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    • Forget CAB in relationb to PPC fleecer's, they are likely to advise you to pay them in easy instalments.
    • CLAIRES REPLY 😳 Hi Mark,   Having sought further advice on this matter, I am now clear as to the finer details of my consumer rights.   Your offer to rectify this issue is no longer a suitable option, as it would cause me considerable inconvenience. Additionally, this option would only have been viable if you were to collect and delivery my car free of charge. Additionally, this remedy is no longer suitable due to the fact I have completely lost faith in your business.   I am within my rights to a price reduction of the full cost of works to rectify this. I am of course happy for you to pay the spraying business directly upon receipt of a V.A.T invoice for your records.   Regards Claire
    • G CARS RESPONSE TO CLAIRES EMAIL   Hi Claire When you get the bonnet painted on the golf please ask the repairing garage to email us a vat receipt in the name of Gemcars ltd and we will pay another £112.50 contribution towards the repairs directly to the garage.  This can be done on the same day so it will not affect the garage releasing the car to you We can pay this directly to them via card over the phone This will bring the total contribution to £262.50 which equates to ¾ of the total cost Normally we would contribute 50% in a betterment situation but as you obviously feel very strongly about this matter on this occasion we will pay ¾ of your £350 quotation as full and final settlement in this matter Should you feel this is still not acceptable then you can of course bring it to us and we will have the bonnet painted whilst you wait at no cost to yourself  (apart from a few hours of your time)   Sincerely Mark and Gina
    • CLAIRES RESPONSE TO OUR EMAIL   Hi Mark,   I have addressed the fact that I do not bully or blackmail and am mortified you would take it that way!    I will address your comments by paragraph also: My issue is not about how many stone chips anyone would expect, or how many there are on your wife’s car. it is about what you stated in your video which is not up on your website now. You did not mention when you asked the man who cleaned the car prior to delivery, just that you had. Then when I asked you whether they could be rectified by way of individual chips, you said to me I could not as there were hundreds and it would need respraying (and yes, I had assumed this was an estimate not that you had counted them). This to me indicated that you knew the bonnet had more than just the odd stone chip here and there on the front of the bonnet. I stated I felt you had deceived me, because as I stated before I have been told this by professional sprayers who have been in the business a very long time. Yes, you mentioned over the phone that I was the first person to complain in over 50 cars.  Your video was under 17 minutes and appeared as if you were pointing everything out on it including the odd stone chips to the front of the bonnet. Eco a toy what I would expect is how it was shown and described. Yes, I am happy with the car itself apart from this issue. The odd stone chip touched in here and there on the bonnet was what was described and expected. I do my research and Car Gurus checker is one of many market values. Also, from the cars I had checked (and yes, a few were one owner with full service history. One with a few more miles on the clock and another with less). I did not state that stone chips should not be touched in, but that I had been told they were done badly and ineffectively and that they would have been better off left alone (which I took in the context of the conversation to mean being done properly by a professional). You asked me what would make me happy after telling me the cost would be £150 for you or more like £200 here to have the work done you had told me. I had not negotiated any discount off the car at all and had reserved at the price advertised. My ex husband was in the car business and it is anticipated and wholly accepted to negotiate prices on used cars. This can not be compared with a a general store purchase. I purchased a large value item which was not as described. The delivery cost is what was negotiated, nothing else. You reimbursed for a job which I can not get done for anywhere near the price. Yes you are certainly misreading it as I explained in our earlier communication! I am sorry if you took this the wrong way and I should have elaborated that at the time. If you need this clarified, I would be happy to get you character witnesses to confirm to you that I am the opposite sort of person to even consider that type of behaviour. I apologise again that you found my email very rude, it was not meant that way at all. I am just really upset by this whole thing.   Whether your offers are meant to be rude or not, I find some of the comments as such.   As mentioned in our earlier communications, all I want is the car in the condition as advertised. I am still happy for you to collect the car, rectify the issue and deliver back to me or a refund closer to the cost of this. Although I trust the quotes I have, I can keep searching for a cheaper price. The bonnet is not in the condition as advertised (I can count and document tomorrow in daylight if you’d like).    Regards Claire
