Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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
        • Like
      • 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

Cabot/Restons claimform - old funding corporation car finance debt [car faulty-VS ]


geoff78
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2500 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

good afternoon

 

I'm new on here and am hoping someone can give me some advice and tell me what to expect.

 

i have received a claim form today from county court business centre relating to a debt originally with the funding corporation but assigned to cabot.

 

 

the issue date is 17 jan and the amount being claimed for is £10200 + costs of £454.50 (court fee ) and £100 (legal representatives costs ).

 

the claim is in joint names for myself and my now ex wife.

 

when we were together we got a car financed through tfc in 2007.

 

when we separated and divorced it was agreed that she take the car and maintain payments on it,

however after sometime she was unable to continue,

as the credit was in joint names, i took the car back and made the payments.

 

when i did this i found out that she had had the payments reduced from £300 per month to £100 per month.

 

i did a sar to check the account and found that £6000 had been added to the amount owed as a result of the payments being reduced.

 

i queried this as i thought that with it being in joint names,

my agreement and signature was required to make this sort of a change and did not hear anything back.

due to this, being made redundant, and various personal issues, payments were stopped.

the last payment made was several years ago.

 

i can no longer find the paperwork which i had from the sar.

 

can someone advise me if i have a viable defense to part of the claim in that i didnt agree to the reduced payments,

if i do - do i send a sar to their solicitors, cabot or tfc and will the court allow me the time to do this?

 

would it be better to admit the claim and ask for a payment arrangement,

i wouldnt be able to afford much as i do not work full time because i look after my 3 year old son for half of every week.

 

i think there was also ppi on the account as well,

although only in my exs wifes name.

would it be an idea to look into reclaiming this?

 

Should i get legal advice and what sort of costs would be involved in this?

 

many thanks for any help and advice that can be given.

Link to post
Share on other sites

  • Replies 59
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I expect that our site team member DX will be along soon because he will be the best person to advise you on this. Watch out for him.

 

In the meantime, I'm not sure if you have told us the date of the last payment which has been made and also have you submitted a request for a CCA? This would be an essential step, in my view.

 

If you think that there is PPI involved then yes, it is certainly worth claiming this and if it goes back to 2007 – including the interest, it could mount up to quite a lot.

 

Have you got full statements of the account? How much has been applied in charges and at what rate?

Link to post
Share on other sites

Hi Bankfodder,

thanks for the fast reply.

 

i am unable to find anything of relevance. and can't remember when the last payment was made

- it would be at least 2-3 years ago, possibly longer.

 

should i send the cca to cabot, tfc, or their solicitors?

and will this give me all the information i need regarding the contract, payments made, ppi etc?

Link to post
Share on other sites

please fill this out:

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(3-Viewing)-nbsp

 

 

so you got done over by voluntary surrender when you pay the full whack

rather than voluntary termination whereby you only pay 50%

quite usual for them

 

 

they did it for years to people under a previous name and got struck off for doing it if I remember correctly then simply changed trading name

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

Name of the Claimant ? cabot financial

 

Date of issue – 17 jan 2017

 

Date to acknowledge = 04 feb

 

Date to submit defence = 18 feb (33 days in total) - [file Friday by 4pm]

 

What is the claim for –

1.The claimant claims payment of the overdue balance defendant(s) under a contract between the defendant(s) and the funding corporation dated on or about sep 20 2007 and assigned to the claimant on nov 13 2015

 

What is the value of the claim? default balance £10200

post refri cr (? not sure what this is ) nil

+ court fees and costs 554.50 = £10754.50

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Car Finance

When did you enter into the original agreement before or after 2007? 20 sept. 2007

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. assigned.

Were you aware the account had been assigned – did you receive a Notice of Assignment? yes

Did you receive a Default Notice from the original creditor? yes

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no

 

Why did you cease payments? financial difficulties and that i had queried and had no reponse regarding the rescheduling of the finance

 

What was the date of your last payment? unknown

Was there a dispute with the original creditor that remains unresolved? not formally, only the query i had raised

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no

Link to post
Share on other sites

sorry for the delay in replying.

i had minor surgery a few days ago and was advised not to do anything online or otherwise whilst still under the effects of sedation.

 

the vehicle wasnt vt'd or otherwise

- there was a significant fault with it that i couldnt afford to have repaired

 

 

after considerable time at the garage they sought permission ( presumably from tfc) to remove the vehicle.

 

 

i dont have full statements of the account, only a few pages that i have found

although they do show quite a few charges of £30 for "admin fee" following £40 charges for "unpaid dd".

 

ive also found a letter they (tfc) sent several months before i raised the query with them saying that the agrement had been cancelled due to my failing to comply with a notice of default,

 

 

however they continued to accept my monthly payments and sent letters after this as though the agreement still existed

is this of any relevance?

Link to post
Share on other sites

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

 

get a CPR 31:14 request running to the solicitors

.

don't sign anything

leave the £1PO blank and uncrossed

.

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'm not 100% sure

but as this has joint names on the claimform?

it might be wise to alert your EX.

she equally needs to do the same as you.

i think

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

thanks for that DX100uk,

 

i'll get on all of that straight away.

 

Should i also send off a sar request?

 

i will let her know,

although as her current address is on the claim form

i had assumed she would also have received a claim form.

 

does she also need to do all of the above or will my actions cover the both of us?

 

what sort of things am i looking for with the cca and cpr requests?

Link to post
Share on other sites

your ex needs to do exactly the same as you are doing

else even if you defend etc etc

she will get a default judgement for the whole lot in here name

regardless to whatever you do or happens to you if she doesn't.

