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    • Dear CAG,   Please advise on the following problem.   I have a friend who was very very ill since 2017. He had problems with his heart. After a number of heart attacks, he had a quadruple bypass in January 2021. (His bypass was to have taken place during 2020 but of course, it was delayed due to covid)   While he was waiting for the bypass operation, his company was struck off by Companies House in 2019 because he failed to send the company accounts and other documentation. He failed to send them because of his illness.   He made full recovery after his operation and he then restored his company as soon as he was able during 2021.     Prior to his illness his company was appointed as a commission sales agent for a manufacturing company (based in UK) in 2016 . During 2017, his company won a contract for this manufacturing Company for the first part of an engineering project.  His commission was paid in full by the manufacturing company after they were paid by the end user.   Even through his illness and heart attacks he was able to complete the second sale for the second part of the same engineering project. As a result, the manufacturing company won the contract for the second part during 2020. The manufacturer owes his company commission from the proceeds of this second order they received from the same end user customer.   The manufacturer refuses to pay the commission owed to his company saying that as it had been struck off, they are no longer obligated to make the payment. Any arrangement that was made prior to the company being struck off and for that reason, is null and void.   Our view is that the company being struck off is irrelevant because   a.       It is a continuation of the same project b.       The company has been restored. c.       The dissolution was merely due to an administration issue with Companies House as a consequence of his illness.   As the company has been fully restored the debt owed by the manufacturer is still valid, they are liable and they must pay.   According to the guidance notes on Companies House Website (https://www.gov.uk/government/publications/company-strike-off-dissolution-and-restoration/strike-off-dissolution-and-restoration)   Guidance. Strike off, dissolution and restoration Updated 24 March 2021   11.8 Once a company has been restored by the court When a company has been restored to the register, the general effect is that a company is deemed to have continued in existence as if it had not been dissolved or struck off the register.   My friend is claiming the payment owed to his company. However, he may have to take legal action as I think the manufacturing company feels that they have the upper hand because his company has been struck off.  Even though it has been restored, the payment is no longer owed to the sales agent.     Will my friend be able to serve a writ on the manufacturer as a last resort so he could get his money?   Please advise your views and comments on this situation so I can advise him and we an consider the next steps.   Thank you Wrecked.    
    • Hi Schipoo,   In the 2nd document above from HMCTS, it starts by referring to 3 items attached, namely :-   Appeal/Application Respondant Decision Notice Supporting Documents   I assume the 2nd item is the first PDF posted above but please confirm.   If there are any other documents, can you post them up, redacted.   I'm not experienced in this appeal tribunal process but we'll do all we can to support you. However, are you prepared to follow guidance, submit documents/replies in the manner we suggest and meet any deadlines. Please confirm.   At the risk of repeating myself, any joy yet in visiting the police ? Of all the issues likely to affect your case, I think this is crucial.
    • Can you tell us what you have changed in this new version., otherwise we have to guess or spend ages reading through a huge wall of text.   Also can you also answer the questions at the start of past 30?   We tried to correct the English and make the defence more presentable to the judge, yet here you have gone back to the version full of mistakes.  Do you want us to correct the English and make it more understandable for the judge, or not?
    • Giffgaff works on O2's network.   If there was a mast down then O2 would have been down too (though O2's customer services may have handled things differently.....   In my experience though, giffgaff's C/S is way better than O2's ......... (Might the issue may have been O2 telling giffgaff the mast wasn't down, when it was?)
    • I am on o2 pay as you go and have been for years, never had a problem, I only have a basic phone with no camera or internet, costs me £5 a month lol, also get rewards every 3 months
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Cabot using Legal and Trade


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This morning I recieved a lovely letter from Legal and Trade following 11 phone calls yesterday (none of which I answered).

 

The letter is in relation to an alleged debt owed to Cabot Financial (Europe) Limited.

 

It goes on

 

Blah blah

 

In respect of the debt previously owed to (credit card company)

 

You have not yet contacted us to resolve this seriously overdue amount

 

My intention now is to arrange for one of our field agents to call at your address to negotiate settlement of this account in full

 

If the agent is unable to negotiate a satisfactory arrangement etc ets blah blah

 

 

A number of points

 

Why have Ken and co passed my details to legal and trade. Are they in breach of DPA

 

Who actually owns the debt Cabot or Legal and trade?

 

Should I contact Legal and Trade and advise them that their field agent will be trespassing on my property and risks being asked to leave and possibly removed by force and police contacted

 

This debt will almost be Statute Barred by now so should I SAR the credit card company

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Yes SAR Cabot and the original lender you need to know what's going on. You also need a copy of the original executed agreement which is vital as if they do not have one the debt is unenforceable and they should not have been processing your personal data.

Sounds like Cabot is using this other DCA as their agent (in fact that's what they are saying). But it does not mean they are able to share your personal data in this way.

You must ensure you do not acknowledge this debt as it will start the clock ticking again and your statute barred status will be gone.

I am sure some of the heavyweight Caboteers will come along soon and add more.

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This morning I recieved a lovely letter from Legal and Trade following 11 phone calls yesterday (none of which I answered).

 

The letter is in relation to an alleged debt owed to Cabot Financial (Europe) Limited.

 

Is this a quote from their letter ????

 

1) The alleged debt is owed to Cabot Financial (UK) Ltd, not (Europe).

 

You should see if you can get them to admit in writing that they are working for (Europe). If they are you can remind the of the OFT guidelines, in relation to using more then one DCA at a time.

 

(europe) aren't allowed to do anything with your data, they are only acting on behalf of (uk)....

 

SAR and CCA Cabot and SAR Legal & Trade, find out what has been going on

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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Sorry for not getting back on about this but I have been out of action for a few days. There have been a couple of interesting developments in this saga. I will post later

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Sorry for not getting back on about this but I have been out of action for a few days. There have been a couple of interesting developments in this saga. I will post later

 

look forward to it

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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Is this a quote from their letter ????

 

1) The alleged debt is owed to Cabot Financial (UK) Ltd, not (Europe).

 

You should see if you can get them to admit in writing that they are working for (Europe). If they are you can remind the of the OFT guidelines, in relation to using more then one DCA at a time.

 

(europe) aren't allowed to do anything with your data, they are only acting on behalf of (uk)....

 

SAR and CCA Cabot and SAR Legal & Trade, find out what has been going on

 

Its at the top of the letter

Debt Of £XXXX.XX

TO Cabot Financial (Europe) Limited

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I spoke to Legal & Trade this morning after 15 calls yesterday. Apparantly I owe ebay money (I dont) and they have told me that Cabot passed the debt to them for collection but that they are only agents and do not own the "debt"

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Is this a quote from their letter ????

 

You should see if you can get them to admit in writing that they are working for (Europe). If they are you can remind the of the OFT guidelines, in relation to using more then one DCA at a time.

 

(europe) aren't allowed to do anything with your data, they are only acting on behalf of (uk)....

What good will this do me:D Can I punish your new best mates Ken and Willy

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