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    • Thanks for the reply     Name of the Claimant ? CABOT FINANCIAL (UK) LIMITED   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 18/02/2021   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? By anagreement between New Day Ltd RE Marbles & the Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1. 2140.14  2. Costs   What is the total value of the claim? £2325.14   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I could have   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? Not Sure but im going to look back on old emails. But I think it would have been around 2018.   Do you recall how you entered into the agreement...On line /In branch/By post ? If I did it would have been online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No but there is a DCA on there that could be for this.   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. Debt Purchaser by the looks of it.   Were you aware the account had been assigned – did you receive a Notice of Assignment? I could have but I’ll need to look back.   Did you receive a Default Notice from the original creditor? Not sure but its possible.   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not sure but its possible.    What was the date of your last payment? I don’t know.   Was there a dispute with the original creditor that remains unresolved? No.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No.
    • Sorry, just to be clear; I handed the car back in November time.
    • Hi dx,   Thanks for the quick reply!   Unfortunately the history is a tad complex but I'll give it a shot: I originally had a PCP contract on a Volvo. The PCP was coming to an end so I went to renew for a new car. When I went for this, unbeknown to me, my credit rating had slipped so I was declined. In a panic, as I was going to be without wheels for work, the salesman asked if anybody would be willing to take the finance out on my behalf.    Again, in a panic, I asked my brother to and he did not hesitate to take the finance. At the time of the sale, the contract was changed to a  PCH. It wasn't really explained at the time,  what this implied. I suppose it was naive on my part not to look into this further but it seemed like a rush job at the showroom. He just wanted the sale in other words and brushed past all the details... sign here....sign there etc.    Fast forward to COVID and I loose my job. Cant afford the payments. Only had the car a year or so. I ring up to explain this and they tell me of course.....but.......we (Volvo Contract Services/Santander) want £5,000 for early termination. I was goobsmacked.    I told them there's no way I can pay that; I don't have a job. Not interested. So I look into this further and there's FCA advice regarding miss selling of car finance and a lot of what is on that subject applies to my situation so I thought I could ask Volvo/Santander for their complaints procedure before I contact the FCA. I emailed them this request.   Next thing I know I get this letter through my front door today from DWF Law LLP (Manchester) saying that I have 30 days to cough up or else they will issue County Court proceedings. Of course the letters cover page with the actual threat is a mixture of my details and this other persons details and their agreement stapled to it.   As far as I'm aware though, a PCH isn't regulated by the CCA?   What do you reckon?     
    • please complete this:   You have received a Court Claim ISSUED IN ENGLAND & WALES What you need to do - Financial Legal Issues - Consumer Action Group
    • the number of people that can't pay rather than just WON'T pay, that were arrested for non payment of CTAX in the uk can be counted on the fingers of one hand. seriously, forget about that ever happening to you or it ever ever going that far. yours is very obviously not a case of wilful refusal to pay.    get you MP onboard as quickly as you can monday.   i can tell you now the council will not accept £5PCM . you need serious help if you are in such dire trouble and to be honest why has this just happened this year or is this problem greater than simply not paying since april? what happen in previous years were you able to meet CTAX ok? explaining the above in your brief but concise contact with your MP will go along way to them intervening much quicker.                
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Northwest mini centre help please


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better to each complain

 

no need for any kind of group

 

Police would see one person complaining as a civil matter and it being more of s disgruntled customer rather than a serious fraud.

The fact he's done it to so many people surly proves it was a con.

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How so?. How can you show he wasn't "hoping it'd all come right & he'd be able to trade his way out of trouble"?

That is a potential defence for each and every charge : the volume in itself proves nothing - surely the timings (in combination with the accounts for the firm) are more relevant?

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Because he's been taking money off people since 2011 for restoration work that he's never done.

The fact over a 6-7 year period he's filled two large storage units and a yard with customers cars and not even touched them while living a life of luxury is to me fraud.

He text me two weeks ago and told me he didn't have the cash,time or means to complete my car yet the same week he took on a friends car as in insurance job and completed the work.

his in it's self proves he did.

 

He's told everyone he's skint and has no money yet handed over £3500 to someone that seized his tools off him on Friday morning.

 

He's took a deposit off a customer then emailed them weeks later saying work is going on and we are ready for first instalment money's been sent then a few weeks later same again yet the car hasn't been touched - it's blatant fraud.

