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


  • Tweets

  • Posts

    • tobyjugg2
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By tobyjugg2 · Posted

      So, Sunak has managed to get someone to 'volunteer to go to Rwanda hasn't he? .. for just £3000 payment to the person plus 5 years free board and lodging isnt it? - cost to UK taxpayer over £300M+ (300 million quid+) isnt it? - Bargain says Rwanda, especially with all the profit we made privately selling those luxury chalets Bravermann advertised for us   I wonder how many brits would jump at that offer? Thousands? Hundreds of thousands? Lets see, up to 5 years free board and lodging and £3k in my pocket .. I'd go - and like that person - just come back if/when I get bored. First job - off to Botswana for a week to see the elephants.   Of course the paid volunteers going to Botswana are meaningless - Rwanda have REPEATEDLY said they wont take any forcibly trafficked people in breach of international law eh? Have they actually got any civil servants to agree to go yet - probably end up as more massive payments to VIPal contractors to go and sit there doing nowt shortly eh?    
    • Restart
      Letter before Action - Negotiation not going well

      By Restart · Posted

      Hi Wondered if I could get a little advise please. I entered into a commercial lease (3 years) and within a few months I had to leave as the business I was trading with collapsed. I returned the keys to the landlord and explained the situation and no money, also likely to go on benefits but the landlord stuck to their guns. They have now instructed solicitors to send letter before action claiming just over £4000. The lease was mine and so the debt. I know this. I have emailed the solicitors twice to explain I am out of work and that with help from family I could offer a full and final settlement figure of £1500 or £10pw. This was countered by them with an offer to reduce the debt by £400, or pay off the amount over 12 months. I went back with an improved full and final offer of £2500 or £20pw. This has been rejected with the comment 'papers ready to go to court'. I have no hope of paying the £4000 and so it will have to go to court. Pity as I have no debts otherwise but not working is a killer. I wondered if they take me to court, could I ask for mediation? I also think that taking me to court will result in a pretty much nothing per week payment from my benefits. Are companies just pushing ahead with action even if a better offer is on the table? Thanks for your help.
    • Hikertrash
      MET CCTV PNC - Starbucks closed- Southgate Park, Stansted CM24 1PY

      By Hikertrash · Posted

      Hi all, Many thanks for the advice! Unfortunately, the reply to the email was as expected…   Starbucks UK Customer Care <[email protected]> Hi xxxxxx, We are sorry to read you received a parking charge after using our Stansted Airport - A120 DT store. Unfortunately, the car park here is managed by MET parking. Both Starbucks and EuroGarages who own and operate this site are not able to help and have no authority to overturn any parking charges received. If you have followed the below terms then you would need to send all correspondence to [email protected], who will be able to assist you further. Several signs around the car park clarify the below terms and conditions: • Maximum stay 60 minutes, whilst the store is open. If the store is closed, pay to park applies. • The car park is for Starbucks customers only who make a purchase in our store, a charge will be issued if you left the site. • If you had made a purchase and required additional time, you must have inputted your registration number into the in store iPad which would have extended your stay up to 3 hours • To park in a disabled bay, you must have displayed a valid disabled badge. • If Starbucks was closed, you must have paid for parking as charges still apply, following signage located on site. • If you didn’t use the store, you must have paid for parking, following signage located on site Please ensure all further correspondence is directed to MET parking at the above email address, and accept our apologies that we cannot help you further on this matter.  Kind Regards,  Lora K  Customer Care Team Leader Starbucks Coffee Company, Building 4 Chiswick Park, London, W4 5YE
    • Mdg123
      Private parking charge from Euro Car Parks now with Debt Recovery Plus

      By Mdg123 · Posted

      Thanks HB edited and re-uploaded. Thanks for the heads up 👍
    • bruv1
      Trying to find contact details for prime credit 5 S.a.r.l

      By bruv1 · Posted

      Am in the middle of selling my house but it's been held up as still showing a change on the property from welcome finance, have not had any contact from them for years or prime credit and need this sorting asap

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Kings Hill - advice please!

psykix

By psykix
in Debt Collection Agencies

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5843 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

psykix

psykix

Posted
  • Author
Posted

Well, well... the solicitors I rang last week just phoned.. Told them all the details, and they said hang fire on the N244. They are speaking to someone else in their firm with more knowledge of this kind of thing and will get back to me...

