djdave vs Cabot

[djdave]

Can I join the fan club?

My first thread on this forum was http://www.consumeractiongroup.co.uk...a-request.html , and since Trading Standards are now busy with ScotCall I thought I'd turn my attention to our good friends in Kings Hill.

Today I officially became a Cabot fan, receving this letter:

Dear djdave,

We have today contacted Barclaycard to order a copy of the original agreement (what? you didn't have it when you started chasing me? naughty naughty!) and hope to resolve this matter swiftly.

Although we anticipate a reply within the next 21 days (odd, the CCA says 12 working days) it can take up to 8 weeks if the information we require has been archived, and we therefore request your understanding in this matter (oh I understand alright. I just hope Trading Standards and the Financial Services Ombudsman are as understanding)

We are assisting you in providing a copy of the agreement but please note that we are not obliged to as we are not the creditor (my dear Cabot, you really need to read the CCA)

The current balance on your account currently (nice grammar, using current twice!) stands at £xxxx.xx, which includes accrued interest of £xxx.xx (I wasn't aware that Cabot could charge interest. Strange. That'll go in the complaint), and we have received no payments on the account. If you wish for a full statement of account prior to the date Cabot Financial purchased the account we suggest you contact Barclaycard directly (already done, I've SARd them as you can bet your life there's unlawful charges on my account)

Finally, we refute your suggestion that non-compliance with your request would be a criminal offence; the agreement would merely be unenforceable (again, Cabot really need to brush up on the CCA)

Yours sincerely,
Emma (I write in crayon) Robertson

Cabot Financial (Europe) Limited is licenced under the Consumer Credit Act 1974 (Not for much longer if everybody complains about their shoddy and criminal behaviour!)



Well, the clock is ticking. Let's see what the postman brings!

[Seahorse]

HOHO. Another one where they apparently aren't trying to argue the CCA doesn't apply to them.

Welcome officially to the Club!!!!

[Jeff2000]

Hello dj,


Just subscribing!

Watching with interest!


Regards, Jeff.

[djdave]

I spoke to Trading Standards about my Scotcall complaint today. When I told the guy what was in the Cabot letter he laughed. A lot.

Once they default, I'll be adding them to the complaint.

[Jeff2000]

Originally Posted by djdave

I spoke to Trading Standards about my Scotcall complaint today. When I told the guy what was in the Cabot letter he laughed. A lot.

Once they default, I'll be adding them to the complaint.

Hi,

Which bit did he laugh at!!?


Jeff.

[djdave]

Their "8 week" timeframe and their denial that non-compliance would be an offence

[Jeff2000]

Originally Posted by djdave

Their "8 week" timeframe and their denial that non-compliance would be an offence

Hi,

Ah, yes the old "it isn't an offence" bit!


You would think that they have never read the CCA 1974!


Jeff.

[djdave]

It's nearly Criminal Offence Day!

Clintons are missing a gap in the market...

[Jeff2000]

Originally Posted by djdave

It's nearly Criminal Offence Day!

Clintons are missing a gap in the market...

A very lucrative gap! This could be every day of the year!!!


Jeff.

[jaxads]

Can you imagine it ........... "Happy Criminal Offence Day" cards blue-taked around their offices.. We'd have to be careful not to sign the card with our signature though, just in case

We could send them balloons, banners and everything!!!!!

I cannot stop laughing now just thinking about it!!!!

[djdave]

Well today I received another letter from Scotcall, saying that "despite numerous attempts" to resolve this I still haven't coughed up.

Trading Standards and OFT duly notified

I've sent Scotcall this:

Scotcall Debt Collecting Services
SpectrumBuilding
3rd Floor
55 Blythswood Street
Glasgow
G2 7AT

17 May 2007

By recorded delivery, reference DL xxxxxxxxxxxxxxx

Dear Sir/Madam

Your reference: xxxxxxxxxxxx

I am in receipt of your letter dated 14th May 2007. I do not acknowledge any debt to your company or its clients.