 

I'm not saying we have to persue him as a group but as a group of victims we are better equipped to deal with it, seek advice and move forward.

 

You seem very negative to the whole thing.

Have you had dealings with Chris??

Does he owe you money??

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You seem very negative to the whole thing.

Have you had dealings with Chris??

Does he owe you money??

 

No, I have no dealings or connection with him.

 

My "negativity" is in:

a) the difficulty in enforcing a judgment against an insolvent company

b) the difficulty in getting a judgment against a director for a company's debts

c) the difficulty in proving a prosecution for fraud (being to the criminal standard of proof rather than the civil standard of "balance of probabilities).

 

In case you are still in doubt, I posted further up the thread:

Did they get any extra money from you based on the emails / photos?

If so would you consider reporting him to the police where they can consider if there has been a fraud by false representation?

 

In other words, if there is stronger evidence of a dishonest false representation causing a loss, I was suggesting reporting it for consideration of prosecution!

 

I just want any expectation of outcome to be a realistic one.

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Personally I don't want to post the full story or updates on here as Chris also reads this site.

 

I want to find a way of getting names/ numbers for all affected and then seeing what police will do - lot more chance of them taking it seriously if there is a group.

 

And yes, he did get next instalments based on the emails saying he had done work.

 

I know it's fraud, you know it's fraud but how to get him in custody is another matter.

 

Problem is admin tell you to start a new thread each time. Anyway.

 

He did export money based on the emails = fraud.

 

However getting him in custody is another matter.

 

I agree, multiple threads of different issues makes knowing just how many people are in our situation very difficult. As an update to my car, I had it dropped off by NWMC and the "business is being taken over by the receivers who will be in touch with me" (that was after my last phone call last week).

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the more complaints the more weight

 

 

the more threads

the more publicity

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... 

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I agree, multiple threads of different issues makes knowing just how many people are in our situation very difficult. As an update to my car, I had it dropped off by NWMC and the "business is being taken over by the receivers who will be in touch with me" (that was after my last phone call last week).

 

So they just randomly turned up with your car and dropped it off.

Carnt understand why he's gone to the bother of delivering some cars back to owners but then others have been left there for the liquidators to seize.

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Hi, sorry I've only just seen your post.

 

Yes, my car was returned back on Monday 11th September.

The car was a wreck (seemingly much more than when it had been collected)

 

 

most of my stuff I had bought for the car and dropped off

(in the months leading up to my wedding in November 2016 when the car was supposed to be ready for - another story) were inside the car, in boxes.

I had also bought new carpets and underlayer for the car too, these were nowhere to be seen.

 

 

I called Chris and spoke to him the day after and he said he would have a look for them but thats the last I heard from him.

Phone goes to 'invalid number' now so i'm guessing he's gone properly AWOL and changed numbers.

 

Is your car still at the unit?

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Latest update - chris has gone AWOL. Steve and Mark have taken over workshop and want all cars gone by end September. Derbyshire police very interested in this case as below. Lots of people have been defrauded.

 

People affected need to ring 101... press # for alternative station and say Derbyshire. Then get through to that constabulary (if you are not from round there).

 

You can quote this incident number and it will make a bigger case. If you can get in to make a statement then great!

 

Ex-employees / customers alike!

 

EDIT: CASE NUMBER 797250917

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Latest update - chris has gone AWOL. Steve and Mark have taken over workshop and want all cars gone by end September. Derbyshire police very interested in this case as below. Lots of people have been defrauded.

 

People affected need to ring 101... press # for alternative station and say Derbyshire. Then get through to that constabulary (if you are not from round there).

 

You can quote this incident number and it will make a bigger case. If you can get in to make a statement then great!

 

Ex-employees / customers alike!

 

EDIT: CASE NUMBER 797250917

 

Thanks very much for the update, have you had any luck with the case so far or are they looking into it? As I said earlier, we could do with all people knowing this information but as there are so many threads it is difficult to know how many people are in the same position. Maybe post that 'post' on all related threads so police can get as much info as possible?

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Only just sorted it today. There is a Facebook group too - look under 'disgruntledNwmc' and hopefully it should come up. Quite a few of us on thrrr.

 

Great stuff thank you. I will look it up and be in touch with Derbyshire. Will update on here as and when I find out more.

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