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    • You haven't returned to the thread to give us your views, but a couple of other things strike me which you should consider: 1. You say that at no time was your father's licence revoked by the DVLA. It didn't have to be revoked. It expired in September and his "entitlement to drive" (of which the licence provides proof) expired along with it. He could only continue driving whilst his application was being processed by virtue of s88, and it seems clear to me (based on what you have said) that he was not able to take advantage of the benefits provided by that section. 2. The letter he received threatening to revoke his licence was probably a template letter sent when any medical issues are brought to the attention of the DVLA. But it is clear that beyond September until it was eventually renewed, your father had no valid licence to be revoked. I believe a "not guilty" plea in court will fail. The basic facts are that your father's licence expired in September, it was not renewed until February because the DVLA were looking into his medical declaration and he could not take advantage of s88. So in December he had no licence and no entitlement to drive under s88. The facts that he believed he was fit to drive and that his licence was eventually renewed may mitigate the offence but they do not provide a defence. I also asked whether he had received a summons (very unusual these days) or whether he had received a "Single Justice Procedure Notice". The way to proceed from here differs slightly depending on what he has received so if you let me know, I'll advise further.  
    • Well, what I've read from various sources suggest if a CCJ is 6 years old that if becomes pretty much ineffective for enforcement purposes in its original form.  And that if it's about to expire then the claimant needs to apply to the court to extend the original CCJ within the final year.  Even if they do apply for an extension within the 6 years they have to have a very strong argument for doing so such as the person being out of the country or could not be traced, basically show they were actively still perusing the debt I guess. Now if a claimant ever does apply within the 6 years to extend the CCJ, would the person named on if be notified by the court that such an application has been made?.  In my case I've heard nothing from the court so assume no such application has been made.  The original CCJ in my own case is now a year beyond the 6 years of issue so must now make things even less likely again. So whilst the CCJ exists that they have not enforced it in that time must surely make it unlikely they can now take it back to court because as said it would be very rare for a judge to agree to such action now. That said, I guess they now can't use the CCJ to continue with any action for an attachment order to our mortgage either?
    • Donald Trump now banned from countries including Canada and UK as convicted felon WWW.INDEPENDENT.CO.UK There are 37 countries that bar felons from entering, even to visit.  
    • Well, they trashed their last election manifesto pledges, so nothing new really is it? They just find weasel words to try to claim they haven't actually failed if you just look at it just a little squinted and in this particular way  - and are stupid.
    • I think they're inventing stuff now. They seem to know they won't be around to implement any of it.
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Continuing a financial arrangement.


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I don't want to start the conspiracy theorist's off, but.......

 

Oh please do, I love conspiracies :lol:

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

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1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Had an interesting one from Cabot this morning.

 

They inform my friend that her "agreement is terminated", as she has not complied with the default notice, and payments have not been made at the minimum level etc.

 

Goes on to say that she will have to pay the full outstanding balance immediately.

 

Now, the last letter we had from them was to say that a default notice was to be issued on 13th Sept, but we never received one.

 

Also, because they have never supplied a CCA, the account was placed into dispute back in April, they were reminded of this, in a letter that I sent them last Monday.

 

I get the impression that there are several fingers in this particular pie at Cabot, but that nobody is reading the train of letters relating to the account.

 

They are also going to report the status of the agreement to the Credit Reference Bureaux, apparently, [she isn't bothered, she doesn't need credit]

 

What's the advice now, sit tight, as they still haven't produced the CCA?

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

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Personally I would make a formal complaint to the compliance manager regarding the chaotic conduct of this matter.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I am about to submit a claim to Barclays, on my friends behalf, getting on for £700.

 

Some of it is composed of "late payment fee's", and some is PPI.

 

Do I put both on one calculation sheet, or should there be two sheets, please?

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

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sep claims sadly

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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OK thanks, both in the same envelope, to the Compliance Manager, or do they have a special department for reclaims?

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

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Whoops!

 

Ignore those last two submissions by me - I've just looked back through the correspondence, only to find that one claim, for both, charges and PPI combined, was submitted to Barclaycard at Northampton on 31st March, this year.

 

Nothing has been received from them, and this was the one that they then sold [CCA'less], to Cabot.

 

Stuff 'em, if they can't be bothered to reply, I'll wait for Cabot to send their next threatening missive, then I'll have it photocopied, and send it to Barclays - and vice versa with Barclays junk!

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

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I've recently written to the Cabot asylum, and in the first line I wrote "....and you may take this as a complaint"

 

Does that statement require them to treat it as a complaint, or do I have to send for their own complaint forms, and fill them in?