    • GEM CARS REPLY TO THIS EMAIL   Hi Claire   You are obviously upset which we don’t want So I have a couple of solutions below I must say I’m not grumpy or mardy or angry or upset. I’m not trying to have a go or start an argument but your email did sadden me greatly I always work better with people that talk things over rather than going straight for the jugular Anyway I have addressed the comments in your email matter of fact and I have some solutions below My main priority is your happiness with the car and the outcome, but unfortunately I wont be bullied into paying over the odds for a repair You need to appreciate that to fully paint the bonnet is betterment as such its not fair to expect the full amount especially as I have sent you the full amount that we would pay already. As you have already said neither of us needs to be thinking about your stone chips all weekend so hopefully this email will be the last one   If its ok I will address each paragraph one at a time   1; I didn’t deliberately deceive anyone I clearly state that the bonnet has odd stone chips here and there and odd stone chips on the front edge (I’ve just watched my video to be sure) (those are my exact words) (please feel free to double check I’ve left the video up for you) If I had said no stone chips or one or two stone chips (like I have on other videos)  then I would agree with you but I clearly stated (odd stone chips here and there) Exactly how many stone chips would you feel is acceptable on a 10 year old car with 117000 miles on ? My wife’s brand new golf R with 5000 miles on the clock has 6 already   2; You state that its clear I already knew how bad the bonnet was because I asked our valeter, This is untrue because after you called my wife to complain I then asked the valeter if he noticed the bonnet being particularly bad before I called you back as I couldn’t remember it being that bad, Also you asked if you could get a chips away type company to just come and touch them in, I simply said there are 100s of tiny chips and it would be cheaper to paint the bonnet this was just a generalisation not an exact count of the stone chips (as I said I had to ask the valeter if the bonnet was really that bad as I could not remember) Any more than 20 chips would be too many for a chips away type repair I hardly counted all the stone chips During our conversation this is exactly what I said   3; You accuse me of deceiving you when I stated that it costs us £150 plus vat to have a bonnet painted I have sent you the copy of our pricing structure from our paint shop I told you the truth I have no reason to lie feel free to call them on Monday and check for yourself If you see option 1 below and decide to bring it to us I will happily give you a copy of the bill     4; My 18 Minute video was completely honest and I did not try to deceive anyone with the video We have sold over 300 cars off the back of my videos and you are the first person to complain I would ask you did I state in my video that the car had no stone chips? Did I say one or two stone chips? NO I DIDN’T  I clearly stated odd stone chips here and there which is exactly what it has as you would expect. I would add that when you called to complain I kindly sent you the full cost that we pay to have a full bonnet painted I didn’t argue the case as most car dealers would as we pride ourselves on our levels of customer service I simply asked you what you would be happy with as compensation and you said £150 so I sent you £150 instantly to your bank.   5; You state that the car was priced at the higher end of the market for the year and mileage yet on our Car Gurus checker it showed as £400 behind market value When you checked the prices were the other cars you looked at all one lady owner white 5 door cars with full service history (as this makes a huge difference in price) So NO I disagree our car was very fairly priced and not at the higher end The condition of the car was fantastic for a 10 year old 120000 mile car you have said yourself you are happy with it apart from the stone chips on the bonnet so I’m struggling to understand what you mean by alleged condition? If you don’t touch stone chip in, the metal goes rusty so no I disagree you should always touch stone chips in   6; You accuse me of compensating you dishonestly when I simply asked you what would make you happy and you agreed £150 which I sent you straight away I would also add that you negotiated an additional £100 off the car after you had bought it as I kindly paid half the delivery for you. When you purchase items from other stores how often do you get a discount after you have agreed to buy the item? So you actually have £250 towards the stone chips.   7; No disrespect intended by I have already reimbursed you for what would be my full costs     8; I’m unsure what you mean by “Please do not be concerned with regards to a review, as I will not be leaving one until this matter is fully resolved” To me that sounds like bullying and blackmail but I could be misreading it?   Even though I found your email very rude I still have 3 amicable solutions to offer you   1; Refund us the £150 I sent you then bring the car back and have a day out in Lincoln, it’s a beautiful place to visit we have one of the biggest cathedrals in Europe (used in the hit film the da Vinci code) the castle is stunning and the cathedral quarter has some lovely places to shop and eat we also have a large Primark We will drop you to get the train into Lincoln central and whilst you shop and eat we will get the bonnet painted for you we will give you an additional £20 towards food and fuel on us and then collect you in the afternoon and you can drive you car home with the newly painted bonnet.   2; Accept a full refund for the car and we will collect it next week   3; Accept the fact that it is a 10 year old car with 117000 miles it does have stone chips, we didn’t deliberately mislead you, we did send you £150 towards the repairs and pay half your delivery so buy yourself a Genuine colour pen for the car (£15) touch the chips in with the right colour and spend the rest on a spa day   Sincerely Mark and Gina  
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Arrows/? Ordinary Cause - old MBNA card DEbt ***Claim Dismissed***


