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    • 25/05/2024? That the deadline or the date of the claimform?
    • Banks have different limits above which they require Probate. So it may be Probate is not needed, although as he died with no Will that could complicate things. Is all the £28k with Virgin Money? Your wife should contact all banks who hold his money with the death certificate and ask them what they need to release the funds to her. Most banks have a central "bereavement department". Check their websites. Use that department rather than general call centre or bank branch if they have one. Nearly every bank website has a section on "what to do when a customer dies" so have a search for that. Your wife may also have to provide evidence that she is his daughter. When his wife died it sounds like they had a joint bank account so that's why her money just went across to him. But as it isn't a joint account now transfer to your wife won't be quite that simple.  
    • That explains it then. MET's fantasy is that it's a pay car park.  You're only let off paying if you are a Starbucks customer which you can't be when Starbucks is closed.  'Cos otherwise lots of people would abuse the car park facilities on the far edge of the Stansted Airport area in the middle of nowhere to ... admire the bushes?  Look at the cloudy sky? The important thing is that we have around 140 cases for this site, and MET have only tried court seven times.  Even then, they had no intention of getting as far as a hearing, they were attempting to intimidate the motorists into paying, when the Caggers defended the cases MET discontinued.
    • She's an only child and he as a brother and sister. He has no will and we have done a check on this to find out if he had left one and nothing has come up. He has savings of around 28k His sister and brother are well off so 28k is nothing to them and aren't interested in his money. This just leaves my wife/his daughter. Would this still need to go to probate there is no estate e.g house or business to sell and the amount left in his bank is just small? When his wife died they just closed her bank account and moved her money across to his account and we just assumed that once my wife has handed in the death certificate and shown evidence of who she is the same would apply to her? We don't know yet the council have only just written to us today with a guide of what to do next.  
    • Did your FiL leave a Will and if so who is the Executor? Strictly speaking banks could refuse to take instructions until Probate is granted but In practice I would expect the bank to take instructions to cancel the DD if the Executor presents the death certificate and a certified copy of the Will
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Kings Hill - advice please!


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Hello again! Baby is doing ok, but is in special care unit. Mum is not great as she had a botched epidural, but finally seems to be getting a little better today.

 

Anyway... Capquest have replied to my CCA request with a supposed Statement of Account?!

 

So, what to do now? It's not 12+30 since I requested it. They have very kindly said my account is on hold until May 7th, but then they will pass it on to their collection department if they don't hear from me.

 

So, next plan of action? Sit tight until 12+30 or reply to them?

 

Thanks!

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How interesting....

 

Having checked my CRA report on Experian this evening, the 3 defaults that Kings Hill (No.1) Ltd had against me have suddenly changed name to Cabot Financial (UK) Ltd.

 

An enquiry was made on me in August 06, by Cabot Financial (Europe) Ltd..

 

I'm not sure what's going on here...

 

Can anyone give me a pointer to the post I made above this one? Thanks!

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Contact Experian and clearly tell them that Cabot Financial (Europe) Ltd do not have your permission to search your credit file.

 

Email KM & WW and ask them, why they have searched your credit file and under what authority have them done this.

 

Report them to the Information Commissioners Office

 

Even if (UK) own the debt, (Europe) only have the authority to do 2 things. Sweet FA... not talking Fanny Adams either :cool:

 

They searched my file without my permission, this was later removed from my credit file, after I made sure Experian were fully aware of the implications of them allowing (Europe) to access my personal data.

 

This will form part of my next claim.

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

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Do the ICO have an email address?

 

I'm getting tired with Cabot - I have too much going on at the moment to be bothered with them, but after my charging order, they have now sent me a letter as follows:-

 

Please contact me on the above telephone number with regard to the above account. As you are aware we have obtained a County Court Judgment and Charging Order over your property. Due to non-payments, your account has been brought to my attention for further review. We are now considering additional Enforcement action. I would like to give you this opportunity to discuss payment arrangements before further litigation proceedings commence.

 

Failure to respond to this letter by 11th May 2007 will result on our solicitors being contacted immediately to consider additional recovery action.

 

Now.. I CCA'ed them - they have ignore it. I have sent them a SAR - nothing yet.

 

I also have an N244 ready to go, but was waiting on the SAR first. Methinks I best get that banged in?

 

What do people reckon?

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I'd be inclined to go as they will drag out the SAR. Keep strictly to the 40 day rule and if they don't comply file an N1 for disclousure. Report to ICO but they are busy but do it anyway.

These people are the pits they really are.

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Ok, I'm really baffled now...

 

The CCJ and charging order were done in the name of Kings Hill (No.1) Ltd.

 

The defaults on my file have subsequently changed to show Cabot Financial (UK) Ltd.

 

The letter I have just received that I typed above has come from Cabot Financial (Europe) Ltd, and is signed by Steven Bridger, Litigation Department, Cabot Financial (Europe) Ltd.

 

What the hell are they playing at?

 

And are Cabot Financial (Europe) entitled to know this info about me???

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This is exactly what they do. It is all intended to do just what it has done to you..confuse. Make sure the Information Commissioner knows all about this.

Kings Hill No 1 is a dormant company on 15th of Jan it swapped places with Cabot (UK) Ltd which was dormant. They then claim that Cabot Financial (Europe) Ltd services these accounts. Go for them fast and hard as you like and as long as you are sure of your facts don't let up.

