Jump to content


  • Tweets

  • Posts

    • Good evening, My husband and I are looking for some help regarding a faulty car which we have recently purchased from Big Motoring World Enfield. The details are as follows: - Make - Nissan Qashqai 2017 1.2L milage 55,349 miles.  Date purchased -   01/06/2024 Price paid - Deposit £9000, finance £4794 (this includes the 3yr Nissan extended warranty), buyers fee £249.      Total including all fees etc = £ 13794.        Initially, during the test drive, there was no problem with the car at all and this is why my husband bought the car on the day. No problems on the way home from the dealership and up to three days after purchase, the car drove smoothly. However, after day 4, occasionally we would feel a slight shudder during some gear changes (automatic car). Over the next few days these shudders worsened and then on day 5 the car would make very a very loud shudder with every single gear change. It was at this point we contacted Big Motoring World for advice as we are still under the 14 days no questions asked return.  My husband contacted BMW for advice on 06/06/2024 and stated the problems as above. He spoke to a sales person who informed him that he should only take the car to a Nissan dealership (we have now been told that this is false information). We were also promised that a courtesy car would be provided for us after the fault on the car had been identified and confirmed by their mechanic fixing the car. We took the car to the garage that Big Motoring World had told us to go. Upon arrival there we discovered it was a third-party garage, not Nissan. We took the car to the garage on day 9. The mechanic ran a diagnostic test which found no faults, but after the test drove the car and below are his findings...   we scan the car but no faults with the gearbox showing but when I test drove the car it was really juddering and jumping.I spoke to my auto transmission specialist and he said they are very common on these as the CVT belt starts jumping within the box due to pressure loss.  We had this vehicle in for diagnostics for gearbox mate but both the gearbox and battery are faulty.Gearbox supplied and fitted comes to £3500 plus vat   Where we are at now…. My husband spent all of day 10 (11/06/2024) making phone calls between the garage, Warranties2000 and Big Motoring World. He tried, unsuccessfully to find out if the diagnostic reports had been shared between all three. Everyone kept saying the report hadn’t been received and yet the garage assured us it had been sent. Eventually we were told that the courtesy car would be given to us if it was deemed the works to fix the car would take longer than 8 working hours, and that decision would be made after 48hours of receiving the report. Today is day 11 and no decision has been made as nobody is telling us any decisions as people are off sick or on holiday! Today we called the garage and told the mechanic NOT to start any work as we will be returning the car. He said none have been started and we have left the car in his storage as he has deemed the car undrivable. I have sent an email to BMW now formally stating that we want to return the car and I have used the terminology that was suggested.   What can we do next?   Thank you everyone. .  
    • Yes will do thanks Dave, I wonder what will happen at the preliminary hearing no idea what they will ask I assumed once I sent the proof they asked for about my sons condition that I would have just  been given the go ahead to be Litigation friend
    • First the judge will rule on you representing your son, which will be a doddle. After that the full hearing date will be fixed, with WSs exchanged 14 days before. So for the moment just concentrate on getting the right to represent your son.  
    • Thank you, the mediations in a couple of days so hopefully they show up this time. I'll update this thread after how it goes
  • Recommended Topics

  • Our picks

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

Me v Cabot Financial


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6128 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

I bought a computer some years ago from Time Computers. Due to unemployment for two years, I was unable to pay Cabot. However, in April last year, I received a letter from them regarding the outstanding amount of £2K.

 

Being unaware of this site, I contacted them and offerd £10 per month which they duly set up. A couple of months later, I noticed that Time Computers had gone bust.

 

Obviously, I am going to CCA Cabot but can anyone tell me, if the original company who I owe to debt to have gone bust, do I still have to pay what's outstanding to Cabot?:confused:

Link to post
Share on other sites

  • Replies 113
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

The only letters I have from them were in March last year as the CAB contacted them to advise that I was unable to work due to illness. I seem to have lost anything prior to that - may still be with the CAB.

 

One letter stated that they refer to "previous communications" (probably with CAB) and the other is advising that I have offered to pay £10 per month and showing my bank account details (as I had started work when they wrote to me and was able to afford £10 per month and told them this).

Link to post
Share on other sites

Hi,

 

 

I think you should get in touch with CAB, to see if they have any of the original details etc. Then I would definitely send a CCA request to Cabot!

 

It might also be worth while sending a SAR to Cabot as well! State that you require all relevant information regarding this account on all relevant filing systems!

 

See what that throws up. It should include all letters that they have sent to you in the past!

 

PS. Put "I no longer acknowledge any debt to your company" at the top of each letter that you write to Cabot! Then, from now on refer to it as the "alleged debt".

 

That should keep you going for a little while.

 

Keep us updated!

 

Best wishes, Jeff.

Link to post
Share on other sites

Cheers Jeff

 

If I posted CCA yesterday, they should get it today. Do I start counting the 12 days from today or tomorrow?:???:

 

BO (didn't realise my unsername initials would be BO lol) - haven't got it though honest :-D

Link to post
Share on other sites

You did send the CCA letter by recorded delivery didn't you? The clock starts ticking from the day they signed for the letter which will prove to a court that it was received at Cabot Towers. They could claim they never received thes CCA request and without the Royal Mail's chit you can't prove delivery.

