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    • Thank you all for your input so far. I have now received a letter back from my CPR 31.14 stating 'CPR 31.14 is not relevant to small claims matter, pursuant to cpr 27.2......we are under no obligation to disclose the documentation at this stage.' I assume this response is expected?   I have reworded my defence and made it more succinct, I'm not sure what else I could add?   1. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.   2. It is admitted that the Defendant was the registered keeper of the vehicle in question. However, the defendant has no liability as they are the Keeper of the vehicle, and the Private Parking Company has failed to comply with the strict provisions of PoFA 2012 to hold anyone other than the driver liable for the charges.   3. Signage at the site is not sufficient. A sign is present on the left hand side of the entrance, away from the driver, and therefore cannot be easily read by the driver of a passing vehicle. On closer inspection this sign states ’Refer to the full Terms & Conditions signs located throughout the car park’. Signs are located so that information is often obscured by other parked cars and is difficult to read. These signs state ‘Entry to or use of this privately operated and managed car park is subject to the current terms and conditions of vehicle control services ltd. Motorists/persons utilising this car park hereby accept in full the terms and conditions.’ Therefore, the driver is deemed to have agreed to the terms and conditions by having entered the car park before knowing what those terms and conditions are. The elements of offer, acceptance and consideration both ways have therefore not been satisfied and so no contract can exist.   4. The claim contains a substantial charge additional to the parking charge which it is alleged the defendant contracted to pay, This additional charge is not recoverable under the protection of freedoms act 2012, Schedule 4 not with reference to the judgement in parking eye v Beavis. It is an abuse of process from the claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4) of the civil procedure rules 1998    In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4. 
    • On side note: I have notice that many people without the skills to argue their point, accuse others of being rude, racist, sexist, homophobic etc. I.E. Excuse me, i don't have a receipt for this refund, but i have my bank statement,  can i get a refund? -No, no receipt no refund - But your policy and the law says "proof of purchase" not "receipt " - You're rude/racist/homophobic, you must leave now or i call security.    I see this happening day in day out. Even kids do it, they're very quick at gaining a crowd's attention by shouting "racist/homophobic" so they can feel they've won the argument.  Sad.  
    • The advice is: make a complaint and get a refund. Then make another complaint about the inspectors attitude if you want, but changing the world is something that it's not going to happen, surely not for an excess fare. Inspectors are given discretion and unfortunately some of them take this as a sign of power over other people. It's impossible to sack all people who have a little position of power and employ more, hence the complaint system.  That's life and as .much as everyone of us want to improve it, it's an impossible task, so don't waste your time and brain on it. Just accept that there are things you can't change.  Get your refund, get your apology, then move on. That's my advice.
    • Hi.   I've removed part of the account number to keep this anonymous for you.   Have npower done what the ombudsman said?   HB
    • Read our customer service guide.   You've been here since 2012
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Cabot Subject Access Request (SAR)

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Some years ago, Cabot acquired five credit card debts I had with BOS/Halifax/IF/Barclays/Lloyds.

This amounted to a substantial sum and was the result of 'getting my fingers burnt' in property development.

There is no entry in my Credit report for any of these amounts, or from Cabot.

 

For the past several years I have been paying an agreed £1/month on each account to Cabot, no payments missed or late.

They seem quite happy with this and don't bother me.

This amounts to the princely sum of £60 / year in reduction of the substantial debt, less whatever they spend on administration/letters etc.

 

I am almost seventy and have negotiated substantial debt write-offs with NatWest, Capital One and Tesco directly.

Cabot would not write their debts off.

 

With my sisters help I have tried to negotiate a settlement of £2000, (ok the total debt is around £40,000), but they keep saying no.

 

I have pointed out to them that if I live to 80 they will only get £600 and to 90 they will get £1200...

..and I will have no assets to leave,

but they are adament I keep paying £1/month each account.

 

I could simply keep paying this and let it die with me, but I want a 'clean sheet'.

 

I have requested a SAR within 40 days.

 

1) Assuming they respond in the timescale but do not send any signed novation agreement or original /certified copies of the original agreements bearing my signature, can they actuallly DO anything if I stop payment?

 

2) I am selling the modest house I have in the UK (no equity) and going to live with family in France. If I just leave the UK and don't give any French adress what would/could they do?

 

3) If I did either of 1 or 2 can they retrospectively place entries on my credit report?

thanks

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" signed novation agreement "

 

Whats one of them ?

 

Andy


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You need to send a CCA request for each debt

Me thinks you are being cash cowed


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Novation - see https://en.wikipedia.org/wiki/Novation

 

I am advised by StepChange that one request will cover all accounts - that has also been confirmed by Cabot. Why do you think I am being 'cash cowed' - please explain comment.

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send the CCA1974 request and see if they are enforceable or not - if not you are being cash cowed and not told you owe but not need to pay


:mad2::-x:jaw::sad:

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Yes...but I am trying to find out from my origianl post WHY they might not be enforceable.

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Novation - see https://en.wikipedia.org/wiki/Novation

 

I am advised by StepChange that one request will cover all accounts - that has also been confirmed by Cabot. Why do you think I am being 'cash cowed' - please explain comment.

 

Novation is not applicable to agreements covered by the CCA1974...its called an Assignment


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well...if they have no asssignment proof nor original signed CC agrement nor Novation ...still trying to get answers to my original post.....

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firstly

its a Subject Access Request..dunno where Search came from?

 

 

2. under an sar, which to a dca is pretty much pointless, they are not obliged to send any of your agreements or whatever you asked for like the novation or the deeds.

