Jump to content


  • Tweets

  • Posts

    • best to be sure it is a N279. not that they pull any underhand stunts of course   but we have seen it. your bal is now £0 but we'll still attend court as you'll probably not as we've said we've closed the account and we'll get a judgement by default. dx  
    • Sorry, last bit They had ticked that they wanted the application dealt with without a hearing, so is there any relevance that a date and time to attend said hearing has been sent out ?
    • I've not seen it personally but I think that's the letter Dad has had from Overdales. I'll see it tomorrow. It states balance: zero
    • Agreed as you clearly have little faith in your star runners, mind you - I have less - conditional on the welcher clause I defined being part, and that we are talking about the three defined candidates: Tice Farage and Anderson - not anyone anywhere as reform might (outside chance) get someone decent to run somewhere. If any of the three dont run - they count as a loss.   welcher clause. "If either of us loses and doesn't pay - we agree the site admin will change the welchers avatar permanently to a cows ass - specific cows ass avatar chosen by the winner - with veto by site on any too offensive - requiring another to be chosen  (or of course, DP likely allows you can delete your account and all your worthless posts to cheapskate chicken out and we'll just laugh) "
    • This is the full details, note they have made an error (1) in that paragraph 5 stated 14 days before hearing not 7. Surely a company of their size would proof read and shouldn't make basic errors like that 1) The Claimant respectfully applies for an extension of time to comply with paragraph 5 of the Order of Deputy District Judge XXX dated XX March 2024 i.e. the evidence upon which the parties intend to rely shall be filed and served not later than 7-days before the hearing. 2) The Claimant seeks a short extension of time allow them to further and properly investigate data provided to them by Royal Mail which is of importance to the proceedings and determination of the Claim. 3) The Claimant and Royal Mail have an information sharing agreement. Under the agreement, Royal Mail has provided data to the Claimant in respect of the matters forming the basis of these proceedings. The Claimant requires more time to consider this data and reconcile it against their own records. The Claimant may need to seek clarification and assurances from Royal Mail before they can be confident the data is correct and relevant to the proceedings i.e. available to be submitted as evidence. 4) The Claimant's witness is currently out of the office on annual leave and this was not relayed to DWF Law until after the event which has caused a further unfortunate delay. 5) The Court has directed parties to file and serve any evidence upon which they intend to rely not later than 14- days before the hearing i.e. by 4pm on 6 June 2024. Regrettably, the Claimant will have insufficient time to finalise their witness evidence and supporting exhibits as directed. We therefore respectfully apply to extend the time for filing/serving evidence so that the evidence upon which the parties intend to rely by filed and served not later than 7-days before the hearing i.e. by 4pm on 13 June 2024. 6) This application is a pre-emptive one for an extension of time made prior to the expiry of the deadline. In considering the application, the Court is required to exercise its broad case management powers and consider the overriding objective. 7) In circumstances where applications are made in time, the Court should be reticent to refuse reasonable applications for extensions of time which neither imperil hearing dates nor disrupt proceedings, pursuant to Hallam Estates v Baker [2014] EWCA Civ 661. 😎 It is respectfully submitted that the application is made pursuant to the provisions of CPR 3.1(2)(a) and in accordance with the overriding objective to ensure the parties are on an equal footing when presenting their cases to the Court. The requested extension of time does not put the hearing at risk and granting the Application will not be disruptive to the proceedings.   They have asked for extension Because 2) The Claimant requires additional time to consider and reconcile data received from Royal Mail which is relevant to these proceedings against their own data and records in order to submit detailed evidence in support of this Claim.
  • Recommended Topics

  • 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
      • 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
  • Recommended Topics

Backdoor Cabot/Marlin 2005 CCJ for old BCT car finance remainder after vt . not paid since 2005!!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 414 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

  • Replies 136
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi, sorry me being a pain again. Missed their call again today (what a shame)

 

Any advice please!!

 

Hi Post, sorry to be a pain but I really need some help with this matter please.

 

Thanks

 

JJ

 

Hi, sorry I really need some help with this please someone.

 

JJ

Link to post
Share on other sites

  • 1 month later...
  • 3 weeks later...

Hi Post, good to hear your getting better, I have read your comments about Welcome secret commissions, now I have the underwriting sheets which show the commission paid, what is the best course of action now?

Link to post
Share on other sites

  • 8 months later...

Hi everyone,

 

I am having some trouble with British Credit Trust.

 

In 2003 our car was written off this was financed via BCT. When we were looking for another car a Broker rung us who we thought was working for BCT and arranged for us to view some cars (none of the cars he organised for us were any good), so we brought one via an independent garage.

