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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • lookinforinfo
      UKPC/BW windscreen PCN PAPLOC now claimform - appeal+IPC both refused - 325 Greenford Rd, Greenford **Claim Discontinued**

      By lookinforinfo · Posted

      That is great news. Many people would have given up and paid after losing two appeals so well done for hanging in and fighting. It has paid off and they have finally backed down before getting whipped in Court. I looked at your NTD and your NTK again to see if there was a chance of going for a breach of your GDPR. Sadly although your NTK on its own could have well deserved a claim, the NTD is good enough not to warrant a claim even though it wasn;t compliant with PoFA. As it is the first Notice that mostly accounts for  GDPR breaches there is a reasonable cause for the NTD to have been issued. However you are now freed from worries about appearing in Court and you have learnt about the dangers of parking especially where the rogues that patrol private parking spaces are concerned. Thank you for making a donation and should you fall victim in the future to the parking rogues or anything else that we protect from, you are always welcome .
    • nomoremoney
      Parking Eye ANPR PCN Petrol Station PAPLOC now claimform - overstay - Welcome Break Leicester Forest East (North)

      By nomoremoney · Posted

      Hi guys I'm about to submit the defence as per below     There has been no reply to our CPR 31:14 request.  Is it worth adding that I (driver, not registered keeper) didn't actually enter or park in the car park and was sat at the petrol station forecourt the entire time?  Or is that covered by the simple points?   Thanks
    • dx100uk
      friends paying a DCA on a 118118 PDL loan subject to ID theft - Help!

      By dx100uk · Posted

      a DCA is not a bailiff and cant enforce anything, even if they've been to court who are they please? sar to the original creditor FIO isnt applicable they are not a public body. who was this query sent too all the more reason to teach her young upon how these powerless DCA's monsters  work... she must stop payments now  
    • London1971
      friends paying a DCA on a 118118 PDL loan subject to ID theft - Help!

      By London1971 · Posted

      Unsettling the applecart?,  I'm going to be direct here, I know how this works , I've been in far worse situation than your relative, and I can assure you , now that there i likely a default in her name, it makes absolutely ZERO difference if she pays or not. Denzel Washington in the Equalizer , 'My only regret is that I can't kill you twice'... It's the same with a default, they can only do it once and it stays on your credit file for 6 years if she pays or not, and as it stands right now she's flushing £180 of her hard earned money down the toilet  so that the chaps at Lowell can afford a Christmas party. As for the SAR this is everybody's legal right, originally under the Data Protection act 1998 and now under GDPR, it's her right to find out everything that the original Creditor has on her file, and by not doing it the only person she is doing a massive disservice to is her self. As the father of 2 young adults myself, they need to learn at some point.. right?
    • Margot the Snail
      friends paying a DCA on a 118118 PDL loan subject to ID theft - Help!

      By Margot the Snail · Posted

      Thank you for your pointers - much appreciated. dx100uk - Apologies, my request wasn't for super urgent advice and I have limited online access due to my long working hours and caring obligations - the delay in my response doesn't arise in any way from disrespect or ingratitude. I will speak to her at the weekend and see if she will open up a bit more about this, and allow me to submit the subject access request you advise - the original creditor is 118 118 loans and from the letter I saw (which prompted the conversation and the information) the debt collection agency had bought the debt from 118 and were threatening enforcement which is when she has made a payment arrangement with them for an amount of £180 per month. It looks as if she queried matters at the time (so I wonder if I might with the FIO request get access to their investigation file?) - the letter they wrote said "The information that you provided has been carefully considered and reviewed. After all relevant enquiries were made it has been confirmed that there is not enough evidence present to conclusively prove that this application was fraudulent.  However, we have removed the interest as a gesture of goodwill. As a result of the findings, you will be held liable for the capital amount on the loan on the basis of the information found during the investigation and you will be pursued for repayment of the loan agreement executed on 2.11.2022 in accordance with Consumer Credit Act 1974"  The amount at that time was over £3600 in arrears, as no payments had been made on it since inception and I think she only found out about it when a default notice came in paper form. I'm a little reluctant to advise her to just stop paying, and would like to be able to form a view in relation to her position and options before unsetting the applecart - do you think this is reasonable? She is young and inexperienced with these things and getting into this situation has brought about a lot of shame regarding inability to sort things out/stand up for herself, which is one of the reasons I have only found out about this considerably later Thank you once again for your advice - it is very much appreciated.    

