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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.    
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   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 ? In a garage  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. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   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? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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    • 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.
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      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.
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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

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


tbern123
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Thanks Lizzie

 

 

I found a form a few days ago, which allows you to make an application to the court for a defence to be struck out. It said that there was a fee of £50.

 

Does any know the number of this form. I can't find it anywhere now

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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Its up to Cabot and Hodsons if they want to play merry go round with your letters but they appear to have ignored your comments that trading standards have also been informed. And if the other statutory agencies are brought in then they will have only themselves to blame when the whole house falls down on top of them.

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Guest Battleaxe

If yesterdays entertainment session in court with Mr M====r, Hodson's agent is anything to go by, they are up the creek without a paddle. his body language as he headed back towards the railway is anything to go by, he has to report back everything the Judge told him to report back and he dug the hole even deeper for them to extricate themselves out of. Two little legal budgies have been sent back to Hodson's nest to work out what they did wrong. I wonder who they are going to send to face us next time. Even the Judge commented that he and Mr M===r learnt something yesterday regarding the Data Protection Act and the Information Commissioners Office. I did laughout in court when Mr M===r said they needed more time. The Judge then ordered full disclosure Mr M got me afterwards and told me he considered I was rude. We all burst out laughing again. Poor baby.

 

Cabot and Hodsons are really losing the plot. My military law qualification does not allow me to practise in England as a solicitor, so I wonder what WW's qualifications are and where he obtained them

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This might help WW make up his mind

 

You Know You’re a Lawyer if . . . . . . . .

 

A) You charge someone for saying ‘Good Morning’.

 

B) You have a daughter named Sue and a son named Bill.

 

C) Your other car is a BMW.

 

D) When your wife says ‘I love you’ you cross-examine her.

E) Your only friends are also lawyers or work for DCAs

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"Gentlemen, when the enemy is committed to a mistake we must not interrupt him too soon. "

 

That is funny!! made me laugh loads!! :D

Yep!! I reckon these companies will sink themselves sure enough!!

 

If nothing else - we maintained a good sense of humour while dealing with many of these companies!!

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Nelson also said:

 

Either he had a premonition of Cabot, or Cabot behave like the little dictator Nelson and Wellington thrashed so soundly (and so often).

And we all know what happens to dictators, Mussolini, Hitler, Saddam, Idi Amin, Tony Bliar:)

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One thing I hate is being ignored....:mad:

 

I have just sent this email:

 

 

----- Original Message ----- From: tbern123

To: [email protected]

Cc: [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected]

Sent: Wednesday, May 16, 2007 10:37 PM

Subject: Letter Before Action

 

 

 

 

Dear Mr Wellinghoff

 

Further to your email of 9 May 2007, I would like to thank you for taking the time to respond to my correspondence. Sadly, I find myself yet again having to take time to contact your company. As stated in your email:

 

I have forwarded your e-mail to our solicitors, Hodsons, in order to respond”

 

Sadly after seven days, I have had no response from Hodsons. As you should be aware, I wrote directly to Hodsons on 28 April 2007. I subsequently received a response from Mr Dean Spencer confirming that he must refer to his clients.

 

You can image my surprise to read in your email, that you will refer to Hodsons. As Hodsons, cannot respond to me as they have to refer to their client and Cabot cannot respond to me as they have to refer to Hodsons, it would appear that there has been a complete breakdown of communication within your organisation or deliberate attempts have been made to avoid responding to my concerns.

 

Contrary to your email and for the avoidance of doubt, please note the litigation I have instigated only relates to your ref: 1465790. This litigation, does not remove your responsibility and liability to deal with my concerns in relation to my Subject Access Request to Cabot Financial (UK) Limited (previously called Kings Hill (No.1) or the concerns I have previously expressed in relation to your ref 1173130. I can confirm that your ref 1173130 may be subject to further litigation.

 

I have noted your request for all future correspondence to be addressed to Hodsons. However, I will treat your request with the same contempt that was given to the repeated requests made to your company to contact me on my mobile phone or after 6pm. As clearly demonstrated by my Subject Access Request, these requests were documented by Cabot and ignored. So much for the Office of Fair Trading guidelines.

 

Further to my letter of 28 April 2007 addressed to Hodsons and my subsequent email to you, I respectfully ask for a response to the following questions in their entirety

  • If Cabot Financial (UK) Ltd, does not hold any data about me, why was cheque 300063 sent to them, in relation to my Subject Access Request, debited from my account on 3rd April 2007 ?


  • If Cabot Financial (UK) Ltd does not hold any data about me, what data was used to record and update the following default on my Credit File ?


Company name: KINGS HILL (NO 1) LIMITED

Account type: Credit Card / Store Card

Started: 04/02/2000

Default Balance: £3,512

Current Balance: £3,895

Defaulted On: 21/01/2002

File updated for period to: 06/08/2006

  • What happened to my cheque between the day it was received and the day it was presented for payment.


  • Why was my cheque presented for payment, so long after it was received.


  • Why have I never received any correspondence directly from Cabot Financial (UK) Ltd / Kings Hill (No.1) Ltd


  • Why did you, deny that cheque number 300063 had been presented for payment, by yourselves.


  • Why was Kent Trading Standards misinformed in relation to this cheque.


  • In relation to my personal data, are Cabot Financial (Europe) Ltd acting as a Data Controller.


In addition to a full response to my concerns, I require an immediate refund of £15.00 (£10.00 Subject Access Request and £5.00 copy cheque fee). Please accept this letter as confirmation that I will instigate further litigation within seven days, if you fail to respond to this letter in full and refund the amount requested. I am sure you will agree, considering I first raised my concerns nine months ago and Cabot have failed to effectively investigate or even respond to my concerns, I have been very patient.

