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    • and it will be also now written off under age related criteria anyway.
    • @dx100ukThanks for this! I'm still not clear if I'm facing more than 6 points on my license though. Can you explain any further please? When I accept the 2nd speeding ticket, will they just charge me £100 and 3 points, or will they be more severe consequences since that offense took place the following day of the 1st offense? Similarly, when I accept the 3rd offense, will they look at my record or just charge me with the £100 fine and 3 points? @Man in the middleI've been searching the forum and you seem very knowledgeable. Would you mind giving a look at my query please? Thanks in advance!!
    • Yes of course. That's why it says cc:: BIg Motoring World at the bottom. Don't imagine that this solves the issue. It doesn't. He not have to force the finance company and big motoring world to accept the rejection to give your money back. I suggest that you get the letter off tomorrow. And let us know what you hear but on Friday you should then send a threat to the finance company.   Have a look what I have said here about your options and read the whole thread as well.  
    • Been perusing the actual figures on the polls above wondering where the '16% claimed for deform comes from? I understand that there are 'weighted' end results based on secret calculations ...   Probably going to repeat this later, but remember that the ukip/brexit/reform/deform party has ALWAYS had poll speculation FAR better than their actual  performance at elections - by large margins. SO: The labor and Tory votes come largely from simply the people who say they will vote for them - sorted Lab 43% Tory 20%, with maybe another small 1-2% coming from the weightings of the 'not sures' Greens largely get what is declared from 'other' , although with another declared green bit from the 'pressed' question   So as the share of the voting displayed in 'other' granted to reform/deform is around 11%, where does the '16% too often being reported come from? Seems that reform has been granted as beneficiary of effectively ALL the don't knows and wont says, who when pressed didn't actually declare for someone else ... effectively adding 40%+ to their reported polling % - rather strange given their consistent under-performance compared to polling - or perhaps that is the cause of the higher rating eh?   Now I admit the possibility (probability?) of wingers being ashamed of declaring their support for the yuckey lemon end of the spectrum ... but surely  that should affect the 'Torys as well? Maybe the statisticians have simply weighted in that deform wingers are simply more likely to lie?   But - without 'weightings' and assumptions that faragits will get everything that isnt declared as a definite and unequivocal 'not that Piers Morgan' - reform is on around 11% it seems.   Add to that the history of polling a lot less than the hype - and the simple fact that faragit wingers seem to be spread across the country (presumably skulking in their moms spare room despite being 45+) and greens and lib dems seem to be community minded - I think two seats will be an epic result for farage. Hardly the opposition - far more raving wingnut party.   and importantly - Has farage got a home in clacton yet?
    • "as I have no tools available to merge documents, unless you can suggest any free ones that will perform offline merges without watermarking" (which you don't) ... but ok please upload the documents and we'll go from there
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    • 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
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Viva Hate V Cabot


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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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Having taken the steps you have so far, I always move on now to formally requesting a copy of the credit agreement under the cca1974.

 

Remember to send a £1 POSTAL ORDER. Do NOT sign your name and send by RECORDED DELIVERY!!

 

Then see what, if anything, they come up with. If and when they contact you, scan and post up what they send (removing personal details etc) and we'll have a look and see what is what.

 

Hope this helps.

Cheers.

UF

 

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

OR ANY COMPANY YOU PURPORT TO REPRESENT

Dear Sir/Madam

 

Re:- Account/Reference Number 4563210025897412

 

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.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

 

 

 

 

I am a first year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. If you are in doubt, always seek professional legal advice from a qualified lawyer.

Edited by UnitedFront
  • Haha 1

I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

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Ok, a CCA request has been sent off to Cabot ( recorded delivery, 6th Jan).

 

Not expecting a prompt response and can only guess what kind of reply I will eventually receive. In the mean time I was wondering if the fact Cahoot Credit Card failed to offer a default notice, will this help my case in anyway?

 

When buying my house is 2007 there was no sign of any default on my credit report so only assume this is still the case.

