Jump to content


  • Tweets

  • Posts

    • Please see my comments on your post in red
    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
  • 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 and i+e re HBOS halifax card debt


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2160 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

On 24/10/11 I sent a SAR to HALIFAX on behalf of my sister-in-law.(i was writing in her name) I enclosed a cheque for £10.00(the cheque was not in her name as they had previously seized monies because of monies outstanding) printing her name on the back of the cheque and her account number.The cheque was cashed on 01/11/11. To date I have received no response trom Halifax.Can anyone advise me as to the next course of action.

Link to post
Share on other sites

  • Replies 58
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

  • 3 weeks later...

Hi,Today my sister in-law received a letter from HBOS in reply to my letter telling them that they had failed to comply with the SAR.

They say that they cannot trace the SAR request and go on to tell her that "if you wish to apply formally under the data protection act a fee of £10.00 is payable".

To say that I was angry does not even come close,it was just as well that the moronic creature that wrote the letter was not in reach.As stated before the cheque was enclosed with the SAR request ,it had her name printed on the back together with her account number.Can you believe that they deducted the money from the outstanding amount in her account(I helped her to arrange a DMP with CCCS).I'd like to go after these arrogant,inept idiots.Can someone please help.

Link to post
Share on other sites

It matters because if it was sent recorded and you can show they received it and when AND they cashed the cheque that was enclosed you have a case for non compliance and putting a fee for a SAR against the account.

 

Without proof of delivery and a cheque made out to them with an account name and account number n the back it would be more difficult.

 

SAR payments should always have a note on the back of them to the effect that "This payment is for Subject Access Purposes Only And Must Not Be Used For Any Other Purpose".

 

You need now to complain to the bank and the ICO

 

ims

 

Link to post
Share on other sites

I sent an SAR and enclosed a cheque for the sum of £10.00 and on the back of the cheque was written the name of my sister in-law and her account number.surely the fact that the letter was an SAR and that the SAR letter stated that a cheque for the amount of £10.00 with the aforementioned details should satisfy any legal requirements.

An SAR was sent,and received(by proof of the cashed cheque) What defense do they have.

Link to post
Share on other sites

IMS, Please don't think I'm not grateful for you help,I really am.I guess what I want is to know if I can go after these slippery creatures in the courts on behalf of my sister in-law who is in very(very) poor health.

Link to post
Share on other sites

No probs

 

Yes you can sue for non-compliance of a SAR.

 

But you need to get everything in line of you are going to issue. It would be good to find that recorded delivery receipt as an extra piece of the jigsaw.

 

I would, in the first instance, write a letter of complaint addressed to the CEO and you could e-mail or send it recorded. The complaint should focus around their practice of putting SAR money back into a person's account and a consequent breach of the DPA. You could remind them that they have a statutory duty under the DPA and should you not receive a satisfactory outcome you will report to the ICO and may consider legale action to force compliance.

 

ims

 

Link to post
Share on other sites

IMS, Thank you.I will try again to find the receipt,but in the event that I can't I'll have to go with what I have,I'm going to sign off for tonight,But perhaps tomorrow you, or maybe another cagger can suggest a template letter which might fit this scenario.

Many thanks.

Link to post
Share on other sites

  • 3 years later...

Hi Everyone,

 

My sister-in-law recently received a phone call from a woman from Cabot (she has a payment plan in place)

the woman said that as the last financial update was done last August it was time to do another one.

 

previous to this I had always advised her re' her dealings with these people,

but on this occasion she went ahead without talking to me first,

 

during the course of the review my sister-in-law told the woman that her son was paying the council tax and rent,

(her son has Aspergers Syndrome, Dyslexia and Dyspraxia and has a statement to that effect)

the woman then went on to ask how much he received in benefits and also how much savings he had.

 

My sister-in-law phoned me in a great state of distress,

she is a pensioner with no savings and finds it very difficult making ends meet.

 

I phoned Cabot and told them what had happened and that they had no right to probe into the boy's finances

and that I am considering contacting the FCA.

 

The person I spoke to put me on hold whilst he spoke to a manager,

he came back and said that they were very sorry about the way things had been handled

and that they would speak to the employee who made the call.

 

To say that I am angry about this is an understatement,

I really would be grateful for some advice as to how I should proceed in this matter on my sister-in-laws behalf.

Link to post
Share on other sites

She needs to make a formal complaint in writing about what happened and how much distress has been caused, for which she is considering taking up with the Financial Ombudsman Service.

 

The FCA does not really deal with individual complaints and would point her to the FOS.

 

But the question is whether Cabot are cashing cowing and making more out of this debt than they should be.

 

What type of debt is this ? What is the history of it briefly ? Were there any issues with original creditor that were left unresolved e.g PPI, excessive charges ?

 

I would be tempted to do a review of this debt yourselves and gather evidence so you can do this. Ask Cabot for a full statement of account showing all payments made to them and a copy of the last statement of account from the original creditors. If this is a Consumer Credit Act covered debt, then it might be worth a CCA request.

  • Confused 1

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

 

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

Link to post
Share on other sites

whats the original debt about please

 

 

has she sent these fleecers a CCA request?

 

 

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

CCA request time

 

 

how many years has this been going on...years I bet??

 

 

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

which card, taken out when? s78 cca request to cabot

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

Link to post
Share on other sites

Guest Kris_barb

If she has gone to step change I should imagine she has more than 1 debt.

 

 

See if she is eligible for a Debt Relief Order.

 

 

If she is eligible it will be a one off £90 fee and all debts wiped off within 12 months.

Link to post
Share on other sites

slow down check the debts first via CCA 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

I think the debt plan has been running for over five years,

 

 

as to the card I think it's Halifax although i'm not sure and can't contact her until tomorrow.

 

 

Would it be best to put this on hold until I can speak to her in the morning,

 

 

then I can post again with all the details.

Link to post
Share on other sites

oh yes

 

 

dx

  • Confused 1

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, Back again....

 

 

...The credit card was Halifax and the balance is a little over £2000.

 

 

This debt goes back about eight years.

 

 

There are two other debts..

 

 

.One is a Halifax loan and the other is a card from Capital One,

 

 

this also goes back about eight years.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...