[be careful upon what site you are following - some of these debt websites boarder on the ridiculous freeman of the land twaddle and give very dangerous and in the end costly advise]

 

 

3.your debts are very old, they all would have defaulted years ago, as such they are removed on the defaults 6th birthday, never to return [unless you let them WIN if they issue a CCJ claimform]

 

 

4. I admire your wish to clear your sheet before you pop your clogs,

but in all reality,

if these debts have been sold to debt buyers,

then have you ever wondered why??

why didn't these big multi national companies crush me in court?

why did they sell my debt off for peanuts [

 

 

probably because the debts are made up of a substantial amount of unlawful charges and or PPI and or any other insrances etc that can all be reclaimed

or that they don't hold enforceable paperwork as the account is so old, so they sell it on.

 

 

shame you didn't think about these things? before you blindly paid off you other debts already

could have saved you £1000's already...

 

 

if whomever you are currently paying cant produce enforceable signed agreements [as i'll guess every card was prior to apr 2007)

one might question why, legally you are paying them at all.

 

 

its an easier and cheaper way to clear your debts prior to death

that way your estate or assets are safe from future claims

 

 

these full and final pay offs you've made

I do hope that you have kept copies of all the signed letters from the various creditors

that say the debt is now dead and that they wont sell the remainder on to debt buyers ?

 

 

for whomever will admin your estate on that sad day

because if you haven't got those signed letters.

and they are not water tight upon sale of the partial settlement.

 

 

it could comeback and bite them after your death.

 

 

cash cowing means blindly paying debts off or blindly partially settling a debt without first checking that they are all legally enforceable first.

[stuff the morality card]

 

 

or that you are not blindly still paying a debt to a DCA that they have no legal right to even demand money upon.

 

 

hence a CCA request for EACH debt.


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Thank you for the reply. I did NOT pay off the other debts - they saw the hopelessness and wrote them all off.....and yes all letter confirmations are held safely and are watertight.

 

The debts that were sold to Cabot did NOT have unlawful charges and did NOt have any PPI.

SAR was advised by Step Change (who only advise, not manage).

 

It is a step to go through. I do not expext to see any assignment (apart from original letters from CC companies staing they had passed it to Cabot) or Novation.

 

What I DO NOT think they will produce is the original or certified true copy of the agrement that was held by the CC company...way back before 2007.

 

This is what I am trying to get answer to in my original posting. If I simply stop payments when no agreements are produced what CAN they do??

 

1) Assuming they respond in the timescale but do not send any signed novation agreement or original /certified copies of the original agreements bearing my signature, can they actuallly DO anything if I stop payment?

 

2) I am selling the modest house I have in the UK (no equity) and going to live with family in France. If I just leave the UK and don't give any French adress what would/could they do?

 

3) If I did either of 1 or 2 can they retrospectively place entries on my credit report?

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1). Issue court claim against you if they think it is worth it. They sometimes do this, even if they can't get hold of CCA, in the hope of gaining default judgement as you did not defend.

 

2) issue court claim to last known UK address and win judgement by default, as you did not know about it. Not really wise to move without giving new correspondence address. If you gave a French address, i doubt you would be subject to enforcement in France if you had no means to pay. They would have to think it was worth paying French lawyers and issue proceeding in your nearest French court. Very unlikely to bother.

 

3) original creditor (OC) should have placed default, it stays on for 6 years and can be updated by any debt buyer. If the OC did not apply default in error, a debt buyer can add the default, but it must relate to original default date. If you have only ever paid token payments, the accounts were in default because you were not making the actual minimum payments required under contract.


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Thank you for that.

3) the OC DID place defaults on Credit file but have dropped off after 6 years. Can you clarify if Cabot CAN or CANNOT add default if I stopped paying?

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Thank you for that.

3) the OC DID place defaults on Credit file but have dropped off after 6 years. Can you clarify if Cabot CAN or CANNOT add default if I stopped paying?

 

No they can't.

 

Once 6 years has gone by and you were just making token payments, these payments are nothing to do with orginal default.


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Thanks - I think I have a clearer idea now.

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HAve received a reply from CABOT stating they are unlikely to be able to provide CC agreements within the 12 days period, but have written to original companies and would hope to do so within 40 days......

 

One interesting part of the response was that regarding my Bank of Scotland CC they are unlikELy to provide this so will no longer pursue collection of that account...

(although stating that it should not be considered written off as the debt legally remains).

 

Hope they cannot unearth the other original agreements (from around 2000-2005/6)

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std response from cabot.

 

 

so cash cow accounts already being removed from the milking parlour..good job


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std response from cabot.

 

 

so cash cow accounts already being removed from the milking parlour..good job

 

:madgrin:


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Response from Cabot enclosing one of the CC Agreements. This is signed and dated by me....but not signed and dated by Halifax. Is this still a legal Agreement??

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Yes.......but the agreement may not be until we see it.


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How do I show this.....? It has personal information on it....address/income at the time etc.

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redact it - take a copy and blank out personal details, numbers down load on here


:mad2::-x:jaw::sad:

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follow the upload

to ONE multipage PDF please


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Please see attached redacted Cabot.Intelligent Finance agreement...(what a palaver to upload a file!!!...why not an option on this toolbar>???)....looks ok to me....

Cabot_IF_redacted.pdf

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If you could upload page 3 again as its chopped off on the margin (left) we cant see the numbers.(if any)


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urm..you need to remove your pers details

unapproved too.

 

 

follow the upload


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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