Jump to content


  • Tweets

  • Posts

    • Hi T911 and welcome to CAG. As you say, an interesting screw up. So much for quality control! Anyway, our regular advice is to ignore all of their increasingly threatening missives... UNLESS you get a letter of claim, then come back here and we'll help you write a "snotty letter" to help them decide whether to take it any further with their stoopid pics. If you get mail you're unsure of, just upload it for the team to have a look.
    • Thanks @lolerzthat's an extremely helpful post. There is no mention of a permit scheme in the lease and likewise, no variation was made to bring this system in. I recall seeing something like a quiet enjoyment clause, but will need to re-read it and confirm. VERY interesting point on the 1987 Act. There hasn't been an AGM in years and I've tried to get one to start to no avail. However, I'll aim to find out more about how the PPC was brought in and revert. Can I test with you and others on the logic of not parking for a few months? I'm ready to fight OPS, so if they go nuclear on me then surely it doesn't matter? I assume that I will keep getting PCNs as long as I live here, so it doesn't make sense for me to change the way that I park?  Unless... You are suggesting that having 5 or so outstanding PCNs, will negatively affect any court case e.g. through bad optics? Or are we trying to force their hand to go to court with only 2 outstanding PCNs?
    • That is so very tempting.   They are doing my annual review as we speak and I'm waiting for their response once I have it I will consider my next steps.    The debt camel website mentioned above is amzing and helping to. Education me alot    
    • Sending you a big hug. I’m sorry your going through this. The letters they send sound aweful, and the waiting game for them to stop. But these guys seem so knowledgable and these letters should stop. Hang in there, and keep in touch. Don’t feel alone 
    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
  • 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 CCA return for old Sky Card - help


mrsimmo189
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3199 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

I have a copy of the t & C from Cabot who now have this debt on Sky/Barclay card however no signature is evident on any of the documents and as I stated previously I believe this to have been started prior to April 2007. Do I ring my DMO and now argue with them about any more payments for this debt or any other that I have dispute.

 

Help

 

xx

 

 

Reconstituted agreement do not have to have signatures.

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

  • Replies 84
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

:-(

 

I have been with payplan since 2008

 

 

I was not seeing any real reduction in my debt

 

 

I argued that maybe an IVA would be better

 

 

I pay something out of monies paid to them for insurance,

 

 

not really sure if I pay them sure I must though.

 

 

Im holding out on the IVA as it has been suggested that any extra future earnings will be taken into the IVA at a certain percentage.

 

 

No I have no PPI or interest I believe attached to cards

 

 

but as I have no statements I could not even check.

 

 

This money to would go towards debt in IVA.

 

 

Really trying to sort things out and wished 6 years ago I would have had the insight to use a forum for advice :???:

 

Thanks for any advice

 

xx

Link to post
Share on other sites

sounds like you need to get a few SAR's of to your creditors and look for PPI.

 

 

etc etc.

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

Unless you were very quick to act between getting into arrears and getting the DMC to stop Sky/BC adding penalty charges, there would almost certainly have been penalty charges added to your a/c.

 

Do you not have old statements for the a/c. These could be worth a lot of money to you.

 

:-)

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

I have no statements apart from RBS which have replied to CCA and stated they have not sold on debt. I have sent out a SAR to all four creditors with £10.00 fee and recorded delivery and will now wait on outcome and will keep you posted.

One other thing my OH is in IVA would he still be able to use the CCA for his creditors now or should this have been done prior?

Link to post
Share on other sites

whos the IVA with

ideally it should be done first

 

 

but do them now.

 

 

you can always fail the IVA.

 

 

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

  • 1 month later...

Good Evening

 

I have recieved a CD from Cabot who are dealing with the Sky/Barclaycard creditors after sending them a SAR,

 

 

although it has information with regards to my account there is nothing on any paperwork prior to when the account was taken over by them

when I entered into a DMP.

 

 

I stated in another post that Barclacard had contacted me with regards to some money that they say was not PPI

and then sent me a cheque although I have no breakdown of what the money is for etc.

 

 

As suggested I forwarded a letter to them stating that I require a breakdown and that I had requested SAR against this account

so do I now just see if Barclaycard will send me any details of the account which Cabot have not?

 

 

only payments they recieved from my DMP.

Link to post
Share on other sites

who said SAR a DCA?

 

 

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

cabot is a debt collection agency

 

 

where were you told to send an SAR to a DCA?

 

 

they should go to the [original] creditors

 

 

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

So Cabot were not the original creditors Barclaycard were right,

 

 

that then would be the same for Fredrikson who are acting on behalf of Nationwide

 

 

they have not returned postal order or replied?

 

 

So back to drawing board and more postal orders to send out.

 

Thanks DX

Link to post
Share on other sites

An SAR must always be sent to the OC (Original Creditor) who in this case is BC.

 

:-)

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

  • 4 weeks later...

Hi

 

have been awaiting details of my Barclaycard debt ie signed agreement etc from Barclaycard

after incorrectly sending request to Cabot,

 

who sent me a CD with only limited details regarding payments to Cabot as they are now in control of the debt to Barclaycard.

 

I sent letter with postal order to Barclays although have received no reply this was sent proof of sending.

 

In the meantime Cabot have sent me letters stating I am in arrears with the payment to them and it has been flagged on my credit file.

 

My question is

 

who should I be writing to next.

 

Any Advice would be greatly appreciated

Link to post
Share on other sites

Do you Know I have no idea

 

 

Cabot keep sending me statements although when I mistakenly sent them a SAR

I received a CD with payments made to them from the DMP I was in.

 

Barclays recently contacted me with regards to no ppi they said,

 

but other payments I had made they said and then sent me a cheque with no breakdown etc,

 

that is what I am waiting on from them

 

and I also requested details of a signed agreement

 

but heard nothing back as of yet.

 

Should I chase them up again?

 

Confused totally

Link to post
Share on other sites

Chase up BarclayShark for the SAR/CCA requests and send a short note to Cabot advising that B/shark are in default of your s78 request and as such there is a dispute in place.

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

Link to post
Share on other sites

is this your skycard?

 

 

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

old and new threads merged

 

 

always best to keep to one thread

 

 

else make a mockery of people past advice and their time helping 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

ok now that's sorted

 

 

are you still in your DMP

and WHO is it with please?

 

 

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

good on you.

 

 

so no-one that has not produced an enforceable CCA is getting any money from you too?

 

 

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 dx no one at the moment but Im sure someone will eventually take me to task just thought I would wait till all corespondence sorted first before I paid anymore out. What do you think? Is this advisable:|

Link to post
Share on other sites

those debts that are with dca's and have no enforceable CCA you should consider the worth of any payment

 

 

those still with the OC, will need further investigations/statements etc

and ideally you should create separate threads for each one.

 

 

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, Cabot last letter with regards to Skycard through Barclaycard, confusing I know, say that notice is give in compliance with the Financial Conduct Authority Consumer Credit Sourcebook and is being sent to you as you are behind with payments etc etc.

This is not a formal demand but a formal statutory notice etc etc

Today I will write a short and brief letter to Cabot as suggested and write again to Barclaycard regarding this account will keep you posted

 

:|

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...