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Seahorse v Cabot

Seahorse

By Seahorse
in Debt Collection Agencies

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andrew1

andrew1

Posted
Posted
WTF has MBNA got to do with my thread?

 

 

Well, that is a leading question Seahorse, but... you could say MBNA and Cabot know each other, you could also say Cabot and you know each other too and if MBNA have any sense and know you are in the Cabot Fan Club they will read your thread and learn something about being somewhat careful of what they do so they don't get the FAN CLUB treatment as their chums in the Towers have.

 

WTF Fantasy meant is another thing altogether though I'd imagine:D

 

Sarah :p

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FANTASY CHARGES

FANTASY CHARGES

Posted
Posted
Well, that is a leading question Seahorse, but... you could say MBNA and Cabot know each other, you could also say Cabot and you know each other too and if MBNA have any sense and know you are in the Cabot Fan Club they will read your thread and learn something about being somewhat careful of what they do so they don't get the FAN CLUB treatment as their chums in the Towers have.

 

WTF Fantasy meant is another thing altogether though I'd imagine:D

 

Sarah :p

 

wasn't this the thread you were asking a while ago why cabot opened in ireland ???

( cabot shadowed MBNA)[what is the name of that bird that picks a hippopotomuses teeth (scavenges)]

Cabot Financial pioneered the UK debt purchase market in its present form in 1998

so you can see they shadowed MBNA

 

we only monitor a mere 350 threads so likely to make the odd mistake by referring to mbna without mentioning cabot

:cool: sunbathing in juan les pins de temps en temps

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Vulture_Bank

Vulture_Bank

Posted
Posted

http://www.consumeractiongroup.co.uk/forum/cabot/128121-provisions-legal-assignment-debts.html

 

very very interesting

Tam Wing Chuen -v- Bank of Credit and Commerce Hong Kong Ltd [1996] 2 BCLC 69

 

1996

PC

Lord Mustill Commonwealth,

 

Lord Mustill discussed the need to construe a contract contra preferentem: "the basis of the contra proferentem principle is that the person who puts forward the wording of a proposed agreement may be assumed to have looked after his own interests, so that if words leave room for doubt about whether he is intended to have a particular benefit there is reason to suppose that he is not."

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Cabotkicker

Cabotkicker

Posted
Posted

I'm thinking of signing my next letter to them with Cabot Fan Club, rather than a squiggle; seems like much more fun!

 

But nowadays, I can't be bothered, I just let them send the same old template letters, on nice expensive headed paper, usually about twice a week! I think I'd feel bit lost without the regular drop on the doormat; they have become like an old friend in a way:D

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elizabeth1

elizabeth1

Posted
Posted
I'm thinking of signing my next letter to them with Cabot Fan Club, rather than a squiggle; seems like much more fun!

 

But nowadays, I can't be bothered, I just let them send the same old template letters, on nice expensive headed paper, usually about twice a week! I think I'd feel bit lost without the regular drop on the doormat; they have become like an old friend in a way:D

 

 

Nice to know they care isn't it? ha ha ha :D Nice to have friends in such places isn't it?

 

I must say our postman's bag is so much lighter thesedays ;)

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  • 3 weeks later...
Rhia

Rhia

Posted
Posted

Has anyone got a deed of assignment from Cabot - this is the actual sales agreement between the OC and Cabot and will be 30 odd pages long and not a letter of assignment which is one page.

CFC has discovered that some people have been sent an Irish version and we are trying to find out what this means. If you have one can you PM me or leave a message her with SeaHorse.

Big thanks.

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elizabeth1

elizabeth1

Posted
Posted
Has anyone got a deed of assignment from Cabot - this is the actual sales agreement between the OC and Cabot and will be 30 odd pages long and not a letter of assignment which is one page.

CFC has discovered that some people have been sent an Irish version and we are trying to find out what this means. If you have one can you PM me or leave a message her with SeaHorse.

Big thanks.

 

Just bumpig this thread to the top hoping readers can help Rhia with this.

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  • 1 month later...
andrew1

andrew1

Posted
Posted
Getting sentimental, my very first post was on this thread. I understood more from this thread than I did the entire posts in the then debt forum.