 

So watch this space.. and you Carboot, I'm gunning for ya...

Link to post
Share on other sites
  • Replies 184
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

elizabeth1

elizabeth1

Posted
Posted
Well, well... the solicitors I rang last week just phoned.. Told them all the details, and they said hang fire on the N244. They are speaking to someone else in their firm with more knowledge of this kind of thing and will get back to me...

 

So watch this space.. and you Carboot, I'm gunning for ya...

 

 

Sure sounds as though things will shape up!!! :-D

Link to post
Share on other sites
psykix

psykix

Posted
  • Author
Posted

What's the best way of making complaints to OFT and FOS?

 

I'm going to lodge one about Cabot/Kings Hill etc.

 

They cashed my cheque in relation to my SAR, but I have not had any acknowledgment of receipt of my request.

 

The solicitor I spoke to got back to me and indicated that to apply for the CCJ to be set aside, I would incur the claimants costs, regardless if I am successful or not.

 

I'm going for it anyway.. gonna cost me upwards of 1k, but as I explained to the solicitor, this isn't just about me, it's about everyone else that Cabot try to ride roughshod over.

 

What do people think of this course of action...

 

1) await reply to my SAR

2) claim back any unlawful charges thus reducing the amount they think they may be entitled to.

3) Bang in my N244 to get the judgment set aside..

 

Not sure where I stand with the CCA request? I sent them it before I SAR'ed them, but have heard nothing. What's the situation if they have a CCJ? Are they still obliged to provide?

Link to post
Share on other sites
Pliny the Penuriosus

Pliny the Penuriosus

Posted
Posted

Claimants costs? Not if it's set aside or they appose your set aside & win

 

Yes they are still obliged to comply with your CCA

READ THIS:

http://www.mirror.co.uk/news/topstories/tm_headline=stalked-by-my-bank%26method=full%26objectid=19168032%26siteid=89520-name_page.html

 

Nunquam Iterum

Link to post
Share on other sites
tbern123

tbern123

Posted
Posted
I'm told by the solicitor, that no matter the outcome of the hearing to set aside the CCJ, I have to pay both sets of costs...

 

Can someone confirm or deny this?

 

 

Not sure on this one, I wouldn't have thought so.. But it wouldn't surprise me

Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

Link to post
Share on other sites
InKogneeToh

InKogneeToh

Posted
Posted

Hi

 

I'm not really sure I understand which costs you are referring to.

 

When the CCJ was applied for and granted, the creditor's costs of that claim were added to the amount you have to pay under the CCJ. If you are then successful in getting the CCJ set aside the court may set a hearing to have the case heard again, and 'might' order you to pay the creditor's costs of their original CCJ application because you did not respond to it at the time. But I do not see why you would have to pay the creditor's costs of the set-aside hearing itself if you were successful. It's normally the losing party that pays costs, unless the court orders any costs against the winning party - e.g. for unreasonable behaviour or failure to comply with the CPR.

 

In any case, costs in small claims are normally limited to travel expenses and missed wages for the winning party and any witnesses, plus court fees. Some extra costs are allowable for certain types of claim, e.g. injunction, where a solicitor's assistance is necessary.

 

For a better understanding read the CPR, particularly Parts 27 and 45, but all of the information here is IMO essential reading for any would-be claimant.

 

CPR - Parts and Practice Directions

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

Link to post
Share on other sites
InKogneeToh

InKogneeToh

Posted
Posted
Its also worth a mention that even a winning side on finding there are grounds for a set aside should themselves initiate the action.

 

Hi JonCris

 

That's interesting! Are you saying that they have some sort of a 'duty' in such circumstances, and if so, can you explain what this is based on?

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

Link to post
Share on other sites
JonCris

JonCris

Posted
Posted

Here you go Pam

 

CLAIMANT'S DUTY TO APPLY TO SET ASIDE JUDGMENT

 

13.5

(1)

This rule applies where --

(a)

the claimant has purported to serve particulars of claim; and

(b)

the claimant has entered judgment under Part 12 against the defendant to whom the particulars of claim were sent.

