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    • The reason for the photos is to show you weren't displaying a permit.  They are supposed to check that the permit hadn't fallen off the dashboard. There is no point in appealing to PPM.  The very people who deliberately set up the site with rubbish signage to catch motorists out are highly unlikely to find against themselves. You've said several times that you think the company who you met with called PPM in so these are the people you need to contact in writing to request they call PPM off.  Until you do so we're going round in circles. If you don't want them to have your e-mail address simply set up a secondary e-address.  
    • Please see attached redacted judgment for further infoVWFS (UK) LTD - Salisbury CC - Judgment - 20240507 V Final _copy redacted.pdf
    • Make sure the WS is sent 14 days before the hearing. You can e-mail the court theirs.  In the subject line put the case number, the names of the parties and "Witness Statement".  Obviously click on "Return Receipt". Send Simple Simon his by 2nd class post - all VCS are worth - and get a free Certificate of Posting from the post office.
    • The outlet is in Camden Town and was set up in 2006, a year after my husband established the business, in addition to selling at exhibitions, online, shows, events, and having licensing agreements in some places overseas.  The only thing I have stopped doing since I got ill is the physical stuff, which I’m working on. The business has not changed name or anything like that either. I’m not sure where the original contract with Camden is but the management must still have it. My husband died in Jan 2017, and until Sept 2018, I would take the stock in every week; after that I was sending it in by post. I went in now and then when possible to re-do the display but that was about it. No one had access to any files until 2020. Moved house in 2020 thought would have to pull it all, Covid had just hit as well. The person in question said he would be interested in taking over and paying the rent etc. so I said I would let him sell the pictures for nothing as long as he would ‘keep it warm’ for me.  Obviously, everywhere was closed for lockdown. During this time I was working out how to go forward.  In May 2022 I told him I couldn’t  give anything away for free anymore, and put in place the wholesale agreement.  I’ve disregarded any discrepancies from before this date. I sent over the jpgs electronically, so I’ve still got them too. He hasn’t got any original files like .psds negatives or memory cards etc, I’ve got proof of all ownership/copyright. A co-op is whereby a small number of neighbours work on a rotational basis so they each of them can have time off, that way everyone doesn’t need to be there at the same time, he had never been an employee of mine.  The only reason I allowed him to have the files in the first place as I didn’t want to lose that side of the business.  It’s a good, constant source of income. However, the rent was becoming crippling as I believed there was something fishy going on well before this as there’s so much cash dealt with there, and I couldn’t go in regularly in person, and I’m sure sales weren’t being recorded properly and cash was being pocketed. My husband was too busy to be doing any stock control properly, he wasn't really into paperwork, and the guy who was ‘helping’ me after my husband's death, was making things very difficult for me to implement a solid stock control system by refusing to co-operate on simple things like using email etc. which I thought was a smokescreen, so I severed ties with him just before I made the agreement in question. I sent about 100 images, jpg files, sent via We Transfer. I’ve got the confirmation of which files were sent with dates. I will have to go through closed bank accounts and previous tax returns to get a proper estimate.   Before I made this agreement, I was selling retail there, this is a wholesale agreement so I’ll have to do some calculations but it is definitely in the thousands.  I haven’t got his his home address, and I don't think he's got any sizeable assets. I’m also worried that he might send the files overseas and start selling them there. I know he’s not stupid enough to sell them online. He knows for sure how serious this is, but he’s been chancing it and thinks I’m stupid, if not soft and stupid. I don’t know if this would work but I am thinking that when he does contact me, I tell him we need to talk, tell him I know what he’s been up to, and strongly urge him not to order any more prints from wherever he is having them printed because it will make things much worse for him if he does. Then when I do tell him about the gravity of the situation, maybe a few days later, I think it will scare him into complying because the consequences definitely trump the few quid he thinks he is saving by getting his own printing done. Tell him an amount that I want back for lost revenue, and make it clear that if he doesn’t destroy the files and if I find out he is still doing it at any point down the line, I will seek prosecution for copyright infringement and fraud, which I will. I don’t know how I can enforce any of this without involving the courts though. I will be able to tell, though, and he will know this. And the only reason I am doing this now rather than before, is that I couldn’t prove anything until now.  It was screamingly obvious from the beginning though, as he wasn’t ordering enough from me to pay the rent, let alone make a profit. If I decided to come down like him lie a ton of bricks straight away, how would I go about a cease and desist, would I have to get one from the court? And what do I do about the stock he currently holds? It has also occurred to me that he might file for bankruptcy or similar if things get heavy, where would that leave me? I could put the feelers out for a brand-new person to take it on, obviously without giving them access to files, that is an option. But that comes with its own set of issues. Also, would there be any implications for me, if I kept quiet for now? Let him order again from me as if nothing has happened, as it will be any day and I want to get all my ducks in a row first ideally….   Thanks again
    • I’ve also just realised their online website they’ve got 12 photographs of my vehicle, including close ups of the inside?? Not sure why that’s relevant.  The time stamp on the first photo is 13:57, the PCN incident time is 14:12. 
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    • 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.

