Jump to content


  • Tweets

  • Posts

  • 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
      • 160 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

Cabot/Mortimer Clarke Sainsbury's credit card


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

Thread Locked

because no one has posted on it for the last 2990 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

Hi Guys,

 

A friend has received a letter, which I suspect is a fishing one, from the above.

 

The debt is for £1700ish and it was a Sainsbury's credit card, taken out in the middle of 2004.

 

The default date is January 2009.

 

The correspondence they've sent contains lots of if's, maybe's etc. and that if it goes to court, ''our client will request that the Courts grant a Judgement in default by instalments of £50 per month''.

 

It then goes on to state the consequences of a CCJ and also enclosed is an Income and Expenditure form, as well as a rather convenient Direct Debit form.

 

My friend is certain, but not 100% that she stopped paying around 2009 due to her own circumstances back then.

 

How can she find out when she made the last payment without going through Mortimer Clarke or Cabot??

 

Going by what she says, this is Statute Barred, but how can she find out for definite?

 

Regards,

 

Buncrana

Link to post
Share on other sites

If its statute barred meaning no payment or written acknowledgement has been made in the last 6 years , then ignore unless court docs appear. If they do, then you use the SB defence to kill the debt.

 

Cabot only deal in non enforeceable debts, and they bought a ton of those prior to christmas. They know theyre bad debts which is why its full of if's, maybe's etc.

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

If its statute barred meaning no payment or written acknowledgement has been made in the last 6 years , then ignore unless court docs appear. If they do, then you use the SB defence to kill the debt.

 

Cabot only deal in non enforeceable debts, and they bought a ton of those prior to christmas. They know theyre bad debts which is why its full of if's, maybe's etc.

 

Thanks for that Renegade...

 

Your reply is what I was thinking. The letter went to an old address and was very kindly sent on by the current occupants.

 

I'll advise her to wait and see if anything else shows up.

 

I read elsewhere that there are issues with their licence to fleece, sorry chase debts. Does anyone know if this is the case?

Link to post
Share on other sites

defaulted jan 2009 and no payment since? That means she would have not paid anything prior to late 2008 at the most recent

so will be SB by feb 2015 at latest (6 yrs+1 month after default to clear odd days off calendar) and probably months before that.

 

I would be minded to send a letter to them stating it is SB

because if they get a sniff that it was an old addy they wrote to they may well try getting a CCJ by the back door

relying on the fact that the letters may never arrive with her in time.

 

no harm in this as long as the debt has not been acknowledged since.

Link to post
Share on other sites

It's likely already sb or no paperwork exists. Which is why it got sold.

 

Sit on your hands and wait for them to make the next move. Meanwhile just check your records so you can be sure its sb

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

go ring Sainsbury bank and ask.

 

 

it might have been admin'd by RBS for that take out time though

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

looks like it will be sainburys so go ring and ask.

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

looks like it will be sainburys so go ring and ask.

 

Hi DX, Would ringing them set it all off again, reset the clock so to speak??

 

She still banks with the same people as she did back then. I've suggested that she ask them when last payment left her account.

 

When she gets back to me with that info, I'll let you know :)

Link to post
Share on other sites

defaulted jan 2009 and no payment since? That means she would have not paid anything prior to late 2008 at the most recent

so will be SB by feb 2015 at latest (6 yrs+1 month after default to clear odd days off calendar) and probably months before that.

 

I would be minded to send a letter to them stating it is SB

because if they get a sniff that it was an old addy they wrote to they may well try getting a CCJ by the back door

relying on the fact that the letters may never arrive with her in time.

 

no harm in this as long as the debt has not been acknowledged since.

 

Apparently she was on a DMP at the time through CCCS. Am I correct in saying that a default would still be issued, even though payments were being made, though at a greatly reduced rate??

Link to post
Share on other sites

she has a claimform the clock has stopped cant reset anything..

 

 

cant you check her credit file for a default?

and last payment?

 

 

 

 

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

When was that default date.

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

When was that default date.

 

Hi Renegade,

 

Default date was was Jan 2009. Default balance was just over £2k, current balance is just over £1700 which makes me think there were payments after default date.

 

Card was taken out in July 2004 if that helps.

 

Until she can find out last payment date I won't know for definite if it's statute barred.

 

Once I find out I'll post details :)

Link to post
Share on other sites

Debt is either sb or Cabot do not hold the paperwork. It's one of those 2 reasons.

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

Debt is either sb or Cabot do not hold the paperwork. It's one of those 2 reasons.

 

Seems to be Renegade. Hopefully she'll let me know today if she has contacted her bank to see when last payment left her account.

 

One concern though is that this was sent to a previous address. If she didn't contact Cabot/Mortimer Clarke, of what benefit would it be to them if they went for a CCJ without her knowledge?

 

She's reluctant to contact them....

 

Also, if she does contact Sainsbury, would that reset the clock??

Link to post
Share on other sites

Seems to be Renegade. Hopefully she'll let me know today if she has contacted her bank to see when last payment left her account.

 

One concern though is that this was sent to a previous address. If she didn't contact Cabot/Mortimer Clarke, of what benefit would it be to them if they went for a CCJ without her knowledge?

 

She's reluctant to contact them.... send them a CCA request

Also, if she does contact Sainsbury, would that reset the clock??

 

 

no it does not

 

 

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 benefit? None. They'll do it out of pure spite. That's how low Cabot will sink

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

well there was a time as I said, that sainsburys cards were admin'd by RBS

so that's prob correct

 

 

as I said in post 5

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

well there was a time as I said, that sainsburys cards were admin'd by RBS

so that's prob correct

 

 

as I said in post 5

 

Hi DX,

 

She has asked her bank to look into the date of the last payment. I'm not sure how long it will take them to find it, hopefully they'll be quick.

 

It was done by secure messaging this evening.

 

I've already printed off the CCA template just in case.

 

Once they let her know, I'll see what happens from there.

 

Thanks for your help so far :)

 

Buncrana

Link to post
Share on other sites

Hi Guys,

 

Well her bank got back to her today.

 

Unfortunately the last payment to CCCS left her account at the start of September 2010.

 

So, is the next step the CCA route??

 

Going through previous posts and responses, it seems that it is.

 

Buncrana.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...