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    • My Ebay account was permanently suspended for "buying activity" allegation. I literally have no idea what they are talking about.   It's literally impossible to contact them by email or phone if your account has been suspended. They owe me: 1. £400 for items sold which have been delievered to the buyer 2. £350 for a faulty computer screen I purchased , which I now can't return. It's unacceptable they should hold my monies under these circumstances.I have video evidence the computer screen is faulty. But its completely frustrating, because you cannot under ANY circumstances contact  them by email or phone if your account has been suspended. So I cannot find out what guidelines I'm supposed to have broken. I'm not prepared to accpet this. I have Ebay's physical address. I am going to go to the small claims court, and appoint bailiffs `if I win and they don't pay up. Do you think Trading Standards would be interested? Or is there an Ombudsman to go to? With literally millions of accounts, this must be happening all the time. Ebay must be retaining millions of pounds under false pretences. Is it not the law you can retrun a faulty item bought over the internet, whether from ebay, or anywhere else?
    • Although this situation is mildly disturbing like a fly trapped behind the curtain on a warm day, your creative responses are always a joy to read, Dave. Cheers. Will send across. 
    • Hi I stupidly left my handbrake off,  and my car rolled down a hill and into a fence owned by a company. I am a part owner of the company that owns the fence. My car insurance (Prima) states they won't cover the damage to the fence, just the car as they state  "you own the land', although I don't and I did make that clear to them when reporting the accident.. I understood a company is a separate legal entity, so should be considered third party damage and car insurance should cover? The property has a £400 excess and I'm already going to be paying out the £500 excess on car insurance, so want to avoid paying both if I can.. Thanks for any advice you can give...
    • Lowell , Cabot etc, I'm not sure how I can politely put this, but F taking money from your kids mouths to pay them!
    • Yes, they are digging themselves into a ditch, with regard to people like you who fight back. Remember that, sadly, the vast majority of motorists who get these tickets think they are fines, that companies like ECP have some sort of official status, and give in and pay. They are just putting barriers in your way and encouraging you to fold. How about this as a reply - Dear ECP, Re: Subject Access Request PCN no.XXXXX I refer to my Subject Access Request dated XXXXX and received by yourselves on XXXXX. Thank you for your bizarre letter of 23 April.  Your letter requests Photo ID - which I have already sent to you.  The letter also requests proof of ownership of the vehicle - this is impossible to produce as the vehicle in question was on hire. In any case requests for proof of ownership are silly given your PCNs invite registered keepers to nominate drivers who do not own vehicles. I note all this concern for correct identity was absent when you decided to send letters threatening me with all & sundry if I didn't pay you money! The SAR was received on XXXXX.  I have already sent Photo ID.  The clock is ticking.  I am well aware that I would have the right to complain to the ICO and to sue you for not respecting your statutory duty should you not respect the 30-day deadline. Tick, tock. Yours, XXXXX
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County Court Claim form received - Cabot ***WON***


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A *Stonking* good Order that one Bo :D give yourself a pat on the back :D

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Thanks guys, think you have the judge to thank for that one - obviously done his homework 8-)

 

Not counting chickens but may just put the Part 18 off for a while !!

 

Sorry I'm PMSL here and it's only just gone 6am - where on earth did you get that Avatar Car - love it :lol:

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Thanks guys, think you have the judge to thank for that one - obviously done his homework 8-)

 

Maybe he's a CAGger... :lol:

 

Sorry I'm PMSL here and it's only just gone 6am - where on earth did you get that Avatar Car - love it :lol:

 

I know, I almost pee'd myself when I saw it, and it sums up the Site Team's role very nicely, so I took it as my own.

 

This is what the Judge will be doing to Cabot in your claim! :violin:

 

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BO, this is excellent news, well done.

Just shows the DJ lottery up again though, we had similar POC, AQ etc etc, and I have a date for mine, hopefully sense will prevail in the end for both if us.

Well done again, this is a good move!

DC.

 

Received this from the court at the weekend ;-)

 

IT IS ORDERED THAT

 

1. Unless by XX Oct 2010 the Claimant files full particulars of claim including reference to the original

contract, and if a regulated agreement under the Consumer Credit Act

 

a) a copy of the agreement

b) a statement of account

c) the default notice

d) documentary evidence of the assignment

 

The claim will be struck out

 

2. On compliance by the Claimant with paragraph 1 hereof the Defendant shall send to the Court and to the Claimant

a fully pleaded defence.

 

3. This Order was issued without a hearing, if you object to this order you have 7 days from the date of service of this

order to apply to set aside, or revoke this order.

 

Dated XX September 2010

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We need to take one step at a time, here, though, as there's no guarantee that the Judge issuing that Order will be the Judge to hear the claim.

 

Sorry to p on your bonfire, but someone needed to say it before we all get a little too excited.

 

Now, if you do get that Judge, I'd like to be a fly on the wall, please...

 

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BO, this is excellent news, well done.

Just shows the DJ lottery up again though, we had similar POC, AQ etc etc, and I have a date for mine, hopefully sense will prevail in the end for both if us.

Well done again, this is a good move!

DC.

 

Thanks DC. I may have got lucky, you never know. I really need to read your thread. Hope that it works out for you though :-)

 

Hi

 

Glad you have won with the DJ lottery, l didn't win but l feel happy every time that someone else does,,

 

Cups

 

Not necessarily cups but hey, maybe I got lucky for once in my life. Sorry that you didn't win yours. I may have read your thread, can't remember now I've read so many. Will put it on my "to do" list which is never ending LOL

 

Please send your DJ to my court!!!!