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    • 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
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Taking Cabot to court for failing to supply HSBC CCA + Distress etc


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tbern, I've just allocated myself a tea break and couldn't stop myself browsing:p Have you been following this one with Lowell? cos it looks kinda interesting. Post 100 http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/59677-re-assignment-debts-dcas-5.html - oh dear - back to work !:x

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Ok, I checked my bank account today...

 

Cabot Financial (europe) ltd have banked their cheque.. but Kings Hill (No.1) Ltd haven't.

 

I wonder if this is because the cheque was made out to Kings Hill (No.1) Ltd and it was crossed account payee only and that they have changed their name to Cabot Financial (UK) Ltd..

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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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Ok, I checked my bank account today...

 

Cabot Financial (europe) ltd have banked their cheque.. but Kings Hill (No.1) Ltd haven't.

 

I wonder if this is because the cheque was made out to Kings Hill (No.1) Ltd and it was crossed account payee only and that they have changed their name to Cabot Financial (UK) Ltd..

 

 

Should be interesting to see what happens there?

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I wonder if this is because the cheque was made out to Kings Hill (No.1) Ltd and it was crossed account payee only and that they have changed their name to Cabot Financial (UK) Ltd..

Kingshill banked mine and it was crossed and also well after the 15/1/07. I have asked the bank to investigate.

If I have helped click my scales....

 

Find my threads by clicking here

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pixel.gifpixel.gifpixel.gif

found this on the SCABOT WEBSITE

Why has my account been sold?

You may have stopped paying your account altogether or not kept up with the minimum monthly contractual payment. Your lender will usually have attempted to recover the money you owe which may have included action by a debt collection agent. Your account has been sold if a satisfactory response has not been made by yourself.

Why didn't my lender tell me?

You would have signed a Credit Agreement with the lender when originally opening this account with them. This Credit Agreement allows the lender to sell your account, and all of the rights under that agreement, to another company. They are not required to give you advanced notice of this.

You will normally receive a letter from the lender advising you of the sale of your account and at the same time Cabot Financial will send you a letter which acts as legal notification of the change of ownership.

What if I haven't heard from my lender?

Your lender would have attempted to contact you when you first fell behind with your payments. They may have spoken with you quite recently or indeed their attempts to contact you might have been unsuccessful.

Their lack of success has resulted in your account being sold to us. You should not therefore attempt to contact your original lender - they will only refer you back to us.

What happens to my credit record?

The lender may have marked your credit record with a 'default' at or around the time that you fell behind with your contractual repayments. This action may prevent you from obtaining other forms of credit. In addition, a County Court Judgement (CCJ) may also have been entered on the credit records in association with your account.

Cabot Financial work closely with the Credit Reference Agencies to ensure that your credit record is updated to reflect the payments made to us and show the actual status of your account at the end of each month.

If there is a CCJ on record for an account that you settle with us, we will provide you with the documentation for the CCJ to be marked as 'satisfied' on your credit record.

 

SPOT THE "PORKIES"

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

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Hi

 

Yes, I have also seen something like that. I think it was an in-house DCA, Arrow Global who I think are listed as dormant and when the person had sent a cheque payable to Arrow, it was the bank (can't remember which one) who cashed it. They claimed that they were able to change the A/C payee to themselves!!

 

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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Priority One, banks cannot alter the payees name-but especially not when it

is a limited company that is involved. What they can do is enter anything on

the cheque that the drawer has not filled in-the date, the payee, the amount

in words or figures. But in no circumstances can they effect a material

alteration without the drawers permission.

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Hi

 

Yes, I have also seen something like that. I think it was an in-house DCA, Arrow Global who I think are listed as dormant and when the person had sent a cheque payable to Arrow, it was the bank (can't remember which one) who cashed it. They claimed that they were able to change the A/C payee to themselves!!

 

Regards, Pam

 

 

Are they ? How convenient if they are !! :mad:

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Priority One, banks cannot alter the payees name-but especially not when it

is a limited company that is involved. What they can do is enter anything on

the cheque that the drawer has not filled in-the date, the payee, the amount

in words or figures. But in no circumstances can they effect a material

alteration without the drawers permission.

 

 

I was told they could. My in-house DCA is reg. as dormant/non-trading, but my CCA request was banked by them. It was clearly made out to the DCA and banked with their name on it - as have other transactions. The DCA has collected payments from me for 4 years on behalf of Liars & Leicester !! I was told on Legalites that this was ok because banks could alter the payee details on a cheque.

 

Sorry if I am hijacking here... but it ties in with what Debtmountain said.

