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    • Thanks for letting us know about this. I'm afraid that this website is mainly bad news about companies so it's very refreshing and very decent for someone to come along and to give praise where praise is due. How about a link to their website?
    • Having a little additional think about this, I think that your interests are best protected in the following way: You inform the seller that you are obtaining the quotes which I have referred to above. Having received the quotes, you then inform them that you are proposing to have the work carried out at XXX garage and that you will expect that the seller will reimburse you for the costs and associated expenses. You can tell them though that you understand that they may want to control the work being done to the car and so you are willing to allow them to do it but as the fault has manifested itself at this point and that it is clear that the problem is their responsibility, if they wish to carry the work out themselves then they will have to organise the collection vehicle and the delivery of it to you once the work is completed. Of course this will be very expensive for them and they will either fail to respond or they will refuse. Whatever their reaction, you would then go on to say that as they have failed to respond/declined the invitation to carry out the repairs themselves, that you are now going to your preferred garage – one of the two quotations which you have supplied – and you will have the vehicle repaired there. You are giving them an opportunity to comment. I think that if you use this approach, then you will be able to demonstrate very clearly that they had a choice and therefore they will be unable to disassociate themselves from the repairs which are eventually carried out at your chosen repairer. Even though this exchange of correspondence may mean that it will take a week or so longer to have your repairs carried out, I think you should do this in order to protect yourself in the best way possible
    • Please name the dealer   I would start off by sending them a letter of rejection seeing as you are within the 30 days. This doesn't mean that you have to reject it but it reserves your position. Secondly, on the basis of what you say, I don't think that you need necessary to find the cheapest place. You should be looking at the best quality that you can find. I think the best thing to do would be to get to competing quotations for the work you propose to have carried out – and not necessarily at the cheapest place, but a couple of proper reputable garages – authorised for that kind of vehicle. Inform the dealer as to what you are doing and providing with copies of the estimates for the work before you put it in hand. Give them five days to object or to make other comments. Make it clear to them that once the work is carried out that you will be looking to them to reimburse you. Of course you are opening a can of worms here because if you get some further problems – more serious – you may find that the dealer is starting to say that because you have carried out your own work so your own repairer on the car, they cannot now say that any defects were inherent in the purchase – and that they may have been introduced by 1/3 party repairer. I'm afraid that you have certainly fallen into a trap of buying a car a long distance away from where you live. We find that people often tend to do that because they think the car they have found is the only one in the world for them. They forget to factor in the difficulties that they will be if there are defects – particularly if the car stopped altogether – the cost of transportation to the dealer, the cost of having to travel up and down the country to collect the car – and of course these difficulties could emerge several times through the initial years of your ownership of the vehicle if you are relying on your statutory rights and expect the dealer to meet those obligations. Furthermore, if you have to bring a court action against them you are now dealing with multijurisdictional claims – suing out of Scotland against the defendant in England and that adds to the complications. It's too late for you to do anything about this – unless you actually decide to reject the vehicle – but at the very least, other people who come across this thread may get some benefit from these comments. I think it's important for you to get the best quality repair you can and to make sure that the dealer is aware of what you are doing so that if later on they try to deny responsibility for further defects, that you will be able to show that they were fully appraised of what you are doing and they will have less room to manoeuvre themselves out of their statutory obligations. I'm afraid that purchasing a car from one dealer and then having it repaired by another service provider, brings into the same kinds of difficulties that somebody who purchases a central heating boiler from one supplier and then has it installed by a different supplier find themselves in. When things go wrong, the seller blames the installer. The installer blames the seller – and you, the customer, are piggy in the middle. Not a good place to be. I notice that you are doing things on the telephone. Big Fail! Read our customer services guide. In your situation you should be extremely careful to make sure that you have got a record of everything and a full paper trail
    • What information do DVLA need for a provisional licence ?   Think the ID issue needs to be looked at a bit more. Surely you have birth certificate, school information, Doctors records. School and Doctors should provide a letter to help with ID.                
    • Amex as with any creditor must help you the FOS should go with you and make them remove all interest charged from the very 1st time of asking for help. the FCA regulations actually almost dictate it, they most certainly clearly state that if the are FCA registered they must help.   it's very telling they have no marked your credit file....almost as if they know they are wrong. it's also telling that an irresponsible lending complaint might well be in order hear too, they can just keep upping the credit limit without checking you can pay. and ofcourse covid plays its part here and they've already admitted as they allowed payments holidays until october in line with the rest of the industry and they should be continuing that. you problem is you keep using the phone, no paperwork no record of things discussed. i'd get an SAR off to them. and get the comms/account log and all the statements from day one and go nail them.
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      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
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Cabot/Mortimer Claimform - JD Williams Jacamo CAT debt


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Hi, 

I guess the DCAs have come out of hibernation as my friend has had a Claim Form today. 

Honestly I feel like I have addressed this one but she can't find the folder box I gave her to keep all this nonsense in, but then the claim form has no information you could realistically use to find out what its from anyway

 

JD has a few names under their umbrella and she has had accounts with most of them over the years, some repeatedly as they keep lending to someone with no income. Its ok at the start when its only a little bit but they rapidly put it up and up until she owes in the high hundreds/low thousands instead of the £150 she is initially given, she always intends to keep it in good standing but there is a massive difference between paying £20 a month and over £100 and the usual poor grammar that should be an embarrassment to any normal legal firm, but I suppose these people have no shame.  

