Jump to content


  • Tweets

  • Posts

    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
    • Yes, I believe the Starbucks was closed at the time the car was parked there 
    • hi lolerz many thanks for your reply and help. My 2 months has passed i was waiting until the court proceedings started. As i went through this process not that long ago, i shall look back at my old thread for how to respond. Ill get the docs scanned soon thanks.    
    • Dave, You're probably thinking along the same lines as me. The NTK says "The reason for issuing the charge notice is: Parking longer than allowed" From memory, I think one of their stupid rules is that if 'Bucks is closed, you're not allowed to park at all.
    • Yes, Nick is spot on. Also, can you remember if Starbucks was closed when you were there?  I ask as I'm trying to work out what MET reckon you did wrong.
  • 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 Financial and Hitachi Nova loan


kev 123
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3238 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

yep send the failure to comply letter.

 

good move on the SAR

 

doesn't matter at this stage who owns it

 

the CCA request to crapbot will still be valid

 

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... 

Link to post
Share on other sites

  • Replies 159
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

royal mail.

 

free proof of postage

 

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... 

Link to post
Share on other sites

Hi, just an update,

 

no reply as of yet regarding who has ownership of the account,

 

sent Cabot in dispute letter on Friday.

 

Just looked on my Exp Credit Report and

 

the Hitachi loan doesn't even show up,

 

its as if i have never had it????????

 

However Cabot have been having a snoop around back in feb.

Link to post
Share on other sites

Sounds like they know its an unenforceable debt, or theyre in the process of changing the details on it.

 

Sit tight and wait for them to make the next move. Cabot rarely ever deal in enforceable debts so it will be interesting to see what they say.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

From your info it sounds like a lack of paperwork that they would need to enforce the debt in court. Lets see what the CCA comes back with.

 

 

Don't hold your breath lol I have been waiting for 3 CCA's, which were requested back in 07/01/2014 they refuse to deal with the requests don't ring them once you have sent the requests.

 

 

They lie

 

 

MM

If I have been of any help, please click on my star and leave a note to let me know, thank you.

Link to post
Share on other sites

You still have to make sure you follow the rules yourself mikey. Let the DCA slip up. They ALWAYS do. Their staff arent exactly the smartest people in the country.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Hi Guys,

 

Just received a letter from Cabot stating that Hitachi have forwarded the letter i sent them regarding the account

as they are the legal owner of the account in accordance with s136 of the Law property act 1925.

 

Cabot have forwarded my comments regarding the removal of my details from Hitachi's data bases and for them to respond to me directly.

 

Yet again asked me to discuss setting up a repayment plan,(NOT).

 

Nothing regarding the in dispute letter yet.

Link to post
Share on other sites

i'd expect hitachi to pull stunts like that

as they know they've screwed up.

 

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... 

Link to post
Share on other sites

Just received a letter from Cabot, it reads.

 

Thankyou for you letter received on 19/3.

I regret that you have felt cause to contact Cabot Financial (Europe) Ltd ("Cabot") a

nd apologise for any inconvenience that you have experienced in relation to this matter.

 

You have made a request for information under section 77/78 of the CCA 1974 and are still awaiting the relevant information.

 

OUR INVESTIGATION

 

We have made several requests to Hitachi to forward any documentation relating to your account to us.

Unfortunately, Cabot have not received this documentation due to a delay in retrieving the same from their archives.

 

Please be advised, that the failure to provide a copy of your agreement in time does not affect the legality of your debt with Cabot

but merely renders it unenforceable until such time as an agreement can be produced.

 

It has been well established in English Law, that "enforcement" constitutes obtaining judgement at Court.

The reporting of a default entry into the Credit Reference agencies or Cabot requesting repayment of your account does not amount to enforcement.

 

However, I can confirm that Hitachi have now provided us with the relevant information to comply with your request under section 77?78 of the CCA,

which i have enclosed for your reference.

 

I note your comments regarding the OFT debt collection guidelines, and can confirm that Cabot have, at all times adhered to them.

 

You refer in particular to "2.8(i) Failing to investigate and/or provide details as appropriate…" and " 2.8

Not ceasing collection activity whilst investigating a reasonably queried debt".