PM any of the Caboteers Sea Horse, Tbern, Debt Mountain, Elizabeth1, myself if you need any off board advice.

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It's signed by me, and has an approved stamp, within that stamp it is signed by someone else.

 

No terms and conditions - it has minimal info on it to be honest - just my name, address, prev address and dob.

 

Dunno who filled the form in, but it wasn't me - although looks like I signed it.

 

So do I reply saying they have not sent me a true copy of my CCA? Or do nothing?

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Hi

 

If the document they have sent you is an application form, and does NOT contain all of the prescribed terms, then I suggest sending them something like this:

 

Thank you for the information you sent following my request under the CCA 1974.

 

However, I made a request to you on .... for a copy of the executed agreement applicable to the alleged debt. Under the CCA s77/78, you are obliged to send me a true copy of the actual credit agreement but have only sent me a copy of the initial application form.

 

A regulated credit agreement contains all of the prescribed terms, other required information and statements of my statutory rights.

 

I would therefore be obliged if you would send me a copy of that document as soon as possible.

 

Yours etc

 

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.

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  • 2 weeks later...

So.. Cabot have finally replied to my SAR request...

 

Bit odd - most, if not all of the copy letters have written at the top "representation of letter sent on..." and none of the fields are filled in, and they are all dated in April 2007... They include letters purportedly from Hodson's too, but I didn't SAR Hodsons.

 

I can't really make head nor tail of the rest of the stuff they have sent, but they seem to indicate that the alleged debts were not statute barred.

 

They also have copy letter of mine where I was asking them to come to a payment arrangement before they obtained the CCJ against me (the letter that they ignored).

 

Think I'll just bang in the N244 and apply for the set aside anyway...

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One other thing.. the SAR seems to indicate that they have added penalty interest (PENINT) of large amounts.. £600+ on a debt of circa £1500... I'm presuming that's what it is anyway!

 

Are they allowed to do this?

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Sorry, yet another thing... Cabot (UK) Ltd have defaults registered against me, and yet in my SAR request, there is not one single letter referring to a default or any sign of a default notice...

 

Any comments?

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  • 3 months later...

Not Cabot related - but an interesting letter all the same.... From Capquest Debt Recovery..

 

Bear in mind, they have been S.A.R - (Subject Access Request)'ed and CCA'd. No agreement has ever been forthcoming.....

 

Betcha laugh at this one!!

 

 

 

 

Dear Mr Psykix,

 

Debt purchased from American Express

Balance Due : xxxxxx

 

This communication is to inform you that we believe your account is nearing the time where the Limitation Act 1980 may apply.

 

This act limits the time which a creditor can pursue a debtor for outstanding debts. In the case of England and Wales this time limit is six years. The time limit begins when you last admitted owing the money or made a payment. The provisions of this Act are legally binding and we would be obliged to cease all collection activity if you request us to do so at the time that your account could be deemed statute barred.

 

As you will be aware your account was purchased by CapQuest Investments Limited from American Express meaning the legal owner of your account is now CapQuest Investments Limited. As their agent, we have over a period of time tried to resolve the matter of repayment without the need for legal action and the extra costs that you may then incur. However we are now left with only one option.

 

In the interests of our client, due to the time implications with your account, we are now instructed to issue legal proceedings against you to stop your account becoming statute barred. You will then not be able to rely on the Limitations Act to dispute the debt. In layman's terms the clock is started again, enabling us to continue with our collection activity. In the event that the court grants a County Court Judgment against you, this will be registered on the Register of County Court Judgments for a period of another 6 years. If you have a judgment registered against you, you may find it difficult to get credit in the future.

 

We hereby give you notice that if we do not receive your proposal to settle this account by 06 Sep 07, we will begin the process of litigation. We will continue to monitor and action your account until a satisfactory conclusion has been reached, regardless of the timescales involved.

 

This is a commercial decision which we have to take due to your failure to reach an agreement with us.

 

As one last conciliatory gesture, we are offering you the opportunity to clear this account once and for all by paying a settlement of xxxxx. This is subject to you accepting the offer by 06 Sep 07. This settlement can be over a time period that can be negotiated around your current circumstances. Alternative proposals will also be considered.

 

How to pay blah blah

 

Collections Department

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That letter could come in very useful for debts that are already statute barred. The first 2 paragraphs can be copied and issued to any DCA who demands payments, with a little stinging comment of, if you do do not understand the law please feel free to read the attached and contact your friends Capquest who will clarify further.

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Basically, they are talking bullsh!t though. The fact that they commence litigation proceedings does NOT start the 6 year period all over again, as they appear to suggest. And by writing such absolute nonsense, they are in breach of OFT guidlines on debt collection.

 

I suggest a letter off to them telling them that, as they are well aware, the debt is in dispute in any case, they have not complied with requests for a copy of an agreement, or responded satisfactorily to a SAR, and therefore they may not continue to attempt to collect any alleged debt.

 

It's obviously a last ditch attempt to frighten you, and I imagine it will be the last you hear from them.

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I'm doing nothing... They can start court proceedings all they like - they have no agreement...

 

It did give me a chuckle, I must admit!

 

 

They might - cause some of these companies are a bit "thick" - BUT if they do it saves you the court fees - all you do is defend and ask for the to prove their paperwork is correct etc.. they'll soon crawl back into their cave ;):D

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