I assume its the same respond for more time and send off a CPR and CCA?
 

Name of the Claimant ?  Cabot Financial

Date of issue – 22/02/2021
 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

1.By an Agreement between JD Williams Ltd RE Jacamo & the defendant dated XX ('the agreement') JD Williams Ltd RE Jacamo agreed to issue the Defendant with a credit account. 

 

2.The Defendant failed to make the minimum payments due. 

 

3.The Agreement was terminated following the service of a default notice. 

 

4.The agreement was assigned to the Claimant. 

 

THE CLAIMANT THEREFOR CLAIMS

1.8XX.XX

2. costs

 

What is the total value of the claim? £8XX.XX 
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?  No
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes
 

Did you inform the claimant of your change of address? No

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue
 

When did you enter into the original agreement before or after April 2007 ? After
 

Do you recall how you entered into the agreement...On line /In branch/By post ? Online
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  Yes
 

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
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Possibly, she was(and is) very poor at keeping and responding to correspondence.  
 

Did you receive a Default Notice from the original creditor? Possibly, she was(and is) very poor at keeping and responding to correspondence.
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Possibly, she was(and is) very poor at keeping and responding to correspondence.
 

Why did you cease payments? More than she could afford.  
 

What was the date of your last payment? No Idea as we do not not which account it is for.  
 

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? Possibly but can't say for sure.  


 

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  • dx100uk changed the title to Cabot/Mortimer Claimform - JD Williams Jacamo CAT debt

no dates in that poc at all?

jacamo is their Male clothing catalogue or was...

what is the last payment date and the defaulted date from her credit file please

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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  • 2 weeks later...

Hi, 

Sorry about the late reply its been very busy.  CCA and CPR are being typed up now ready to go out tomorrow.  

I had her look at her credit file and she thinks she has found the correct one for Cabot with a date that matches the one on the claim but it has her current address not the one she was living in at that date.  No information on last payment or defaulted date.  Also, no account number on Cabots claim form either.  

Honestly she has had multiple accounts with JD Williams various outlets over the last 20 years, at least 3 with Jacamo who keep lending to her despite her having no income.  She is trying to get herself out of that debt cycle, but she is disabled and easily led by others to do silly things.  

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CCA/CPR should have gone off 2 weeks ago!!

 

 

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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Defence is due Friday 26th March 4.00pm

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  • 2 weeks later...

1.By an Agreement between JD Williams Ltd RE Jacamo & the defendant dated XX ('the agreement') JD Williams Ltd RE Jacamo agreed to issue the Defendant with a credit account. 

 

2.The Defendant failed to make the minimum payments due. 

 

3.The Agreement was terminated following the service of a default notice. 

 

4.The agreement was assigned to the Claimant. 

 

THE CLAIMANT THEREFOR CLAIMS

1.8XX.XX

2. costs

 

 

1. The Defendant contends that the particulars of claim are vague and generic in nature and make no mention of any account numbers with which to verify the claim nor has any supporting evidence been supplied. 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. The Claimants statement is noted.  The defendant has in the past had financial dealings with JD Williams. The Defendant does not recall the precise details or agreement.  

3.  The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol).  They have 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.

 

4. The Claimants statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served on **/**/**** from either the Claimant or JD Williams.

 

5. It is therefore denied with regards to the Defendant owing any monies to the Claimant and 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

(c) 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. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 request, copies of the documents referred to within the Claimants particulars to establish what the claim is for. 

 

6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. 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 82 A of the consumer credit Act 1974.

 

8. 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.

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i wouldn't be tampering with what we put as in your para 1

put it back the way it should be and add the extra to your para 2

 

your para 3 should be 2nd inline.

 

you have failed to address their para 3

 

 

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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17 hours ago, dx100uk said:

i wouldn't be tampering with what we put as in your para 1

Sorry, I am a little confused by that.  I don't think I have tampered with what you guys edited to be Para 1?  

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Just requires a few tweaks....I would go with something along the following lines...

 

1.By an Agreement between JD Williams Ltd RE Jacamo & the defendant dated XX ('the agreement') JD Williams Ltd RE Jacamo agreed to issue the Defendant with a credit account. 

 

2.The Defendant failed to make the minimum payments due. 

 

3.The Agreement was terminated following the service of a default notice. 

 

4.The agreement was assigned to the Claimant. 

 

THE CLAIMANT THEREFOR CLAIMS

1.8XX.XX

2. costs

 

 

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.  The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol).  They have 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.

 

3. The Claimants pleadings are noted.  The defendant has in the past had financial dealings with JD Williams. The Defendant does not recall the precise details or agreement nor the claimant having failed to state any alleged account number. 

 

4. The claimants pleadings regarding failure of payments and termination are noted although irrelevant without a corresponding agreement number in connection to the alleged debt.
 

5. The Claimants pleadings regarding the assignment of the debt is denied. I am unaware of any legal assignment or Notice of Assignment  pursuant to section 136 of the Law of Property Act 1925 allegedly served on **/**/**** from either the Claimant or JD Williams.

 

6. It is therefore denied with regards to the Defendant owing any monies to the Claimant and 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

(c) 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. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 request pursuant to the CCA1974.The claimant as of this date is yet to comply and is therefore prevented from enforcing any alleged agreement. 

 

6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. 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 82 A of the consumer credit Act 1974.

 

8. 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.

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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 The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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