 

In 2006 the car engine ceased up and we had to send the car back to BCT and was paying the outstanding balance via Marlin.

 

I then decided to send in a SAR request. What I got back was a copy of the fees the Broker charged even though he did nothing (nearly £1600).

 

I have written to both Marlin and BCT about this matter as hidden broker fees are a no no but neither of them have bothered to reply to my letters even though they have signed for them.

 

Does anyone have the contact details for the main person at both companies?

 

Thanks in adavnce

 

JJ

Link to post
Share on other sites

Just received a letter from Marlin Portfolio (so it has moved one desk down to chimp line) saying if we don't start payments they will start legal proceedings which would be nice, but funnily enough no response to our complaint, so we will start the process again with these chimps and see what happens.

Luckily we have changed phone companies and they don't have the number.

 

JJ

Link to post
Share on other sites

  • 8 years later...

Hi, 

 

My other half has just received a letter from Cabot regarding a debt going back to 2006.

 

It was originally with Marlin, and after taking advice on here we put the account in dispute due to some errors in the paperwork, 

 

She has not heard a thing from them until Cabot wrote saying they got a CCJ at our old address dated 11/2014.

 

No payments have been made on this account since early 2005.

 

As it is nearly 5 years since the CCJ was granted would we be able to set aside the CCJ?

 

Thanks

 

JJ

Link to post
Share on other sites

no point

whats the debt?

 

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

  • dx100uk changed the title to Backdoor Cabot/Marlin 2005 CCJ for old BCT car finance remainder after vt . not paid since 2005!!

merged a few old threads

 

well TBH its not far away from 6yrs when they wont be able to enforce it wihout returning to court

 

but what strikes me is the account would have been well statute barred by 2014

 

poss write to them and state these facts?

 

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 was thinking of writing along the lines of:

 

The account was placed in dispute in 2009/2010 as there was serious errors in the agreement and the account running.

Marlin/Bramble should not of sold the debt on when  a dispute has been raised.

 

We require you to remove the CCJ or we will go back to court and have it set aside as we have a strong defence

Link to post
Share on other sites

marlin are cabot, not been sold on

 

the debt was statute barred at the issuance of the claimform resulting in the default uncontested judgement because the claim was raised against an old address.

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

would need to return to court and get permission

forget the dispute, that's immaterial now

 

the bottom line is the debt was outside of the statute barred period when default judgement was attained.

 

if you have proof of last payment then they could quite easily remove the CCJ by consent FOC to you

 

write with a copy of that proof and tell them they have 14 days to remove the CCJ FOC or you'll seek financial compensation for the last almost 6yrs of damage this has done to his credit worthiness

 

do you have proof of last payment?

do you have proof you in formed either BCT or marlin in writing of his current address before they raised the court claim?

 

 

 

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

Glad you merged all the threads from earlier.

 

The last payment was 27/07/2005 and the CCJ was granted on 11/11/2014 so a clear 6 years.

 

I think by the looks of it they got the CCJ from the original address for the agreement and not the one they had been writing to us 

 

Link to post
Share on other sites

images/posts removed
.
please do not post jpg picture images directly to a post
.
read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only

.
that way only logged-in,registered and approved caggers are the only ones that can download and see them
.
else anyone can see them caggers or not.

 

………….

 

not that it really matters,

but have you in writing ever informed the old original creditors or any of the DCA's since of his present address from the address on the agreement

 

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

ok well ball is in your court.

on what you want to do.

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

  • 3 weeks later...

Sorry for not posting sooner, have had a serious family matter.

 

I have drafted a letter of complaint, if you can think of anything please let me know

 

With regards to the above account I would like to raise a formal complaint.

 

In September 2009 I wrote to you when you was under the name of Marlin and raised a formal complaint as there was serious errors in the way the account had been processed, and have had no response from you until your recent correspondence.

 

After checking my credit file I noticed that you have lodged a CCJ that I did not have a chance to defend.

 

With this in mind I request you remove this CCJ from my file, if you are unwilling to do this I will apply to set aside the CCJ and will send the cost over to your company.

 

 

I look forward to hearing from you.

Link to post
Share on other sites

post 116

 

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've just been through all the paperwork here and it seems that some payments were made to Marlin upto July 2009 until we asked for a CCA and lodged the complaint about the serious error in the paperwork, so that takes it within the 6 years.

 

Weirdly this statement was in our original paperwork but not in their last statements that came through

 

We moved house in 2012 and they hadn't written to us during that time.

 

Don't know how to play this now

Link to post
Share on other sites

who's statement lists these payments?

 

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...