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    • Firstly, I would like to thank everyone for their help in this matter. Since my last post I have received a reply from Plymouth Council Insurance Team concerning my wife’s accident (please see enclosed letter and photo of the offending Badminton post) which they deny any responsibility for the said accident. I feel that the Council is in breach of their statutory duties under the following acts: The Leisure Centre was negligent in its duty of care and therefore, in breach of the statutory duty owed under section 2 of the Occupiers’ Liability Act 1957. Health and Safety at Work Act 1974 (the Act) to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees, and others who might be affected by its undertaking, e.g. members of the public visiting the Leisure Centre to use the facilities. The Management of Health and Safety at Work Regulations 1999 that requires employers to assess risks (including slip and trip risks) and, where necessary, take action to address them. The Provision and Use of Work Equipment Regulations (PUWER) require the risk to people’s health and safety from equipment that is used at a Leisure Centre be prevented or controlled. I would like some advice to see if my assumptions are correct and my approach to obtaining satisfactory outcome to this matter are accurate. Many thanks   PLM23000150 - Copy Correspondence.pdf post docx.docx
    • Talking to them does not reset the time limit, although they will probably tell you it does, they'd be lying. Dumbdales are the in-house sols for Lowlife, just the next desk along. If Lowlifes were corresponding with you at your current address then Dumbdales know your address. However, knowing that they are lower than a snake's belly, you would be well advised to send them a letter, informing them of your current address and nothing else. Get 'proof of posting' which is free from the PO counter, don't sign it, simply type your name. That way then they have absolutely no excuse for attempting a back door CCJ.   P.S. Best course of action, IGNORE them, until or unless you get a claim form......you won't.
    • A 'signed for' Letter of Claim has been sent today so they have 14 days from tomorrow... Lets wait and see what happens but i suspect judging by their attitude they wont reply 
    • I am extremely apprehensive about burning our files.... I do not know why, so it is becoming an endless feedback loop. Scared to pull the trigger to speak in the desire not to mess up my file. 
    • Hi All, So brief outline. I have Natwest CC debt £8k last payment i made was 7th November 2018 Not a penny since. So coming up to the 6 year mark. Can't remember when i took out the  credit card would be a few years before everythign hit the fan. Moved house 2020 - updated NatWest as I still have a current account with them. Then Lowells took over from Moorcroft and were writing to me at my current address. I did get a family member to speak to them 3 years ago regarding the debt explained although it may be in my name I didn't rack it up then went contact again. 29th may received an email from overdales saying they were now managing the debt. I have not had any letter yet which i thought is odd?  Couple of questions 1. Does my family member speaking to lowell restart statute barred clock? 2. Do you think overdales aren't writing to me because they will back door CCJ to old address even though Lowells have contacted me at current address never at previous? ( have no proof though stupidly binned all letters  ) Should I write to them and confirm my address just incase? Does this restart statute barred clock? 3. what do you think best course of action is?   Any help/advice is appreciated I am aware they may ramp up the process now due to 7th December being the 6 year mark.   Many Thanks in advance! The threads on here have been super helpful to read.  
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Cabot and me... what next?


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  • 2 weeks later...

well, the 30 days are more or less gone, and all I got was the application form.

 

I noticed that was sent with a Rugby address on the rear of the envelope (return addy), so does this mean they've passed me on to their solicitors now? Is that the next stage?

 

Because the alleged debt is statute barred in 9/10 months or so, does that mean they'll step up the chase, even without a fully executed agreement?

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well, the 30 days are more or less gone, and all I got was the application form.

 

I noticed that was sent with a Rugby address on the rear of the envelope (return addy), so does this mean they've passed me on to their solicitors now? Is that the next stage?

 

Because the alleged debt is statute barred in 9/10 months or so, does that mean they'll step up the chase, even without a fully executed agreement?

 

 

MORE THAN LIKELY !!! You probably going to make friends with the Hodsons geezers now !!!

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  • 2 weeks later...

I've had a wonderful letter (I must see if I can get round to scanning it and putting it up on here for all and sundry to read)! All proper headed paper, and signatures in ink! Lovely!

 

All the usual tripe: Cabot are not the creditor, but the new assignee of the debt, and the CCA request and £1 should have been sent to the OC :D

 

They state that the application form meets all the requirements of both the OC and Cabot :D :D

 

And they state that they have no obligation under section 77 and/or 78 to supply ANY information :D :D :D

 

"Although the original copy may not be available to Cabot, they have supplied Cabot with a copy which satifies all requirements of both Cabot and the OC. Under the CCA it states the creditor... shall give the debtor a copy of the executed agreement (if any)" and stress the words 'if any'.

 

 

I just love the way in one sentence, they claim to be known as 'the assignee' but then in the next, be satisfying their duties as 'the creditor' in supplying copies of application forms (oops, sorry, I mean Agreements)

 

they can shove it up their sweaty, smelly little ar$es

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PRICELESS AREN'T THEY? :D :D

 

Don't you just love the way one paragraph says one thing - then further down they say something totally different?