 

Cabot are not known for having any documents to stand up a debt other than your name, address and the sum. If they don't provide you with anything after 12 working days + the calendar month write to them, recorded of course, stating that you are unhappy with their (lack of) response and wish to mak a complaint and demand their compl,aints procedure.

 

Cabot must have such a procedure as they are holders of a consumer credit licence. Any attempt to fob you off and you should report them immediately to the Financial Ombudsman. If they send you the procedure follow it to the end and if you disatisfied with their response then you can take your complaint to the FO.

Link to post
Share on other sites

Hi NailPost

 

Thanks for the info

 

Sent CCA special delivery so can track it :D Not daft!!

 

Bet they will be scrabbling for the CCA if Time Computers have ceased trading!! lol

 

Will keep you posted:)

Link to post
Share on other sites

Jeff, if I stop payments if the debt is unenforceable, they won't be able to send it back to the original company if Time Computers have ceased trading - does that mean it will be wiped out?

Link to post
Share on other sites

Received a letter from Cabot today

 

Further to your letter of 5th June 2007.

 

Cabot Financial (UK) Ltd, formerly Kings Hill (No 1) Limited, which is part of the Cabot Financial group of companies, purchased your account from Hitachi Nova and therefore Cabot Financial (UK) Ltd is the legal owner.

 

The rights but not the duties were assigned to Cabot Financial (UK) Ltd in dealing with your account and therefore we are legally entitled to collect.

 

We will assist you in providing a copy of the agreement and statement of account but please not that we are not obliged to as we are not the creditor. In view of the fact that we are not the creditor we are also returning the fee of £1.00 to you as this is not applicable.

 

We enclose a copy of the Notice of Assigment to be forwarded to you (eh?). This letter constitutes written notice of the assignment under section 25 of the Law of Property Act and therefore we have no need to provide a copy of the assignment deed itself.

 

We have requested a copy of the agreement from Hitachi and hope for a swift response, but please be aware that if the information we have requested is archived this can take up to 8 weeks to receive.

 

Below is a statement of account from the date that Cabot Financial purchased this account from Hitachi. If you require further information regarding this account from prior to 25th Sept 2003, we suggest you contact Hitachi Nova directly.

 

It then details the payments I have made since April this year, however from January 2004, there at least £450 worth of interest charges which have been added:mad: .

 

It then says "if we can be of further assistance, please do not hesitate to contact us." - Yeah right!:D

 

Attached to the letter is another letter allegedly from Hitachi Capital (these are the finance people for Time Computers).

 

The date of the letter is 8th June 2007!!! There are also several errors in the spelling of my name and my address.

 

My name (allegedly!)

My address (allegedly!)

 

Dear XXXXX

 

NOTICE OF ASSIGNEMENT OF YOUR ACCOUNT XXXXXX

 

We are writing to inform you that your account has been sold to Cabot Financial Group P O Box 241 West Malling Kent ME19 4NA.

 

Your statutory rights under the agreement you signed with Nova Retail Financial will remain unchanged. However, you will need to ensure that you direct all of your enquiries and any payments concerning your account to Cabot Financial Group from now on. If you have any questions, please telephone Cabot Financial Group customer services on XXXXXXXX.

 

The outstanding balance is XXXXXXX

 

Caobt Financial Group will contact your shortly about your account.

 

Yours sincerely

 

Then some photocopied squiggle for a name!!

 

Customer Services Department

Hitachi Capital Consumer Finance (Formally (they need to learn how to spell and some grammar! LOL Nova Retail Finance)

 

I should mention here that I never received any notification from Hitachi Capital that my account had been sold to Cabot - this is definitely not a copy of the original letter - it's dated 8th June 2007!!

 

Any comments on this would be really welcome:)

 

Brassed Off

Link to post
Share on other sites

One thing at a time with Cabot my friend. Firstly, this letter from Hitachi - does it in any way look like it might be something Cabot made up with a John Bull set? or is it on PROPER Hitachi headed notepaper?

Link to post
Share on other sites

Brassed Off,

You may want to look at this thread http://www.consumeractiongroup.co.uk/forum/cabot/96536-help-responding-cabot.html in which a similar letter was produced.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Hi Andrew

 

Have studied the Hitachi letterheaded paper - think it is a John Bull set ;) ! Will scan and post shortly.

 

Hi Rory - will look at the "help responding to Cabot" once I've scanned the Hitachi letter.

 

Cheers!

Link to post
Share on other sites

Cheers Rory - have just read the Cabot thread you mentioned. So the NOA letter is no good as it has the wrong date on. The amount is net of the interest which has been added since then (about £450).

Link to post
Share on other sites

So the NOA letter is no good as it has the wrong date on.

Exactly ;)

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

I don't think you need to do anything about the interest they have added because you won't be paying it.

 

The deed of assignment is an equitable assignment of a chose in action (so is legally irredeemably flawed under the very Law of Property Act they quote).

 

The NOA is legally invalid.

 

They have not demonstrated in any way that they have any legal right to the alleged debt.

 

They have not provided a copy of the original credit agreement.

In McGinn v Grangewood Securities 2002 the Judge has this to say

It follows that in a case where there is no document signed by the debtor which contains all the prescribed terms of the agreement the court has no power to make an enforcement order

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...