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    • If you are buying a used car – you need to read this survival guide.
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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.

      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
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My first cabot letter


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I received the " we have purchased monument debt " letter from cabot yesterday and considering that i had never heard of the company before i decided to do a bit of research about them and came onto the net

 

low and behold i came across this site and loads of other people who are having run ins with them.

 

theres a couple of questions that i raise

 

1) what percentage of truth is there that cabot have "brought" the debts for considerably less than what i originally owe monument ? if this is the case then surely as cabot have not incured the amount financially they cannot claim that amount from the me concerned ?

2) i have got a dispute with monument which they have never sorted out. I was on a agreed payment monthly scheme with them and they added 2 lots of interest charges even though they agreed to freeze the interest and late payment and over limit fees charges - do i pursue monument becuase i think that will refer me back to caboot in any event

3) there was mention of requesting a copy of the original credit agreement from cabot - do i have to pay for this ?

4) do i still continue to make the agreed payments to monument in the meantime ?

 

thanks - im newbie on here:)

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Kill Bill, welcome to the inner circle of the friends of Cabot. You will be guided like a digitally pointed missile directly into the heart of the Cabot Towers and shown around. You will be taught exactly how to challenge Cabot on every step they make, you will engage in letter writing, the likes of which you have never seen I'd imagine and one's which will give Herr Maynard and his merry men a job to do for a number of weeks if not months, so, sit back, and wait for the cavalry to arrive shortly. You will have the experience of a lifetime, be introduced to characters with the dexterity of Spiderman and the scheming of the Artful Dodger. Just wait my friend and welcome onto the merry-go-round of a lifetime....

 

Sarah

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Welcome to the club - come enjoy the ride...Me? I too am Cabot/Monument .. I'm still waiting for the reply to my CCA request of February ..Monument seem to have decided to NOT reply to my queries re this, I asked them pretty tough questions (not)...Still , life in here is fun...enjoy it ;-)

Just hate every DCA out there

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Yup. Welcome indeed. It seems that original creditors have selective deafness when it comes to being asked awkward questions once they've thrown you to the mercy of these bandits.

 

The usual advice would be to read all the relevant threads. But I suggest you break this task down into bite sized chunks, as they have grown somewhat LARGE. But well worth the effort, I feel. specially Debt Mountain and tBern123's threads.

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I received the " we have purchased monument debt " letter from cabot yesterday and considering that i had never heard of the company before i decided to do a bit of research about them and came onto the net

 

low and behold i came across this site and loads of other people who are having run ins with them.

 

theres a couple of questions that i raise

 

1) what percentage of truth is there that cabot have "brought" the debts for considerably less than what i originally owe monument ? if this is the case then surely as cabot have not incured the amount financially they cannot claim that amount from the me concerned ?

2) i have got a dispute with monument which they have never sorted out. I was on a agreed payment monthly scheme with them and they added 2 lots of interest charges even though they agreed to freeze the interest and late payment and over limit fees charges - do i pursue monument becuase i think that will refer me back to caboot in any event

3) there was mention of requesting a copy of the original credit agreement from cabot - do i have to pay for this ?

4) do i still continue to make the agreed payments to monument in the meantime ?

 

thanks - im newbie on here:)

 

Hello,

 

First thing I would recommend is read this quick overview

http://www.consumeractiongroup.co.uk/forum/cabot/73598-dealing-cabot-101-a.html

 

Secondly send the following letter,

 

 

 

 

Mr Ken Maynard

Cabot Financial (UK) Ltd

10 Kings Hill Avenue

Kings Hill

West Malling

Kent

ME19 4LT

 

 

Dear Mr Maynard

 

 

Your Ref:

 

 

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

 

Regards

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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when the phone calls start,

 

send the following email to

cabotcustomer@cabotfinancial.com

 

and cc it to:

 

kmaynard@cabotfinancial.com gcrawford@cabotfinancial.com ntodd@cabotfinancial.com cbowyer@cabotfinancial.com WWellinghoff@cabotfinancial.com

 

 

Mr Ken Maynard

Cabot Financial (UK) Ltd

10 Kings Hill Avenue

Kings Hill

West Malling

Kent

ME19 4LT

Dear Mr Maynard

 

 

Your Ref:

 

Further to the numerous telephone calls I have received from representatives of your company. I would like to take this opportunity to request that all attempts to contact me, via telephone stop. Please accept this letter as confirmation that any future telephone calls will be recorded.

Cabots' behaviour constitutes harassment; I require all communications in writing for possible future Court use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

 

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this email an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office.

 

This type of debt collection method is contrary to the 'Administration of Justice Act 1970' in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated.

 

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

I would like to take this opportunity to thank you for your time and assistance in relation to this matter.

 

 

 

Regards

 

 

 

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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As Seahorse said take some time to read the other threads and remember if in doubt post a question here.

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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1) what percentage of truth is there that cabot have "brought" the debts for considerably less than what i originally owe monument ?

100%

 

if this is the case then surely as cabot have not incured the amount financially they cannot claim that amount from the me concerned ?

 

Actually they can, but only if they can substantiate the alleged debt.

 

Send the letter that tbern has suggested and wait for cabot to default (12 working days after receipt of your request). Once they have defaulted you can withhold all payments until an enforceable copy of the agreement is 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.

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Oh, are you now in the warm wonderful hands of Cabot ODC?

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.

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  • 2 weeks later...

ok what also i wanted to know was consdering iswas making monthly payments to monument on a agreed montly payment plan - irresepctive of that fact that they have sold the debt to crapoot :-0, are people here still paying monument direct the agreed montly plan or not paying anything at all ?

 

thanks

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Oh, are you now in the warm wonderful hands of Cabot ODC?

 

Yes I was feeling so left out. Im just at the early stage of their threat system at the minute. Its one that is almost certainly SB so I will let them waste a few more weeks of threats to me before pulling the plug. It beats me why they buy these very old debts when they should realise that someone who hasnt acknowledged them despite numerous threats from the whole range of DCAs is hardly going to buckle at the first threat from Crapbot:roll:

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I have never paid cabot anything. Once they default on supplying the credit agreement you should withhold all payments to monument.

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.

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