 

We have had our differences old dog, welcome back though.

 

Don't you go getting soft Aktiv - you have a reputation to keep :D

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Seahorse

Seahorse

Posted
  • Author
Posted

Well, I WAS going to refrain from making any more posts. But this is just too juicy NOT to share. Apologies if it's been covered elsewhere though.

 

Right. The CCA 2006. Retrospective or not? Well. Yes. And no.

 

NO need to worry that the repeal of section 127 of the CCA 1974 will impact anyone having signed an agreement prior to CCA 2006 coming into force. That is NOT retrospective. SO what IS retrospective? Why, little old Section 19. And THAT little nugget, dealing as it does with the new Unfairness Test, should have the DCA's, debt purchasers, and all their hangers on, quaking in their boots. Here's why. . .

 

“Section 19 of the Consumer Credit Act 2006 provides that a consumer credit agreement can be held to be “unfair” on the basis of

 

  1. its terms,
  2. the way a creditor has exercised or enforced his rights, or
  3. anything else done or not done by or on behalf of the creditor at any stage during the relationship.”

Note, that this means that even if you signed an agreement PRIOR to the 2006 act, you CAN challenge an agreement on the basis of it's fairness. UNLESS that agreement has already been settled. This also means that, should an unfair agreement be assigned, then you can challenge the NEW creditor.

 

Now. Your homework for today should be, "Is my agreement, or the way any of the owners of my account has behaved, unfair in any way?"

 

Discuss. :D

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pt2537

pt2537

Posted
Posted

Ah but the fairness test gives the judge a measure of discretion

 

section 127 (3) doesnt, so its a no brainer, if i were presented with an agreement with missing or misstated prescribed terms i would take the 127 route all day long

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Seahorse

Seahorse

Posted
  • Author
Posted

Absolutely, PT. But if your agreement pre 2006 IS enforcable? Well, you have another little weapon in your aromoury. You might not win completely, but as you say, the judge has discretion. And if you can prove unfairness, even in the way you have been treated, is the creditor likely to win completely either?

 

Take my case for instance. An example of unfairness might be, a lender is irresponsible in their lending criteria. Say, for instance, a credit card company has a mass pre-approved mailing campaign to all and sundry. That might be taken as an example of an unfair practice, as they really should have taken into consideration the debtor's ability to pay. Dipping into the electoral roll and banging off pre-approved application forms hardly constitutes due diligence either.

 

So, why is it such a gamble for a creditor who is faced with being challenged? Well, I was rather encouraged to read...

 

The court can order the creditor to repay money to the debtor, or to alter the terms of the agreement in a specified way. For creditors this is bad news and creditors should be careful to use debt collectors who are subject to supervision by a professional body.

 

and...

 

Debt purchasers should be aware of the implications of previous “unfair practices” by the sellers or debt collection agencies acting on their behalf. Further if the agreements purchased say one thing and the court orders that it be amended to something else, it makes debt purchase even more of a risk exercise than it already is. Debt purchasers should take these potential dangers into account when drafting the purchase agreement.

 

So if your agreement is enforcable, but perhaps isn't quite totally kosher, I'd say this section gives a little bit more hope. Especially if, like Cabot, they fancy chancing their arm in court anyway, even if all they have to support their case is a dodgy application form. The thought that they might have to end up with not only costs, but also REPAYING back money, should make them think twice, unless they are absolutely 100% convinced they can win.

 

Thank to Debt Mountain by the way for the little extract above. ;)

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  • 3 weeks later...
lufc

lufc

Posted
Posted
The Information Commissioners Office isn't much better, but at least they bother to email me.

 

 

 

 

well i come to this creditcard companys,debt collections agancys ,now very well what they are doing basicly dont give a t-ss for ico,oft as if them 2 arnt botherd theyget away with it lol

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SWIS

SWIS

Posted
Posted

I can't believe I have spent 3 hours wading through this thread. From a neutral standpoint I have to say this:

 

Reading the correspondence between seahorse and cabot you may once have had a case. Any right thinking judge will have seen you first admit owing the money and then trying to wriggle out of it using questionable tactics. For this reason I would place £50 on Cabot winning the case.

 

Sorry if this offends seahorse et al but sometimes one should stand back and review things with a neutral head on.

 

Good luck though... ;-)

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