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You know what DX,

they are relying on people to be too scared/too busy/too stupid/all of these

in order to steamroller it thru the court and get a decree.

 

It's like a game of poker, I guess.

 

They are bluffing they are holding a good hand, but in actual fact, have nothing.

 

.. I think a Judge, or Sheriff, should have to see the paperwork/proof of debt

before they grant any action against the defender, as a matter of law, but sadly, that's just not the case...

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  • 4 months later...
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DX, or anyone,

can you help with a wee quick question (or 2) please...?

 

Thought I'd just use this old thread of mine,

rather start a new thread - hope that is OK?

 

My friend has been served with a Summary Cause (Scotland)..

. I have sent a CCA request, on her behalf, and await the outcome.

 

It is pre 2007, and by the looks of her credit file, the default date on her account was just a week or two OVER 5 years ago, from the date on the court paperwork

- meaning, I think, it is already statute barred.

 

She assures me she's not had any contact with them, nor made any payment in that time.

So, it may be a clear cut case, based on the statute barred status of the account

 

Am I correct in assuming that the statute barred period starts on the date of default of the debt?

 

Also, the papers were simply posted thru her door,

but state they were delivered to her in the presence of a signed witness.

 

 

In other words, they didn't send by recorded delivery,

and nor did they hand them to her in person.

Does this not mean that they were served incorrectly?

 

It is shoosmiths, acting for cabot, for a capital one debt.

I think they are on a hiding to nothing,

 

 

but I'm interested to know if, rather than going to the bother of defending,

that I can simply write to them, on her behalf, stating they've both served the papers incorrectly,

and that the debt is statute barred, and threaten to go to court to defend and seek all possible expenses...

 

 

I've won 2 Ordinary cause actions roughly based on this method...

 

Any quick advice please guys and gals?

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there is no relationship whatsoever between defaulted date and SB date!!

 

they are totally separate.

 

SB date is last payment or signed letter say + 1 mth to be certain.

 

so the debt is EXTINQUISHED as its scotland

no court claim to even answer.

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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Cheers DX, awesome as usual..

. So, the default usually occurs a couple of months after you stop paying them,

and they lose patience chasing you? ;-)

 

How about the serving of the papers?

 

 

Is it simply suffice to say you witnessed it,

then pop it thru someone's door?

Surely that is someone's word agains yours?

 

At least if you sign for a recorded delivery it carries some weight,

as does being presented them in person?

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serving papers in Scotland is simply 2 sheriffs doing it

one to do it

one to sign as witness.

nothing wrong there.

 

again you are confusing default with SB

they are not linked.

 

as I said

SB date is last payment or signed letter saying its mine + 1 mth to be certain.

 

defaults are immaterial to court /SB dates

 

if a debt is SB'd its SB'd no matter what they did do

didn't do

send or not send.

 

it is absolute

and in Scotland

wipes the debt out hence use of the word extinguished

in Scottish law

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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  • 2 weeks later...

DX - hope you pick this - didn't wanna start a new thread, and have read other threads where you commented on this subject, but just wanted a quick answer from you please...?

 

OK, so Cabot Financial (UK) Limited have instructed Shoosmiths to issue a summary cause, for some £4k, to my friend. It is for a credit card debt, and she thinks the debt is statute barred - but she hasn't kept any previous correspondence, and as she can be a bit flakey(!) I'm wanting some extra ammo for her defence of the action...

 

It is a pre 2007 agreement. I have cca-ed Shoosmiths, and they are saying this might take some time - pffft - it is now 3 weeks and nothing. I have sent a SAR to Capital one (original lender) and had nothing yet, but it's only been 2 weeks - only once we have this will I know that the debt is truly statute barred.

 

Anyhoo - Cabot Financial (UK) Ltd - their licence is still showing as lapsed on the FCS website, and I've read conflicting info as to whether this is a defence, or whether they can simply have someone else in their group collect the debt - but what if the summary cause is listed in the name of cabot financial (uk) limited - surely that means it is them collecting the debt, and not another part of their group? As such, is this a reliable defence?

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Anyhoo - Cabot Financial (UK) Ltd - their licence is still showing as lapsed on the FCS website, and I've read conflicting info as to whether this is a defence, or whether they can simply have someone else in their group collect the debt - but what if the summary cause is listed in the name of cabot financial (uk) limited - surely that means it is them collecting the debt, and not another part of their group? As such, is this a reliable defence?

 

That would not be a viable defence anyway...whether it was true or not....which its not....you respond to their particulars...