 

 

(2)

If a claimant who has entered judgment subsequently has good reason to believe that the particulars of claim did not reach the defendant before the claimant entered judgment, he must --

(a)

file a request for the judgment to be set aside; or

(b)

apply to the court for directions.

 

 

(3)

The claimant may take no further step in the proceedings for the enforcement of the judgment until the judgment has been set aside or the court has disposed of the application for directions.

 

Part 12 is a judgement by default.

 

If the defendant didn't receive the original N1 & was unware of the proceedings or judgement until after it was obtained then this applies

Link to post
Share on other sites
psykix

psykix

Posted
  • Author
Posted

I realise that I won't get back the original CCJ costs that were claimed. However, I didn't see why if it was set aside, I should have to pay both sets of costs for the hearing.

 

The above few posts have baffled me. Can you explain in layman's terms what you mean JonCris?

 

Thanks!

Link to post
Share on other sites
psykix

psykix

Posted
  • Author
Posted

If I am reading this correctly, then if I write to Cabot stating that they were wrong to issue a CCJ against me, and the subsequent charging order, when they have not provided a copy of any CCA's and I believe that the debts are statute barred, then they have a duty to apply for a set aside?

 

Thanks!

Link to post
Share on other sites
InKogneeToh

InKogneeToh

Posted
Posted

Hi

 

Can you have a look at your original summons for the CCJ and check if the 'Particulars of Claim' where included in the N1 claim form or attached or sent later, i.e. - did you receive a 'Particulars of Claim'?

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

Link to post
Share on other sites
InKogneeToh

InKogneeToh

Posted
Posted
Here you go Pam

 

CLAIMANT'S DUTY TO APPLY TO SET ASIDE JUDGMENT

 

13.5

(1)

This rule applies where --

(a)

the claimant has purported to serve particulars of claim; and

(b)

the claimant has entered judgment under Part 12 against the defendant to whom the particulars of claim were sent.

 

 

(2)

If a claimant who has entered judgment subsequently has good reason to believe that the particulars of claim did not reach the defendant before the claimant entered judgment, he must --

(a)

file a request for the judgment to be set aside; or

(b)

apply to the court for directions.

 

 

(3)

The claimant may take no further step in the proceedings for the enforcement of the judgment until the judgment has been set aside or the court has disposed of the application for directions.

 

Part 12 is a judgement by default.

 

If the defendant didn't receive the original N1 & was unware of the proceedings or judgement until after it was obtained then this applies

 

Hi

 

Thanks for that - a useful bit of info. for future reference! :)

 

In this case though, the N1 was definitely received so it all depends on whether the POC was included, or sent later.

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

Link to post
Share on other sites
psykix

psykix

Posted
  • Author
Posted

Oh, I see now!

 

Yes, there was one attached. Just says The claimant's claim is in the sum of xxxx in respect of the balance due to the Claimant for the Defendants use of :

 

and then lists some outrageous amounts fo rthe balances! i.e. extra charges have been added somewhere along the line.. Which shall all become clear upon receipt of my SAR's hopefully!

Link to post
Share on other sites
InKogneeToh

InKogneeToh

Posted
Posted
If I am reading this correctly, then if I write to Cabot stating that they were wrong to issue a CCJ against me, and the subsequent charging order, when they have not provided a copy of any CCA's and I believe that the debts are statute barred, then they have a duty to apply for a set aside?

 

Thanks!

 

Hi

 

No, what the section means is that if the claimant (the creditor) has reason to believe that you did not receive the Particulars of Claim (not the N1 form itself) before default judgement was entered against you, they are required to apply to the court for the judgement to be set aside and for further directions on the matter. See my last post regarding this.

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

Link to post
Share on other sites
InKogneeToh

InKogneeToh

Posted
Posted

Ok - well in that case they are not obliged to do the above! :(

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

Link to post
Share on other sites
psykix

psykix

Posted
  • Author
Posted

Interestingly... Let me type the details from the 2nd page of the POC...

 

2. The Claimant aquired the debt by purchase from :

 

then the 3 cards listed, along with Credit Facility Supplier and their names.