 

Hey girl I know where he is and if I could send him I would. We need more DJs like him I think! Perhaps I am in the wrong job :!:

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We need to take one step at a time, here, though, as there's no guarantee that the Judge issuing that Order will be the Judge to hear the claim.

 

Sorry to p on your bonfire, but someone needed to say it before we all get a little too excited.

 

Now, if you do get that Judge, I'd like to be a fly on the wall, please...

 

Car you can pee on my parade love, the amount of personal crap I have going on at the moment, nothing would surprise me now. As I said, I don't count chickens.....

 

If I get that judge, you will be there never mind the fly. I'll get you a pint afterwards :lol:

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Hi All,

This has been a fascinating read over the past couple of days.

Well done BO and fingers crossed for you.

It is probably irrelevant in this case now, but Morgans statement at post 272 may be useful for others.

They state: '5.2 The Claimant was not required to send Notice of Assignment to the

Defendant by recorded of special delivery. The Notice of Assignment is

sufficiently served for the purposes of Section 196 (3) of the Law of

Property Act 1925, if it delivered to the last known place of abode when

delivered by ordinary post. The Claimant relies upon Kinch v. Bullard

[199e] 1 FLR 66."

My reading of that part of the Act specifically mentions registered post.Nowhere does it mention "ordinary post".

The caselaw they seem to be relying on does not back up what they are saying either.This also does not mention "ordinary post",although to be fair, it does not specifically mention registered post.

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Thanks Pabrmu

 

Lots to update Caggers on.

 

I've received my SAR back from Cabot on disc (just on the 40 days!). Not gone through it with a fine toothcomb yet but I notice on my account history, a request to Hitachi for the T&Cs. Will have a good read through it.

 

Also received SAR back from Hitachi - very thin on the paperwork. Something else to go through.

 

But the biggie is that Morgans/Cabot have now submitted full POCs to the court within the time allowed. They state on their covering letter that there was no legal requirement to serve a Default Notice.

 

Where to go from here?

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But the DJ has requested the DN in his/her Order

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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But the biggie is that Morgans/Cabot have now submitted full POCs to the court within the time allowed. They state on their covering letter that there was no legal requirement to serve a Default Notice.

 

Where to go from here?

 

I take it this was for a loan then? I assume that they are claiming no default notice is needed if the loan agreement has come to an end and they are asking for the whole amount which is now classed as arrears... it shouldnt be allowable tho if this was a rolling credit agreement such as a credit card/store card.

 

S.

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But the DJ has requested the DN in his/her Order

 

Hadituptohere

 

He did! But they've sent everything they've got to the court including amended POCs. Still no T&Cs though. It will depend on what he thinks of their reply I suppose. They haven't complied with the order though...

 

I take it this was for a loan then? I assume that they are claiming no default notice is needed if the loan agreement has come to an end and they are asking for the whole amount which is now classed as arrears... it shouldnt be allowable tho if this was a rolling credit agreement such as a credit card/store card.

 

S.

 

Yes it was a credit/finance agreement. They make no mention of the DN in the POCs though, they just state that it was not a legal requirement to provide a DN on their covering letter.

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Interesting they only quote costs of £1k :lol: IMHO they are trying to cap YOUR costs to 2/3 of theirs when they lose

The 'normal' costs to this point would be over £3k with £3k the quote for going to the hearing

 

@BO I would seriously consider a Part18 request to clarify the current status of the account.

If it is terminated then when and by whom was it terminated

and if it has not been terminated then who is the current creditor as you wish to see a copy of the current agreement together with all T&Cs.

 

My thoughts still stand re a Part18 request ....

 

The account is either

still live - in which case who is the creditor

terminated - in which case when & by whom & where is the DN.

 

If they reply saying it has 'ended', then there are no arrears, as arrears by their definition are only on an active account .... (you can have 'arrears at termination' but not arrears on a terminated account)

If you find my advice helpful - please click on my scales

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Yes it was a credit/finance agreement. They make no mention of the DN in the POCs though, they just state that it was not a legal requirement to provide a DN on their covering letter.

 

How exactly did they put that? was it that there was no reliance on s87 and therefore no need to file a default to the defendant?

 

S.

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Bo can you post up the POC for us all to see? Gh is right another Part 18 is called for. The Judge did specifically ask to see the DN as (I believe from memory) he confirmed if it was a CC regulated agreement.

 

I'll let Bo post it up but I don't think s87 is even mentioned I think they are using breach of contract.

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I'm interested in this, I think they have done the same to me, just compiling a WS now, so want to get all relevant info in.

 

I have a letter from Morgans saying the DN is not required. Will have to dig out the POC again.

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Originally Posted by gh2008

Interesting they only quote costs of £1k IMHO they are trying to cap YOUR costs to 2/3 of theirs when they lose

The 'normal' costs to this point would be over £3k with £3k the quote for going to the hearing

 

@BO I would seriously consider a Part18 request to clarify the current status of the account.

If it is terminated then when and by whom was it terminated

and if it has not been terminated then who is the current creditor as you wish to see a copy of the current agreement together with all T&Cs.

My thoughts still stand re a Part18 request ....

 

The account is either

still live - in which case who is the creditor

terminated - in which case when & by whom & where is the DN.

 

If they reply saying it has 'ended', then there are no arrears, as arrears by their definition are only on an active account .... (you can have 'arrears at termination' but not arrears on a terminated account)

 

Yes, totally agree gh, Part 18 request in the pipeline ;-)

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