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    • next time dont upload 19 single page pdfs use the sites listed on upload to merge them into one multipage pdf.. we aint got all day to download load single page files 2024-01-15 DBCLegal SAR.pdf
    • If you have not kept the original PCN you can always send an SAR to Excel and they have to send you all the info they have on you within a month. failure to do so can lead to you being able to sue them for their failure.......................................nice irony.
    • Thank you and well done  for posting up all those notices it must have have taken you ages.. The entrance sign is very helpful since the headline states                    FREE PARKING FOR CUSTOMERS ONLY in capitals with not time limit mentioned. Underneath and not in capitals they then give the actual times of parking which would not be possible to read when driving into the car park unless you actually stopped and read them. Very unlikely especially arriving at 5.30 pm with possibly other cars behind. On top of that the Notice goes on to say that the terms and conditions are inside the car park so the entrance sign cannot offer a contract it is merely an offer to treat. Inside the car park the signs are mostly too high up and the font size too small to be able to read much of their signs. DCBL have not shown a single sign that can be read on their SAR. Although as they show photographs which were taken the year after your alleged breach we do not know what the signs were when you were there. For instance the new signs showed the charge was then £100 whereas your PCN was for £85. Who knows, when you were there perhaps the time was for 3 hours. They were asked to produce  planning permission which would have been necessary for the ANPR cameras alone and didn't do so. Nor did they provide a copy of the contract-DCBL  "deeming them disproportionate or not relevant to the substantive issues in the dispute" How arrogant and untruthful is that? The contract and planning permission could be vital to having the claim thrown out. I can find no trace of planning permission for the signs nor the cameras on Tonbridge Council planning portal. and the contract of course is highly relevant since some contracts advise the parking rouges that they cannot take motorists to Court. I understand that Europarks are now running that car park which means that nexus didn't  last long before being thrown out.....................................
    • Hi,   I am not sure if I posted this already here but I don't think I did. I attach a judgement that raises very interesting points IMO. Essentially EVRi did their usual non attendance that we normally see, however the judge (for the first time I've seen in these threads) dismissed the notice and awarded me judgement by default because their notice misses the "confirmation of compliance" paragraph. in and out in 3 minutes (aside from the chat at the end with the judge about his problems with evri) Redacted - evri CPR loss.pdf
    • Just to update this. I did apply to strikeout and they did not attend the hearing. I won by defualt and the hearing lasted 5 minutes (court only allocated 15). The judge simply explained that the only matter he was really considering is if the Defendant could have any oral evidence to defend the claim. However he said he had decided that based on their defence, and their misunderstanding of law, and their non attendence he did not think they had any reasonsable chance so he awarded me SJ + Costs on the claim form + the strikeout fee. Luckily when I sent the defendant the order I woke up the next day to a wire trasnfer for the full sum of the judgement
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cabot AGAIN


sonic140
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I'm wondering about the blacked out items too, perhaps its the info about how much they bought the debt for ?

 

I have, in my possession, two different (debt) purchase paperwork involving Cabot. In the first one, they paid 8p in the pound for every debt in the portfolio and on the second one they paid 12p in the pound for every debt.

Just hate every DCA out there

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  • 2 weeks later...

Have sent dispute letter and waiting for response. In the meantime I have received another reem of paper from Cabot stating it is standard disclosure, only difference now is extra statements and attached. says they have credit agreement but it is the same as before.

I also have a form from the court. should I send a copy of my dispute letter to the court or wait and see what Cabot do?

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Sonic, you seem to have a number of threads on this Cabot issue, which is a bit confusing. as no single thread has all the facts and info, which people need to give the most relevant and helpful advice.

 

Have bumped up your thread on the legal forum. :)

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Thanks Debt4get, these people are hassling my dad as they don't know where i am now (debt is at least 7 years old) is there a way to stop them doing this as threats of baliffs and charge orders being made. By the way i moved from there about 20 years ago so i guess they are just trying their luck.

 

Regards.

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try this send rec delivery

Dear Sir/Madam

I do not acknowledge any debt with your company

Acc/Ref No

you have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

I await your written confirmation that this matter is now closed and that no further contact/action will be made concerning the above account after that last letter.

 

I look forward to your reply.

 

Yours faithfully

 

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  • 3 weeks later...

Back again. got response 263aix4.jpg , basically telling me to get lost. they also said my paperwork to court is late. contacted court and they say they havent received it. Only letter I never sent recorded, lesson learnt!! Can Cabot keep hold of the credit agreement and then produce it in court or are they obliged to show everything before? (Never ever requested a SAR,only CCA letters )

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  • 2 months later...

Help!!! Never received court date but taken to court on 27/5/10. Got letter from court last week. Judge gave them decision. £9000 plus interest plus £3000 costs!! Got a folder from Cabot a week ago with their evidence.

Can I ask for this to be set aside or do I just give up and try and get a payment plan? I know they want to try and get a charging order on the house I owned with my ex. ( I still have my name on mortgage because shes at uni and cant afford to take over mortgage till she finishes studying)

As always all help very much appreciated:confused:

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if you were never informed about the case then you should apply to set aside...charging orders are now virtually worthless and should not be viewed as the dca is gonna sell my house..

link here for charging orders and what now happens

http://www.bllaw.co.uk/pdf/financeandrecoveries_0806_charging%20orders%20on%20property.pdf

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  • 1 month later...
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