As you will be aware, I wrote to you on 13th February requesting a copy of the agreement under which you believe this debt exists. This is my right under Section 78 of the Consumer Credit Act 1974, and Section 189 clarifies that you are under an obligation to comply whether or not you are the original creditor.

This letter included the Statutory Fee, and was signed for by L. Hamilton on February 16th.

To date I have received no reply. As you will know, Section 78 Subsection 6 of the Act states:

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the
agreement; and

(b) if the default continues for one month he commits an offence.

You will surely also be aware that guidelines published by the Office of Fair Trading preclude you from taking any collection action while the debt is in default or dispute.

As I do not recognise this debt, I have also sent a request to Cabot Financial asking for a copy of the agreement. They have indicated that they are attempting to obtain a copy of the agreement from Barclaycard, but as yet have not received a copy.

Therefore I was extremely disappointed to receive you recent letter demanding payment. I would be most interested in knowing more details about the “numerous attempts to resolve this matter” to which you refer, and would like your explanation as to why you are continuing to pursue this matter when you have ignored my legitimate attempts to clarify whether the alleged debt exists.

I have passed this matter to my local Trading Standards service, and will be forwarding them a copy of your latest letter. I shall also be passing details of this case to the Office of Fair Trading as I believe you are in breach of their guidelines on Unfair Practices in Debt Collection.

You should treat this letter as a formal complaint, and follow the procedures laid down by the Financial Ombudsman Service for dealing with complaints. Should I not receive a satisfactory reply, or should I receive no reply at all within 14 days, I shall pass this matter to the FOS for their investigation.

I look forward to your prompt reply.



Yours faithfully,

Idiots!

[djdave]

Scotcall have given up now but I do have one interesting question.

Cabot claim to be chasing up the CCA, but were able to send me a copy of the Notice of Assignment. It seemed odd at the time that it was undated, yet was printed on headed Barclaycard paper which was produced in June 05 - Cabot took over this alleged debt long before that.

Well now the poor chap from DHL has delivered me a box containing the results of the S.A.R - (Subject Access Request) I sent Barclaycard. It's amazingly detailed, and when I've finished with it will keep the local recycling centre busy for weeks.

However, there's no mention of this Notice of Assignment. None whatsoever.

A cynical chap might suggest that Cabot knocked it up themselves. Now of course I would never think such a thing, but what would be the implications if they had?

As an aside, there's no executed agreement in Barclaycard's reply, so good luck to Cabot getting their hands on one...

[ODC]

Originally Posted by djdave

A cynical chap might suggest that Cabot knocked it up themselves. Now of course I would never think such a thing, but what would be the implications if they had?

As an aside, there's no executed agreement in Barclaycard's reply, so good luck to Cabot getting their hands on one...

Call me a cynical chappie if you must. Two points sorry three points

1. It is not unheard of for the DCAs to have supplies of Financial Institutions notepaper:o

2. Check it very carefully it may be a cut and paste jobbie. Check in particular the ink colouring and typeface used. Is the typeface Barclays norm or more like Crapbots

3. No date on it. Cupid Stunts

[ScarletPimpernel]

Originally Posted by djdave

However, there's no mention of this Notice of Assignment. None whatsoever.

A cynical chap might suggest that Cabot knocked it up themselves. Now of course I would never think such a thing, but what would be the implications if they had?

I am currently awaiting delivery of a Notice of Assignment from one of the lickspittle DCAs Cabot use. The bank in question seem to have remarkable foresight, since they apparently managed to send a letter in 2000 to a company that did not exist until 2007!

The implication could be that Insp Knacker might be minded to view such documentation as part of an attempt to obtain money by deception (or conspiracy thereto).

On a serious note, I cannot believe that producing backdated documents in this way can be regarded as a legitimate business practice. Otherwise, people may be tempted to produce a few backdated invoices to Cabot for 'services rendered', and demand payment of them.

[ODC]

Originally Posted by ScarletPimpernel

I am currently awaiting delivery of a Notice of Assignment from one of the lickspittle DCAs Cabot use. The bank in question seem to have remarkable foresight, since they apparently managed to send a letter in 2000 to a company that did not