Jump to content


  • Tweets

  • Posts

    • Your case shows the idiocy of employing a solicitor to do things you could easily do yourself. Had Countryside dealt with their own case they would have entered judgement on 4 June and there would have been no way back for you. But they thought they were clever by running to Rachael and Sean of BW Legal for a more "professional" (aye, right) service.  These dodgy solicitors can only make money on private parking cases by doing everything on the ultra cheap and certainly cant check the judgement date for every single separate case. Ho!  Ho!  Ho! Anyway, glad you got the defence filed OK. The next stage is that the central bulk court will send out a simple form called a Directions Questionnaire to you and to Countrywide which is part of the allocations process to your local court.  If you read this short thread you will see all the stages of the court process  https://www.consumeractiongroup.co.uk/topic/406892-highview-parking-anpr-pcn-claimform-urban-exchange-manchester-claim-dismissed/#comments
    • It is already trespass, nothing further needed to make out trespass. Not sure where ‘interference with goods’ helps you / how you’d bring a claim for that that stops them parking there.
    • Thanks Dx,    For some further information, the holiday was booked as a package holiday for 2. One of the 2 had to be changed, and changing costs £700 for a new flight as "tickets had been issued and they cant do a name change". I cant quite figure out how compensation works for things when it comes to package holidays.    From what I can tell  - The plane was due to land in Turks and Caicos to drop off passengers, something happened during descent, resulting in technical fault.  - The rest of the original flight from Turks & Caicos -> Montego Bay was cancelled  - A New flight was put on today, which was then delayed by 1.5hrs aswell  - Hotel was provided for the night after much hassle.  - 1.5 days, 2 evenings of holiday lost  If I understand correctly, since the original flight (LHR -> Turks -> Montego Bay) was cancelled, they are both entitled to a refund on that full flight? I can't quite work out if they are only entitled to a refund for the equivalent of Turks -> Montego Bay, or for the full LHR->Turks->Montego Bay, since it was issued as one ticket/all Virgin, and they should have arrived yesterday..?)  I can't work out how to get the cost of that compensation, or whether its a set figure, and how the loss of days of holiday is factored in   I am aware:  If you received less than 14 days’ notice of the cancellation, you are generally due compensation, awarded in pounds or euros depending on where your flight was due to depart from, according to the following scale: £220 / €250 for all flights of 1,500km or less (e.g. Glasgow to Amsterdam); £350 / €400 for all flights between 1,500km and 3,500km (e.g. East Midlands to Marrakech); £520 / €600 for all other flights (e.g. London to New York). Compensation will be reduced by 50% if the arrival time of the replacement flight doesn’t exceed the arrival time of the original flight by: two hours for flights of 1,500km or less; three hours for flights between 1,500km and 3,500km; four hours for all other flights. So I "think" its £520pp for the flight part as compensation (7500km)... but some sites say its a full refund for the flight... is it both?  Thanks,  Ryan  
    • Our business was only transacted digitally as I was not in England at that time.  
    • Funny. But not sure I should ! Wondering if I could place pots and plants - which a) would look nice and b) would it then be trespass and interference of goods?
  • Recommended Topics

  • Our picks

    • 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
        • Like
  • Recommended Topics

Cabot


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4592 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Yes I did, in May 2010, their response was:-

 

 

Dear Mr ******,

 

Thank you for your recent email.

 

Please confirm what it is you are disputing on this account.

 

We look forward to hearig from you.

 

Yours sincerely

Cabot

Link to post
Share on other sites

  • Replies 122
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Time to remind them of their obligations I think.

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:

Link to post
Share on other sites

did you check the date the pdf file was created on?

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

Link to post
Share on other sites

You could also reply that upon receipt of their 4/5 year overdue assignment you will then be looking for a copy of the signed agreement(as Brig states put them in dispute) as well.

 

You have the Assignment letter from Cap1(suspect) check the dates,also did Cap1 put the Account in Default prior to the purported date of their Assignment?

 

Cabot in their email are not giving you the actual date of the Assignment,just the date they are supposed to have posted the letter,check this upon receipt

 

Regards FS

Link to post
Share on other sites

if that letter of assignment was a copy of the letter sent to you in 2006 then it still doesnt explain why your address does not appear on it. as looking at the pdf you have posted up i can not see any trace of yourself editing out the address prior to posting it up here.

