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    • I Know I will get flamed for this , but for once time only I am with MET . The so called  “graffiti” is there to help people , Parent and child bays , Disabled bays , and electric charge point bays are all there for a reason  , just suppose you had an electric car and it was in need of charging ,had children in the car and need extra space to get them out ,had a disabled passenger who needs extra space . how would you feel  if the bay was obstructed . I have no doubt the experts here will guide you to having the parking charge cancelled . But morally ………..
    • I'm afraid that standing on principles almost always involves a bit of risk. I hadn't noticed the case that you have referred to – and our site team member @Andyorch has already commented on it that there is a lottery in so far as judges are concerned. I haven't seen the claim form and I don't know precisely how it was argued in court. I feel very strongly that the decision is wrong because it effectively allows contractual terms to overcome statutory rights – and this has to be in error. Whatever the case, it is most likely that Hermes will simply put their hands up and pay you out and if you had claimed 5 pounds more they would have done the same. Even if they had gone to court, your chances of winning on a claim for the £25 would be better than 95% and the worst you might have expected would have been for the court to refuse to award you the extra 4 pounds and simply to give you the £25. I think that Hermes and the other courier companies rely on the fact that their customers don't have sufficient confidence to refuse to pay for the extra insurance. Clearly this is something which needs to be tested at a reasonably within the court structure but of course this is most unlikely to happen given the value of claims. I was sorry to see that your original reason for not claiming the full value was that   I asked you to post up your claim form. I think it will be helpful if you did that.
    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are 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.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
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SpeedyCBR1100

Cabot/Hassall CCJ - Morgan Stanley Dean Witter Sainsbury card - chasing payment i stopped

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I had a problem a few years ago and was paying a small amount of money to the above for a debt following a CCJ in 2007. 

 

I was forced to retire following a motorcycle accident and I receive only the state pension. 

I sold my house in the South East about 3 years ago and moved to Derbyshire where I am from originally.

 

I've been waiting to be contacted by the above and I received a letter today. 

They are threatening to enter the 2007 judgement on the Register of County Court Judgements. 

Can they do this after all this time? 

What other steps should I take? 

The debt is not statute barred as I was paying towards it until July 2016. 

 

All help gratefully received.

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Only a court can register a judgment...which is done at the time of judgment if unpaid within the allotted time.Was it not registered at the time in 2007 and if not do you know why ?

 

Andy


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I presume it was, but at the time I was also going through a messy divorce, so I don't know for sure. 

I also don't know how I can check. 

There's certainly nothing on my current credit record. 

 

They actually say in their letter, "The details of the judgement have been entered on the Register of County Court Judgements. It will stay on the Register of Orders and Fines for 6 years." 

 

Perhaps I'm reading too much into that sentence and it has been and gone. 

They then say that if I do not contact them within 7 days, their client, who is Cabot, has instructed them to commence enforcement action.

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Could you scan/ redact the letter and upload it please......difficult to advise on just a snippet....lets see the complete context.


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what was the org debt all about 

debt type etc

and who was the original creditor?

 

they could get an AEO if you are earning

and a CO against a property if you now own one

as you've paid until recently


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Original debt was a Morgan Stanley Dean Witter Credit card from Sainsbury's Bank. 

It was in joint names and went wrong during a divorce. 

 

I'm an OAP with only the state pension as income. 

I own my house as I sold a house in the South East and made enough to do so.

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cant find any link between morgans and Sainsbury..but anyway..

do you remember who got the CCJ..the claimant?

was it cabot?


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Its not they will re enter...it was entered in 2007...but it will have fell off now.

 

It simply threatening to enforce the judgment further because you have stopped payment. Was the " small payment " you was making set by the court or set informally between yourself and Cabot ?

 

Simply resume the small payment ...how much was the judgment for ? How much do you think you have paid off ?

 

Andy 


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The payment was set informally between Cabot and me.  I don't remember how much the judgment was for and I've no idea how much I've paid off.  Should I ask them?

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Okay so there is no court direction set on the amount.....and yes you must request a full set of statements from 2007 onwards...you could use that as a reason to stopping payment.

Im sure there is a requirement that consumers must be informed annually.


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since you moved

have you told them of your new address?

 


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

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It's about 3 years since I moved.  I didn't give them my new address but I kept an eye on my credit file because of activity from my ex.  I saw my address change on there so I'm sure they could too.  I'll contact them on Monday and ask for statements.

 

Thanks for the advice.

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Doesn't work like that 

You must tell creditors

So we're you getting annual statements before your move?


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

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ok sar time then to Cabot me thinks.


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

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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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OK. I've prepared the SAR for post on Monday using the template from here.  God, this place is useful,lol.

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don't sign it

inc a ctax bill copy

might be an idea to also enc a copy of the latest letter.


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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Given that this CCJ was awarded in 2007  it may be Cabot was not the original Judgment claimant.The judgment is 12 years old  with payments being made up until 2016 to I assume Wright Hassall.

 

Anything information required would possibly be best requested from them and not Cabot ?


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I'm pretty sure I was paying Cabot.  I had a phone call from Cabot at the beginning of last week in which I told them I was happy to cooperate but  would prefer to do so in writing.  It was after that I received the letter from WH.

 

 

 

 

 

 

 

 

 

 

 

i

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You want a full statement of account of payments from 2007...outstanding balance and  details of the original judgment.....Only WH can supply that information.....not CAbot.


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

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So do I do a SAR to WH and forget the one to Cabot, or should I do both?

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Costs nothing now...so you could do both...no harm....Im just saying that CAbot wont hold much Data.


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

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I wasn't criticising, Andy.  I'm new to this and I am grateful for your guidance.

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