 

To prevent any further delay, I have sent a copy of this email to Mr Dean Spencer of Hodsons and I will leave you both to refer to each other as much as you deem necessary.

Regards

 

tbern

 

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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I am not going to say anything erudite here just that WTF (very erudite expression) is going on there? Surely WW knows that you are entitled to demand he deals with you and not an intermediary and that includes Hodsons.

I find that anyone who hides behind a subordinate basically lacks moral fibre and, as such, should be fed to the lions.:)

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I am not going to say anything erudite here just that WTF (very erudite expression) is going on there? Surely WW knows that you are entitled to demand he deals with you and not an intermediary and that includes Hodsons.

I find that anyone who hides behind a subordinate basically lacks moral fibre and, as such, should be fed to the lions.:)

 

Tbern - sure will be interesting to see what mutterings you hear now!!

 

Rhia - Lions it should be!!!

Seems these companies don't respond at all if they can help it - maybe we should send a pack of pens, pad of paper and some envelopes? Maybe someone forgot to buy these :D

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Tbern - sure will be interesting to see what mutterings you hear now!!

 

Rhia - Lions it should be!!!

Seems these companies don't respond at all if they can help it - maybe we should send a pack of pens, pad of paper and some envelopes? Maybe someone forgot to buy these :D

They dont trust them with pens or pencils they are too sharp. They write with crayons. They are busy getting the person with the braincell to search for a computer template.

 

It really does seem that saying sorry is the hardest thing to do:-D

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I have to say this... Cabot should take note and learn from Dean Spencer of Hodsons. If they behaved more like him, I would not have started litigation.

 

Im response to my email sent last night, I have today received 4 emails from Mr Spencer

 

Email 1

 

----- Original Message ----- From: Dean Spencer

To: tbern123

Cc: [email protected] ; [email protected] ; [email protected] ; [email protected]

Sent: Thursday, May 17, 2007 7:09 AM

Subject: RE: Letter Before Action

 

 

 

Mr tbern123

Thank you for your e-mail.

I hope to be speaking to Mr Wellinghoff later this morning whereafter i hope to be in a position to respond to your letter.

Dean Spencer.

I kinda feel a little guilty, he sent this at 7:09 this morning. I had only just got out of bed at that time...

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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Email 2

 

----- Original Message ----- From: Dean Spencer

To: tbern123

Cc: [email protected]

Sent: Thursday, May 17, 2007 3:11 PM

Subject: Cabot ats yourself.

 

 

 

Just a quick e-mail out of courtesy to inform you that I should be in a position to let you have two letters very shortly in response to your earlier correspondence,(including your letter to Willem Wellinghoff).I think I should be able to e-mail them to you tomorrow.

Regards,

Dean Spencer.

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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Email 3

 

----- Original Message ----- From: Dean Spencer

To: tbern123

Sent: Thursday, May 17, 2007 3:23 PM

Subject: Proceedings at Dartford county court

 

 

 

I am not sure if you have heard from the Court recently,but I have dropped them a line to ascertain whether directions are being given in order that the matter can progress.

If I hear anything I will inform you ,I should be grateful if you could do likewise.

Many thanks,

Dean Spencer.

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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I have to say this... Cabot should take note and learn from Dean Spencer of Hodsons. If they behaved more like him, I would not have started litigation.

 

Im response to my email sent last night, I have today received 4 emails from Mr Spencer

 

Email 1

 

----- Original Message ----- From: Dean Spencer

To: tbern123

Cc: [email protected] ; [email protected] ; [email protected] ; [email protected]

Sent: Thursday, May 17, 2007 7:09 AM

Subject: RE: Letter Before Action

 

 

 

Mr tbern123

Thank you for your e-mail.

I hope to be speaking to Mr Wellinghoff later this morning whereafter i hope to be in a position to respond to your letter.

Dean Spencer.

I kinda feel a little guilty, he sent this at 7:09 this morning. I had only just got out of bed at that time...

 

 

Aaarrhhh - poor little fellow takes his laptop home ....:D

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Email 4

 

----- Original Message ----- From: Dean Spencer

To: tbern123

Sent: Thursday, May 17, 2007 4:44 PM

Subject: cabot

 

 

 

I have had the two letters typed and these should be in the post to you tonight,(postal services permitting) they should be with you in the morning.

Regards,

Dean Spencer.

Hodsons.

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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So in the next couple of days, I should get some answers to my questions. :D

 

I am very interested to know how they interpret things and I can't wait to find out about my SAR and the £10.00 cheque.

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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Email 4

 

----- Original Message ----- From: Dean Spencer

To: tbern123

Sent: Thursday, May 17, 2007 4:44 PM

Subject: cabot

 

 

 

I have had the two letters typed and these should be in the post to you tonight,(postal services permitting) they should be with you in the morning.

Regards,

Dean Spencer.

Hodsons.

 

tbern, I have dreams about 4.44 - used to wake up during the night digital clock always said 4.44, whenever I seem to look at a clock it said 4.44 - for years - spoooky, honest... hope our Deans not the darker side of life coming into the open :-D

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Aaarrhhh - poor little fellow takes his laptop home ....:D

 

lol, no comment.. I appreciate that he has at least bothered to respond to me in a civil manner, without trying to brush me aside. Saying that, I will wait and see what his letters say first. Can't imagine I am going to like what they say. But hay ho :)

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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4.44 ???

two thirds of the devil ???

 

If it came from Cabot, no doubt it would have been sent at 6:66pm

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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