 

any assignment would contain your address on it

 

by the way capital ones logo in 2006 was this

 

images?q=tbn:ANd9GcQ2d9SEwDr9eowecc65CEsE6QCCakFkJ1O6WEG__qOmpjGC7JILAw

 

interesting piece confirming the logo on the pdf was not used till 2008 souce: http://en.wikipedia.org/wiki/Capital_One

 

The UK headquarters of Capital One is in Nottingham Trent House, Station Street, England. In 2008 they made several hundred redundancies, This was due to the "Credit Crunch" or better known as the recession, 750 employees were informed in April 2008 and by December 2008 750 employees left the doors for the last time. Capital One Uk then began to outsource their work load to third party companies for cheaper costs, and having implemented new computer software and a new face look (New Brand Logo) would make you assume that they cut those 750 initial jobs to cover the costs.
So proof that that is not a copy of the original notice of assignment sent to you in 2006 Edited by teaboy2

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

Link to post
Share on other sites

Lol well i heard their is a lot of former HFO employees down at the job centre this morning desperately looking for new jobs hehehehe.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

Link to post
Share on other sites

Lol well i heard their is a lot of former HFO employees down at the job centre this morning desperately looking for new jobs hehehehe.

Well. A number could find themselves in unexpectedly changed financial circumstances and on the other side of the fence...what goes around, comes around folks :whoo:

Link to post
Share on other sites

Totally agree with you there DB - definitely time to complain to the OFT.

 

Now what smart alec reply can we come up with to their last email.

 

Urm

 

Thanks you for your last email, you are correct your email certainly clarified issues surrounding the notice of assignment as being the following:

 

1 - No Address on the notice of assign, prove that no copy was sent to myself, as it would have my address on it if it was. Also the document is required to be dated which it is not.

2 - No Notice was really every sent to me in 2006 as you claimed

3 - The logo in the supposed copy of the 2006 Notice of Assignment that you emailed to me, contains the new logo for capital one that replaced the old logo in 2008. There the document you refer to as a dated 2006 carries a 2008 brand logo.

 

Given the above it is clear to me that the document you provided is not a copy of the original notice of assignment but a balant attempting to mislead me in order to make a financial gain from me, which is nothing short of fraud by deception.

 

Also please explain what has changed since MAY 2010 and NOW as i still have not receieved from yourselves a VALID CCA as per my request in MAY 2010 for which you responded by informing myself that you had no CCA for the alleged account.

 

Yours Sincerely

 

Stick it up your backside.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

Link to post
Share on other sites

Well. A number could find themselves in unexpectedly changed financial circumstances and on the other side of the fence...what goes around, comes around folks :whoo:

 

Hmmm i predict a rush of unqualified former debt adviser's that robbed from the poor, trying to come here and seek our help and advice for their own debts now lol

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

Link to post
Share on other sites

I wonder if the ex employees will come to CAG with moans about their

nasty ex employer.:jaw:

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:

Link to post
Share on other sites

I didn't realise I hadn't noticed any plaintive sob stories.:madgrin:

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:

Link to post
Share on other sites

Some of them, like Bart123 and Lop, are here already!

 

Where where where???? Point me to them lol

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

Link to post
Share on other sites

Just to add to cabots photoshop skills, I received a REPRESENTATION of my NoA! They used Barclaycards new logo 2008 when my NoA was dated 2005! Was Created the same date they sent it and took them 1 hour 14 minutes and 30 seconds! lol

Edited by xboxer
Link to post
Share on other sites

Lol oh the wonders of google and acrobat readers properties tab. DCA's are so dumb that they actually think where dumb :lol:

 

Now i wonder how many CCA they have sent out with logos on that post date the CCA itself?

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

Link to post
Share on other sites

Just to check and NOT to hijack this thread but what is the legality of a representation of NoA? Is this a case of cabot pushing it with reconstructed CCA's being allowed? Can the account be put into dispute until a copy of the actual NoA appears?

Link to post
Share on other sites

They are not claiming it’s a representation – they say it is a copy.

 

And no, they cannot issue a representation unless they can prove the format and content was contemporaneous and that it was posted, and state it is a facsimile. The fact that they have lied – yes, lied – about the provenance of the document puts them in a very difficult position. I would say that if they have made up the document itself to create evidence of compliance with the LoP 1925, then all their documents should be called into question, as should all their statements of ‘fact’.

Link to post
Share on other sites

False representation of of notice of assignment which is a notice required under law of properties Act. Therefore it is a formal legal document and as such it must be accurate - So production of a falsified notice of assignment is fraudulent making the notice inaccurate, and therefore does not validate ownership. Which means without an accurate notice of assignment validating their ownership they have no rights to collect on the account.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

Link to post
Share on other sites

Michael Woodburn signed that letter. He is now Cap One’s Vice President and UK Chief Operating Officer.

 

I think you should contact him and ask him if he sent it, pointing out the improbability that he did.

 

http://www.capitalone.co.uk/aboutus/our-team.jsf

 

Try michael.woodburn @ capitalone.co.uk, removing the spaces of course.

 

I’m sure he would not like his company to be associated with such a false document.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...