 

Sorry if this is a stupid question :confused:

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  • 3 weeks later...

I've received a letter back from Cabot. They claim they have included an "enforcable credit agreement". Sorry I don't have a scanner to show a copy of this.

 

In the meantime, what should I be looking for? I cannot see anything relating to my right to cancel and also nothing with regards any charges for late payments

 

Thanks

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Have a quick look at this thread:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

 

It shows what needs to be there. It would be most helpful if there was any scanner you could use (maybe local library?) as then members can look and offer more accurate advice.

 

Cheers.

UF

I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

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Have a quick look at this thread:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

 

It shows what needs to be there. It would be most helpful if there was any scanner you could use (maybe local library?) as then members can look and offer more accurate advice.

 

Cheers.

UF

 

 

Thanks UF,

 

I've managed to scan the two page document but the size appears to be slightly too big for this website :-x. Could I email it to you?

 

VH

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So a card you took out pre 2005? They have sent you the T&C's for this year?

 

Well done cr@pbot!:D

 

IMO you should send them the 'Failed' letter..http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

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!

 

 

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Hello,

 

I think you're right and will send off a letter to them regarding this. I'm no doubt sure they will be able to then send something with "2002" written on it, whether or not originally from that time though, who can tell?

 

I feel I'm getting close to the stage of wanting to make an offer to them to just get rid of them as this dispute has been running 18 months now. I know this is their plan so don't want to give up yet but it is draining.

 

Thanks again

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You are correct, this is exactly how they operate, by wearing you down to the point you just cave in and give up.

 

This is not the recommended course of action, dig your heels in and make them do all the hard work, let them see they can't get blood from a stone.

 

I guarantee, as soon as you make them an offer, this will not be enough, or they will accept, then sell the remainder of the debt to a new DCA and the whole cycle will carry on.

 

Look at how much of the financial institutions we own or have a share of now, courtesy of our self elected PM.

Northern rock, we own it 100%

Lloyds Banking Group, we own 42% of it.

RBS, we own 84% of it.

 

And they still expect to be further bailed out?? I'm sorry if I owed anything to any of the above I would be deducting what percentage we have already bailed them out off my total debt.

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!

 

 

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  • 3 weeks later...

Brief update,

 

I wrote back to Cabot on 1st Feb informing them that the terms and conditions they sent seem to just be a print off from the current Cahoot Credit Card website (2010) and politely reminded them that I have been requesting correct info from them since July 2008.

 

No reply yet but will update again once they do.

 

Just one other thing, I'm not really clear on the rights and wrong of how default notices should be given. I have never seen a default notice for the Cahoot Credit card in question and certainly wasn't on my credit file when I bought my house in 2007. Does this have any relevance to my defence against Cabot?

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Well I have had a reply.

 

Basically the letter states "that the copy enclosed is an updated version of the terms and conditions and as such complies fully with our obligation under sections 77/78 of the Consumer Credit Act"

 

They have asked that I reply within 14 days with a repayment proposal or account will be escalated.

 

So, any ideas folk?

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They always say that they will escalate - that's all they do, escalate. I would send the Account in Dispute letter to their complaints department and tell them as far as you are concerned the matter is closed and any further letters in connection with this disputed account will be forwarded to the OFT for their attention. Note that writing goes right through one of the bottom lines.

 

Now, remove the documents and repost them. Your personal details and address and phone number are on them - you should have covered those over to protect your identity on the internet.

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yeah ive been through the pre-school, prelitigation dept. etc etc..had another letter today and i quote..right you have been warned!!!we are now going to send an external doorstep collector to your home!!!mrs d4g is out there now in the cold polishing the bl**dy doorstep...dont know what they are going to do with mind

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yeah ive been through the pre-school, prelitigation dept. etc etc..had another letter today and i quote..right you have been warned!!!we are now going to send an external doorstep collector to your home!!!mrs d4g is out there now in the cold polishing the bl**dy doorstep...dont know what they are going to do with mind

 

I think the plan to come and dig it out , leaving you with a large hole to fill lol:lol:

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