 

Time they designed some new cut & paste letters - seems they just have a bundle of paragraphs and who ever replies just fills the page regardless of what the paragraphs say.

 

Maybe they just don't like leaving spaces on the page - so just fill page with any old twaddles? ;)

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You know the old saying about an infinite number of monkeys and an infinite number of typewriters... :p

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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In this case, they seem to confirm what you already know. By saying "if any", and not producing one, they have confirmed there ISN'T one.

 

So, Cabot. You may only pursue this with the backing of a properly executed CCA, IF ANY. If NOT? Well, I think you might be leaving yourself wide open to more court action. If any. ;)

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They obviously don't re-read their letters before rushing to get them out in the post! How terribly shoddy and unprofessional!

 

Elizabeth1, they do seem to like leaving spaces on pages, there was a great big blank on the application form they sent to me... :D

 

After my next reply, I wonder who I'll be passed on to? And how many times they can keep explaining away the same twaddle, but make it sound a bit different! Will this carry on indefinately?

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They obviously don't re-read their letters before rushing to get them out in the post! How terribly shoddy and unprofessional!

 

Elizabeth1, they do seem to like leaving spaces on pages, there was a great big blank on the application form they sent to me... :D

 

After my next reply, I wonder who I'll be passed on to? And how many times they can keep explaining away the same twaddle, but make it sound a bit different! Will this carry on indefinately?

 

This stuff is just an example of how crap their staff training and development really is. It appears these staff don't think for themselves and there is no sign of any "quality control" and double checking going on in there.

I have never seen such shoddy misrepresentation so apparent in any company before.

This just represents how this companies "Mission Statements" as per their website is such B*llSh*t - what we are all seeing is contradicting their statements. It's hardly ETHICAL that this company send such rubbish out to their alleged customers is it?

 

I reckon the whole Management and Training team need a butt kicking to make them perform in their roles. Then perhaps some of the professionalism just MAY rub off on the monkey doing the Admin. But it's something that needs to start at the top of this organisation with the Directors and Managers and it will then cascade downwards. They need to lead by example.

 

What we are seeing is a sign that the Directors and Management are NOT good managers and their shoddy ways are filtering downwards to the lower levels of staffing. If the Directors & Managers don't care what is going on - why will the lower levels of staff care? Answer is they will become as uncaring as the Managers and Directors.

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Elizabeth, how right you are - it's time these people (and the rest of their industry) were audited regularly to establish that their policies and procedures were correct or in fact legal. I work in the manufacturing sector (albeit in an HR capacity) but we are subjected to various audits (BSI etc) where we have to prove we follow procedures correctly. If we weren't we would not be allowed to produce certain goods - this would hit our pockets - so obviously we comply. If this is not already happening in the debt colleting sector then it should be!!!!!!!!!!

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Fortunately Ell-enn, the tide is slowly turning. The FOS have recently been given new powers to follow up complaints which are not satisfactorily resolved, and I for one have taken the opportunity to complain about Cabot. It hits them where it hurts: they pay £400 for the honour of being investigated!

 

I don't think the DCAs appreciate how determined consumer groups like this are. Put it this way: two years ago, the banks weren't scared of us... ;)

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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I know - great innit! like a mini revolution - I for one would quite happily knit at the side of le guillotine..... Off with their heads!!

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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It does not surprise me in the least that Cabot's practises are shoddy. All the directors are interested in is making a fast buck as aggressively and as easily as possible. End of story. They can wrap it up that they treat their ahem cleints with respect and are industry leaders and all that rowlocks but they are just grubby little debt collectors who prey on human misery. End of story.

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  • 9 months later...

well hi everyone, not been on here for a while, but I'm still a member! I hope they aren't giving too much misery? Cabot have passed me on to our friends at FIRE, so I've progressed down the hallway by a few offices! They must be getting desperate! I've told FIRE to naff off but they dont seem to be taking the hint at the moment!

 

They are threatening court action on the strength of an application form...and one that is well over 6 years old at that...silly silly cabot!

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well hi everyone, not been on here for a while, but I'm still a member! I hope they aren't giving too much misery? Cabot have passed me on to our friends at FIRE, so I've progressed down the hallway by a few offices! They must be getting desperate! I've told FIRE to naff off but they dont seem to be taking the hint at the moment!

 

They are threatening court action on the strength of an application form...and one that is well over 6 years old at that...silly silly cabot!

 

Well done, lets hope they use Hodsons :grin:

 

 

Sarah

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Well done, lets hope they use Hodsons :grin:

 

 

Sarah

he-he! already had letters off them too, before this! I gave them the cabot fan club two fingered salute as well!

 

the clock is ticking away, it's just a matter of time before I deal the final blow... awaiting the next letter; will it be Cabot, FIRE or Hodsons this time I wonder :rolleyes: Let's let them look at the file and they can tell me if what they are chasing is statute barred or not. But chances are, they wont be able to, because they haven't got anything in that file other than an application form!

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