 

Initially, I must clarify in the revised OFT Guidance updated in November 2012, these points are now listed under section 3.9.

Nevertheless, as advised in our acknowledgement of your request, your account was immediately placed on hold,

(collection activity ceased) and a request was made to Hitachi for the relevant documentation ,

(obtaining details requested by you). furthermore, w

e have written to you to keep you up to date with the status of your request.

 

CONCLUSION

 

In light of the above, as the documentation is enclosed is sufficient to satisfy our obligations set out under section 77/78 of the CCA,

we remain entitled to enforce the original credit agreement.

 

However I would like to clarify that Cabot are not seeking to initiate legal proceedings with regard to this account

and we are happy to continue accepting your monthly payments of £50 towards your outstanding balance.

 

Finally, in relation to your comment that you do not wish to be telephoned regarding your account,

I can confirm that we have removed your telephone numbers from our records.

 

However should you fail to co-operate with us at any point in the future for any reason,

Cabot shall reserve the right to reinstate telephone contact accordingly.

 

Please not that, under the terms of our complaints procedure, this is our final response.

If you remain dissatisfied, you may refer to the FOS within six months from the date of this letter.

For more information please read the enclosed guide,

 

'Your Complaint and the Ombudsman'.

 

However, as your complaint refers to the enforceability of the credit agreement the FOS may be unable to assist you as it is not within their jurisdiction.

 

I also enclose a copy of our internal complaints procedure for your information.

 

I trust I have clarified our position

 

Yours Sincerely

Link to post
Share on other sites

Unclear as to whether they have sent you any documentation. if they have you copy scan a copy up so good people can have a look. if they have sent nothing then nothing changes - cannot enforce in court but can carry on sending begging letters.

Link to post
Share on other sites

looks ok to me.

 

that sar will be interesting

 

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... 

Link to post
Share on other sites

Just received reply from Hitachi regarding the SAR,

 

the same info Cabot sent to me but included details of actions on the account.

and that Cabot now owned the account.

 

Any ideas what happens now regarding the CCA request from Cabot as

 

i have received another letter from them requesting i get in touch urgently to discuss the account as payment delays could affect the status of my credit report.

 

Is the copy of the agreement enough for Cabot to enforce,

 

sorry for being a bit dim but i don't know what a CCA entails,

 

and what Cabot need to enforce,

 

could one of the amazing people on here enlighten me

Link to post
Share on other sites

docs sorted for you.

 

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... 

Link to post
Share on other sites

what are you indicating by saying: the transcripts say it all.?

 

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... 

Link to post
Share on other sites

dx, that

 

i had an agreement with Hitachi that was meant to last for 12 months, but they sold the account on after 7 months to Cabot.

 

Is the paperwork that Hitachi and the copy of the agreement enough to constitute a CCA for Cabot to enforce,

or is there other documents that Cabot should send me to fulfil the CCA request?

Link to post
Share on other sites

two things strike me

 

that CCA

 

there are [were] two hand written account numbers

 

any idea why one was crossed out and another written in

 

in the comms log of the SAR

 

30/01/2014 says 'hostile termination'

 

wonder what that means?

 

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... 

Link to post
Share on other sites

I have no idea why there is a hand written account number on the agreement, also don't know what a hostile termination is hopefully your guess is better than mine, sounds a bit ominous though. Is the fact that the account number has been crossed out and hand written cause for concern?

Link to post
Share on other sites

I have just been looking at my current credit report, there is no mention of the Hitachi account, but it does show that cabot have had a nose around, any ideas what this means if the account is not on my credit report?

Link to post
Share on other sites

yes somethings not right

 

taking the two hand written numbers

 

do they match the account numbers on the SAR statements?

 

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... 

Link to post
Share on other sites

Yes dx, the hand written number matches the number on the statement.

 

No idea about the one that has been crossed out.

 

I would have thought that all of the agreement would have been printed apart from the signatures.

 

have you any ideas regarding the legality of this?

Link to post
Share on other sites

is the agreement number on the statements

 

the one on the agreement that is in the box but crossedout [

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... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...