 

I thought it strange at the time... but the advice came from someone with loads of green blobs !!

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I read on the Legalities thread that the bank can adjust the payee on a cheque.... I didn't think they could do this. Aren't we meant to initial any changes ?

 

If this is the case why bother with the Account Payee stuff - were open to all sorts of mishaps happening with chques then?? Something seriously wrong if that is the case??

 

But wouldn't it be the "company" banking the cheque making the changes? I can't fathom how they've got away with this as Kings Hill - Cabot's - not a "mere" typo is it?

 

I am very curious as to how this has happened.

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If a cheque is for a small amount, the banks don't even check the payee. In days gone by you could have written a cheque out to Micky Mouse and providing it was for less then £5k it would mostly likely have been processed.

 

Things have moved on these days and the limits have been reduced, but for cheques for £1 (cca) and £10 (S.A.R - (Subject Access Request)) the banks simply won't even check the payee

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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Hi PriorityOne

 

I got my wires crossed a bit in my last post - it was actually your case that I was thinking of - Global (not Arrow Global) - well close!.:o

 

It was A&L who told you this and I've copied the part from your thread:

 

With reference to the issue raised regarding why payments made to Global Debt Management Services (no mention of Limited) are banked by Alliance & Leicester this is due to the fact that Global Debt Management (still no mention of Limited) work on behalf of Alliance & Leicester as an inhouse debt recovery team and therefore use the same banking facilities (so, what's the advantage to you of doing that then, eh?...and, why do my statements show payments being collected by Global and not A & L PF ?)

 

 

 

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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P.S.

 

A&L are not saying which account the cheque is actually being credited to, are they!?!

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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No they are not... but my bank statements show debit card payments going to them by name from 2002 - 2005.

 

Going back to the cheque issue though... even if the amount is small, say £1 - £10 to the in-house DCA or whatever, how can it get paid into the bank account of a creditor with a completely different name ? Can they really "share" bank accounts to this extent ?

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Hi PriorityOne

With reference to the issue raised regarding why payments made to Global Debt Management Services (no mention of Limited) are banked by Alliance & Leicester this is due to the fact that Global Debt Management (still no mention of Limited) work on behalf of Alliance & Leicester as an inhouse debt recovery team and therefore use the same banking facilities (so, what's the advantage to you of doing that then, eh?...and, why do my statements show payments being collected by Global and not A & L PF ?)

Regards, Pam

 

Well there is no mention there that they are altering the payees name. In

fact all it says is that that they both share the same bank, so the payments

may well be getting paid into Global's account. In the recent past, it was

possible to endorse cheques that were crossed a/c payee only to be paid

into other accounts. But this practice was stopped a few years back with an

amendment to the Cheques Act, I think. But in the case of limited companies,

even without a/c payee only added, it should not be possible to endorse

a cheque from one limited company to another.

 

If you believe, or are sure that your money is not going into the account

that you have denoted as the payeee on your cheque, you could ring your

friendly Inland Revenue office and ask if it is correct that you are making

payments to a supposedly dormant limited company, but the company is

paying the cheques into the account of another limited company. If you say

that you are worried that the paper trail left by your cheques does not tie

up with the actual account it is supposed to, and you are worried that sometime down the line, they may come back to you and say they have no record of having received payments from you, and is this practice ok in their

eyes?

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If you believe, or are sure that your money is not going into the account

that you have denoted as the payeee on your cheque, you could ring your

friendly Inland Revenue office and ask if it is correct that you are making

payments to a supposedly dormant limited company, but the company is

paying the cheques into the account of another limited company. If you say

that you are worried that the paper trail left by your cheques does not tie

up with the actual account it is supposed to, and you are worried that sometime down the line, they may come back to you and say they have no record of having received payments from you, and is this practice ok in their

eyes?

There is a contact number of someone in inland revenue who is interested in dormant companies still trading etc.. it was by Bailiffchaser I think.

 

I t is posted further up this thread.

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"Quote:

Originally Posted by Bailiffchaser viewpost.gif

speak to this lady at hm customs and revenue about trading dcas which are dormant according to companies house.

judith sweatman 08707853833 "

 

 

Did you all see this post on the mass complaint sticky thread??

Could be interesting conversations going on about a certain "dormant" company who are still trading , writing to CRA's, trying to get court claims through court to gain money etc... :grin:

Saxon

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"Quote:

Originally Posted by Bailiffchaser viewpost.gif

speak to this lady at hm customs and revenue about trading dcas which are dormant according to companies house.

judith sweatman 08707853833 "

 

 

Did you all see this post on the mass complaint sticky thread??

Could be interesting conversations going on about a certain "dormant" company who are still trading , writing to CRA's, trying to get court claims through court to gain money etc... :grin:

 

 

Saxon - thanks for that - I am sure that was the post I'd seen.

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