 

Andy

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ring cap1 and ask

 

 

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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  • 2 months later...

DX - hope you pick this up (again!)

 

OK, so this recent summary cause I'm helping a friend with. To recap - £4k debt, shoosmiths chasing for cabot, on a capital one debt they have purchased. Friend checked their credit file, and it defaulted JUST over 5 years prior to the summary cause being served, which means she's had no contact with capiltal one (original lender) for 2-3 months prior to this. As such, I'm certain that it is definitely statute barred (Scotland).

 

Anyhoo, we went to court in August, on the original calling date, sat for an hour, before a clerk pulled us aside and said that shoosmiths had asked to sist the case (until this week), but had not contacted my friend to give her any notice of this.

 

Capital one were sent a SAR on 7/7/16 - and have still NOT complied with this. Nor have Shoosmiths been able to turn up the original agreement, in any form.

 

Shoosmiths wrote to her a few weeks after the CCA request, waffling some crap about confirming that 'this matter will be placed on hold until we are able to provide this documentation'.

Two weeks later, Cabot, themselves, wrote to her saying they currently did not have the CCA on file, but stated that they requested it from the original lender. Given that capital one, to date, still haven't replied to a SAR, nearly 3 months down the line, I'm guessing this isn't forthcoming.

 

However, Cabot also wrote this in their letter: 'I acknowledge the 12 day time limit to provide this information before the account becomes unenforceable, however, as we have to request the details from the original lender I anticipate that we will be able to provide this within 40 days. In the unlikely event we are unable to obtain this information within those time limits, we will write to you again'.

 

NOTE: the 40 DAYS...? time limit for a SAR?

 

SO, questions are these:

they haven't written to say they have the paperwork (I'm guessing their not actually obliged to, but surely, capital one should have been obliged to respond to the SAR, had the paperwork been found?)

 

 

SO, should we email Shoosmiths, or Cabot, to ask if they will definitely be showing in court this time around (Thursday this week), as taking time off work to attend, for them to simply not turn up as they've requested a further sist, is not acceptable...?

 

 

And should we point out to them that the agreement, even if they turn up the paperwork, is statute barred, and they are not entitled to take my friend to court for an unenforceable debt?

 

 

Is there even a template letter for something like this??

Wouldn't the court take a dim view of them doing this, knowing they had no paperwork to proceed with and knowing it was statute barred? (And is statute barred the correct terminology?)

 

Looking forward to your valuable assistance yet again...

 

(ps: I've just been awarded £10K for mis-sold Egg PPI)

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you were advise to ring cap1 and confirm SB status did you?

 

you should have simply put in the statute barred defence

which you should do this time

will kill the claim dead

 

no need to bother with CCA/CPR or anything irrelevant...

 

said all this months ago before the first hearing....

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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DX, sorry - u said 'ring cap 1 and ask' - I assumed u meant about the cabot licence

- must have read it as 'ring cabot and ask' - didn't know you were referring to the statute barred status.

 

We were waiting on the SAR to check what info they had for my friend,

but as this still hasn't come, a few months down the line, I'm thinking that Capital one don't have anything at all?

 

Should I email Shoosmiths for her, and point out the statute barred status now...?

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no never entertain directly

 

go confirm SB status.... ring cap1 and ask date of last payment/usage by HER

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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  • 2 months later...

and?

 

 

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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  • 1 year later...

would be nice if you took the trouble to update cag upon your thread...we helped you ...now help us...

 

many members helped you get help

 

cag relies upon resolution to threads so others like you can find and read about how to solve their like issues...

 

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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Humble apologies DX, et al, I was utterly convinced that I had updated on this at the time... I had to read back the thread to see I hadn't - very remiss of me, sorry... I think I was confusing it with the update/conclusion on my own case...

 

So, regarding my friend's Cap1/Cabot thingy:

the account was clearly statute barred, and were told this, but they still pushed for the court date. As such, I attended with my friend, and when the case was called, and I told the Sheriff that it was statute barred, the local solicitor they were using to represent them acknowledged this right away - as though she clearly knew already, but was just pushing forward regardless - and they dropped it without a problem, with the Sheriff shaking her head...

 

Many thanks for all your assistance throughout all of this...

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Many thanks StressBall

 

thread title updated to reflect the outcome.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

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well done

should have asked for your costs..

esp as you'd told them it was SB'd and they still made you attend.

 

sheriff would have liked that...:lol:

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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  • dx100uk changed the title to Arrows/? Ordinary Cause - old MBNA card DEbt ***Claim Dismissed***
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