 

as for the SAR

 

yes it could be useful for afterwards

but that's to TFC and takes 40days

no point in send and sar to anyone else

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

  • 2 weeks later...

good morning all,

 

received a letter from solicitors stating that as my letter was unsigned they could not reply to my cpr letter,

i sent a new one in that had been carefully signed.

 

 

I have now received a reply stating that as the claim was issued by the cc business centre and as such does not allow for the attachment of documents and that claims started online do not need the particulars of a contract to be attached.

 

also as i would have been given the t&cs when the account was started so they see no reason why they should give me another copy.

 

also the notice of assignment is not mentioned in their poc so don't need to send that either ( although they do say in poc that the account was assigned to their client ).

 

According to them, their poc gives sufficient information for me to be able to file a defense/counterclaim.

 

As DX advised, my exwife has also sent off letters of everything i have done, however she hasn't heard anything from solicitors, not even a letter about her cpr being unsigned.

 

sorry, meant to add on the previous post

- should i send another letter to chase the cpr or just leave it?

 

 

How will this stand with the court and the 12+2 days for a cca is that from the date of posting or the date they received it? thanks

Link to post
Share on other sites

No dont chase anything..the above is a standard template response they issue to anyone requesting CPR 31.14..its designed to get you into letter tennis with them....just concentrate on your defence due date now and start looking at other examples.

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 OTHER

 

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

Link to post
Share on other sites

You say car finance

 

Please clarify HP/Conditional Sale/Logbook Loan(bill of Sale)

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

good afternoon,

 

the situation at the moment is that the claimants solicitor has refused to send me what i asked for in my cpr and that today is the 15th day ( including weekends ) since the claimant received my, and ex wifes', cca requests and we haven't heard anything from them - not even an acknowledgement of receiving them.

 

i've been looking on various threads trying to find any cases similar that i can use as a guide to writing my defence, which needs to be filed by friday, and haven't found anything similar.

 

 

if anyone knows of one please point me in its direction as i'm starting to confuse myself.

 

should i use the lack of responses from the claimant to the cca request in my defence and does it have any weight with the court?

 

also with a joint agreement does it have any value stating that i did not agree ( or was aware of it at the time ) to the hp agreement being refinanced or rescheduled as they call it? even my exwife doesnt recall having signed anything on that matter.

 

 

I have to admit that although i can't remeber signing anything to that effect nor imagine myself agreeing to add £6000 to the agreement, self doubt is starting to creep in.

 

on a separate note I have noticed that the various charges that were applied to the account, missed direct debit etc, are greater than those listed in the partial paperwork i have, some charges are as far back as 2008.

Link to post
Share on other sites

id just file our std no paperwork/holding defence

[failure of CPR and CCA]

 

 

cabot wont go anywhere with this

and they'll let it get stayed.

 

 

as the story is complex and they wont bother trying to unravel it when they do see the paperwork from TFC.

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

just for background

when did the car fail [how soon after you took out the finance?]

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

Couple of points

 

Who the claimants solicitors ( Restons perhaps?)

 

Did you get a new SAR sent to TFC ? could prove useful at a later date

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

thanks DX, i'll write it up and post it on here to get your opinions if thats okay.

 

the car failed after about 4 years.

i doubt that cabot have any idea about the details,

tfc never responded to me when i raised the refinancing issue with them.

 

good guess oldrouge,

i have to admit to recognising letters from them on other threads,

most of them word for word to what they have sent me.

 

i havent sent a sar yet,

i wanted to get this resolved before i started another issue with tfc.

 

 

would having a sar show up anything that i could use in court if it goes the distance?

 

one more quick question,

is it possible to file your defence online or do i need to post the form back that i was sent in the claim pack i received.

 

i can't find anything in it that says i can do anything other than acknowledge the claim.

Link to post
Share on other sites

post 7 on the mcol website

same as when you ack'd the claim [AOS]

 

get the sar running.

 

defence by 4pm Friday 17th

BOTH OF must file the same defence.

 

id just file our std no paperwork/holding defence

[failure of CPR and CCA]

 

cabot wont go anywhere with this

and they'll let it get stayed.

 

as the story is complex and they wont bother trying to unravel it when they do see the paperwork from TFC.

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

post it up here and we'll help

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, this is what i've come up with so far re defence.

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

 

2. On receipt of this claim I requested information pertaining to this claim by way of a CPR 31.14. This was received by the claimants' representative on 30 January 2017. A second request was received by the claimants representative on 02 February 2017, and, although these were acknowledged, to date I have yet to receive a satisfactory response.

 

Furthermore I have a made a request to the claimant, Cabot Financial Limited, under section 79 of CCA1974 for a copy of this agreement. This request was received by the claimant on 30 January 2017. However, to date I have not received a response regarding this. I understand that until their compliance the claimant is unable to request any relief or enforce any agreement.*

 

As per Civil Procedure rule 16.5(4) it is expected that the claimant prove the allegation that the money is owed.

 

By reason of the facts and matters above it is denied that the claimant is entitled to the relief claimed or any relief at all.

 

how does that sound so far?

should i mention anything in the defence regarding the refinancing or wait until ( or if ) i receive anything from the cca?

Link to post
Share on other sites

Not detailed enough

 

You must answer each paragraph and deal with the assignment

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

you've obv seen the holding defences as you've used some of the lines from it already

 

you need to use all of it.

 

answering each line of their poc. [the red bit] when you filled out that link earlier.

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

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...