 

3. Notice of the acquisition of the said debts was given to the defendant in writing shortly after the respective dates.

 

NO THEY WERE NOT.

 

4. At all material times Cabot Financial (Europe) Limited administer accounts on behalf of the Claimant, the CLaimant being part of the Cabot Group of Companies.

 

5. Despite requests for payment the Defendant has failed to pay the sums due and owing.

 

Then goes on to claim the original amount, plus interest as the court sees fit, plus costs.

Link to post
Share on other sites
psykix

psykix

Posted
  • Author
Posted

An update!!

 

In response to my CCA request, I have received the following reply from Cabot (they refer to an email I sent to their CEO, but I also sent hard copy recorded delivery) :-

 

Thank you for your recent e-mail correspondence dated 30th March 2007 addressed to our Chief Executive Officer, which has been passed to my attention for a response.

 

I regret that you again felt the need to write to Cabot Financial (Europe) Limited ("Cabot") in relation to this matter.

 

Cabot has noted the contents of your emails; however, Cabot on behalf of the Cabot Financial Group of COmpanies does not accept your interpretation in this matter. As you are aware, the case is currently proceeding through the usual litigation process. The matters which you have raised should be considered by the court within the existing case.

 

Accordingly, Cabot has no proposals to put forward to you in relation to this matter.

 

I trust this sets out our position in this matter.

 

Now, I'm reading this to say that as it has been dealt with by the court, then they seem to think they are not obliged to send me the CCA's as I have requested....?????

 

What a set of plonkers they are...

 

So, next move? Sit tight?

Link to post
Share on other sites
Rhia

Rhia

Posted
Posted

Apparently they really don't have to produce a copy of the CCA although they should do so to prove they are trying to co-operate. Also you can issue a notice of default under the CCA and then issue summons for failing to provide it.

Personally I also push the SAR both them and the original lender And if they don't comply report them to ICo and take them to court for non disclosure.

Hiding behind the court and claiming it's sub judice (pathetic).

PS Apologies if you've already done SAR

Link to post
Share on other sites
psykix

psykix

Posted
  • Author
Posted

Yeah, they - along with the 3 original creditors - have already been SAR'ed. Cabot have cashed my cheque... Nothing yet though...

 

My next move once I get those back is to claim back any unlawful charges thus lowering the balances. Then I'll instruct my solicitor to submit an N244.

 

How do I get access to the secret elite Cabot bit by the way?

Link to post
Share on other sites
psykix

psykix

Posted
  • Author
Posted

Just because this has gone to court, and they have a CCJ and charging order against me, why does this absolve them from their requirement by law to provide me with my requested CCA's?

 

I understand it will have little effect on the CCJ, but it is still their legal obligation surely??

 

I want to be able to make a complaint when they fail to comply.

Link to post
Share on other sites
tbern123

tbern123

Posted
Posted
An update!!

 

In response to my CCA request, I have received the following reply from Cabot (they refer to an email I sent to their CEO, but I also sent hard copy recorded delivery) :-

 

Thank you for your recent e-mail correspondence dated 30th March 2007 addressed to our Chief Executive Officer, which has been passed to my attention for a response.

 

I regret that you again felt the need to write to Cabot Financial (Europe) Limited ("Cabot") in relation to this matter.

 

Cabot has noted the contents of your emails; however, Cabot on behalf of the Cabot Financial Group of COmpanies does not accept your interpretation in this matter. As you are aware, the case is currently proceeding through the usual litigation process. The matters which you have raised should be considered by the court within the existing case.

 

Accordingly, Cabot has no proposals to put forward to you in relation to this matter.

 

I trust this sets out our position in this matter.

 

Now, I'm reading this to say that as it has been dealt with by the court, then they seem to think they are not obliged to send me the CCA's as I have requested....?????

 

What a set of plonkers they are...

 

So, next move? Sit tight?

 

That letter sounds very familiar

 

cab10apr.jpg

Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

Link to post
Share on other sites
psykix

psykix

Posted
  • Author
Posted

Yeah, but I wasn't elite enough to get one from WW!!!

 

Mine was from a certain Andrew Macreavy - Litigation Co-ordinator!

 

Tbern123, any advice re: the above? Are they still obliged to provide the CCA's?

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...