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

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It will depend on the frame of mind of the person opening the letter I think.

You could send it again headed '' Formal Complain'' then they have to acknowldege.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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"Frame of mind"? - that's why I referred to their place as an "asylum", Brig!

 

At the moment, I'm not sure if they simply cannot read, cannot be bothered to look at the past correspondence before hitting the "Print template letter no 43A", or whether they are being deliberately obstruse!

 

They've had three letters telling them that the account is in dispute, [no CCA], they keep sending "Your haven't paid", followed by "You can be placed in default", then "Right, that's it!, it's in default, now".

 

I sent a letter to their Compliance Manager the other day, [i doubt that they have one], asking why all these letters?

 

The account is in dispute, that's why no payments are being sent, please look into it.

 

Today, another one, "Your payments have failed", I'm hopping mad, what are they up to?

 

Anyway, rant over, thank you Brig, I'll send 'em a formal one tomorrow, ["There's life at Cabot Jim, but not as we know it"]

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

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Cabot have sent an acknowledgement to my complaint this morning.

 

However, they say that because they don't have my friends authority to deal with me, they want my her to sign the supplied consent form.

 

They also want her personal details, including her telephone number, and her "relationship", [whether that is her relationship to me, or whether they want to know if she is having a relationship, I don't know]!

 

Also her signature - as she is deaf, a telephone is one instrument that she has no use for, and as they have no CCA, her signature is something I won't send them.

 

They say that if it's not returned, then they will respond to her directly.

 

They've been dealing with me for many months, whether they know it, or not, and I think that it's "sour grapes", because I've got them over a barrel.

 

I thought of asking her to create a totally different signature, can anyone suggest a more suitable response?

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

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Ref post 224, I emailed Royal Mail, and they tell me that they don't hold a list of Franking Number "owners"

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

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Tell them that they have already been dealing with you as your friends advocate, and therefore all requests for further information are pointless.

 

Then report them to the OFT and Trading Standards for asking for information which is not relevant nor needed and is asked long after the initial contact by them.

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Thank you, SG1.

 

Super idea, I'll do that, I've been opening all of my friends post for several months now, anyway, except for what is obviously personal mail.

 

All of her financial stuff, water, elec, gas, and her bank account, are now being dealt with by me, and her money matters are now on an even keel.

 

Should I report them to TS in West Malling, or here?

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

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Hi Sam, The correct procedure is to have a letter of authority to act signed by the person you are assisting I have all the people for whom I act as litigation friend sign such a document.

 

Relationship in this that you are a friend assisting the person, they need know no more.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Barclaycard had a letter of authorisation, prior to it being sold to Cabot - they dealt with me OK.

 

In December, Barclays sent a letter to say that the account had been sold to Cabot, so I telephoned Cabot to get the reference number to put on my cheques.

 

I know what they say about telephoning, but it's the only time I've ever done it - and they gave me the information over the phone, so they accepted who I was verbally, and told me that they were recording it, [but I bet they couldn't find the recording, if pushed]

 

My understanding is, that when a new company takes on an existing account, then they accept it, "as is", and that would include authorisation.

 

Then, in December, after the letter, and the phone call, I sent Cabot a letter confirming that the reference number that I had been given, was the one that I would be using, to make my friends payments,

 

They cashed my cheques without any question, [i think that there were only two before the account was discovered to be in dispute], at no time have they queried anything, but now that they have been informed four times that the account is in dispute, they appear to be be desperate to divert attention from the complaint that I've submitted.

 

There is an easy way of getting them to deal with it, and that is to re-submit the complaint, and get my friend to sign it, of course.

 

The major flaw with that, of course, is that they haven't got a CCA, haven't got a signed CCA, haven't got a piece of paper with the necessary signature, haven't got a signature - are you seeing where this is going - giving this company a signature, isn't going to happen.

 

I've already written a letter along the lines suggested by SG1, but not posted it yet, plus letters to OFT and TS.

 

If they refuse to deal with me, then I can't see that there's much they can do, it's still in dispute, and if they are reading this, that's five times you've been told!

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

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Good batting, thinkman!

 

If my memory serves me correctly, the one that we sent to Barclaycard had her [much modified] signature, in fact, I couldn't even read it, but there were no repercussions.

 

I suppose that just as long as a little office junior has got something to file, then they are happy.

 

I'll get on to that on Monday, I'm off out in a few minutes, the local Indian restaurant is opening soon, and I am going to commit murder this afternoon - on a Chicken Balti, and a brace of "Cobra's", I might hasten to add!

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

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Share on other sites

You could also mention that other companies are dealing with you on behalf of your friend and you therefore fail to see why they are being so obstructive.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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