to make a film about it all, no-one would believe you. I am still awaiting some info requested 1yr ago on an account they bought from Halifax, the account is still on hold though. Havent told them its an App form and the Halifax DN was totally defective;)

Advice & opinions given by spartathisis are personal, are not endorsed by Consumer 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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Latest update guys.

 

I have a received a letter telling me they will be calling on me on a certain date between 8am and 9pm!

 

Do you think they will come or is it just a threat to get me to contact them? I cant risk anyone turning up over Christmas due to family being here.

 

Having said that, should they decide to pay me a visit they will be promptly removed from my property by any means required :)

 

Cheers

Bossman

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Are you sure it says calling on you or is it more obscure than that and just a threat to call you? The one ones I've had in the past say Call.

The Grand essentials of happiness are: something to do, something to love, and something to hope for.

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Latest update guys.

 

I have a received a letter telling me they will be calling on me on a certain date between 8am and 9pm!

 

Do you think they will come or is it just a threat to get me to contact them? I cant risk anyone turning up over Christmas due to family being here.

 

Having said that, should they decide to pay me a visit they will be promptly removed from my property by any means required :)

 

Cheers

Bossman

 

It's very unlikely that they will call- it's just another nasty scare tactic. In the unlikely event that they do turn up tell them to go away. If they refuse or they cause hassle, just call the police.

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I really wouldn't worry about these jokers they are pathetic and laughable.

 

just send them this.

 

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,

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

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Latest update guys.

 

I have a received a letter telling me they will be calling on me on a certain date between 8am and 9pm!

 

Do you think they will come or is it just a threat to get me to contact them?

 

 

I maybe wrong here but I don't think anyone has ever seen a doorstep collector from these idiots, they've threatened me several times but nobody ever turned up......:( but just in case send the letter.

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regardless of them coming or not (which I doubt).

 

They have no legal powers.

 

None. Absolutely None

 

you could tell them to sling there hook and they can do nothing about it

 

Why would they bother calling at all?

 

They have an unenforceable debt with no CCJ and no hope of getting one.

 

...and...and ....they know it hence the scary letter to bully you into calling them.

 

Don't call them and stop worrying, with 300 odd posts I think this qualifies me

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

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With the state of some of the doorsteps round where i live, they can come and collect them :)

Advice & opinions given by spartathisis are personal, are not endorsed by Consumer 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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Hi Guys,

 

Yes, the wording is we will call on xxx between 8am and 9pm. If this is not convenient then please call us.

 

Think its just to make you think they may come round. When will they get it into their head I'm not in the slightest bit frightened by them!

 

Cheers,

Bossman

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POSSIBLE Letter when a questionable agreement/application is sent.

 

The prescribed terms must be in the same section of the agreement as the signature box. If there is nothing obvious that links them then it is not an agreement. You are home and dry on the statements - they tried to pass off someone else's statements as yours then sent you something completely different - that would never stand up in court. Cabot are now desperate and are not above concocting documents to argue their case. Threaten them with court action for fraud and they will run a mile.

 

hi

 

I am in the same position they sen tme a dubious document they alleged is an agreement ( al least they are now bound fo r what the said) and by being cross-examined it is unenforceable an d with wrong details

 

Any comment swould be appreciated th e thread is

 

help - DCA reckon found CCA BUT it is dubious

 

Thanks

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Hi Guys,

 

Yes, the wording is we will call on xxx between 8am and 9pm. If this is not convenient then please call us.

 

Think its just to make you think they may come round. When will they get it into their head I'm not in the slightest bit frightened by them!

 

Cheers,

Bossman

 

i think it refers to a telephone call, you know. we will call on xxx between 8 and 9...then please call us..of course this is what they want you to do, typical crapbot, i did ring them and the nice lady told me she would wipe off all the charges. (their own illegal ones i hasten to add) 800 quids worth, providing i paid the balance, another 800 quid on the phone their and then..and what card would i like to use?

i have a xmas card if that is any use?:D

I dont think you are taking this seriously sir?:confused:

no, your right i aint, where is my enforceable cca? oh and while i have you on the phone, what the hell has barclaycard got to do with providian?

err nothing sir?:confused:

then why send me a barclaycard headed notepaper, undated, saying that this is the notice of assignment??:eek:

OOPS, we will ring you back sir

you bloody wont you dont have my number and you aint getting it

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  • 4 weeks later...

Hi All,

 

Just and update, I need advice again on this now please.

 

When Cabot provided me with the first set of docs I wrote back saying they were incorrect. They in turn replied with some more documents saying that these were enforceable and legitimate etc (copies of letter and documents have been attaced on previous post).

 

I then wrote back again a second time saying they are not enforceable, and I have received another reply today stating that I am mis-informed and have no grounds to dispute, the docuementation is enforceable and If dont make arrangements to pay they will escalate to the next collection level :)

 

Where do I go from here, the documentation provided is attached to this thread if anyone needs to look at it, but so far everyone who has says its not enforceable.

 

Do I write back again saying its not, or I just write back saying I am not satisfied with their respones and am now taking further action on this, i.e. trading standards or FOS?

 

It seems its just tit for tat at the moment, eveytime as say its not enforceable they come back and say it is. Thing is they can keep coming back as much as they want I have no intention on backing down on this :p

 

Any advice would be appreciated.

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I’m in exactly the same boat as you currently, letter tennis, I’ve decided to just ignore them from now on. My debt has risen from 9k to 16k and they have my signature on an application form. They also say I’ve admitted the debt is mine because I’ve made payment on the account.

I’m just going to sit tight and see what happens, with the debt being so high, mainly with charges, I’m sure they’ll try and take me to court, but time will tell.

Hang in there, and if you feel like taking the path I am, we’ll both be in the same boat.

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