Fred Bassett v Cahoot

[Fred Bassett]

Hi all,

I'm posting this just to see if anyone has any comments. Personally, I can't see anything wrong with it. The only odd thing is that their signature is dated more than 2 weeks before mine. Not quite sure how that happens but there you go.

Fred

[citizenB]

bump x

[Fred Bassett]

I'm bumping this one because it's just been sold on to Cabot. I'm expecting a bit of trouble. I haven't increased my payments on this for 2 years and Cabot seem to have assumed that I'm still on my DMP. Also, Cahoot weren't adding any interest.

I've assumed all along that this one was OK and have happily paid, but I'd be grateful if somebody with an expert eye could have a look at this agreement just to check. I've never Subject Access Request'd Cahoot - should I do so now? Cahoot were one of the better people to deal with, at least in my case, so I never wanted to rock the boat. I don't remember ever seeing a copy of a default notice so it would be interesting to see if there is one and if so, if it was properly served.

One thing that intrigues me is that there is something on the agreement about it transferring to ANCL (Abbey National Cahoot Ltd.) once the agreement is signed - yet the NOA has come from Cahoot. I have no idea if this has any bearing on anything.

Regards to all.

Fred

[Fred Bassett]

I've noticed already that there is a discrepancy between what Cabot claim is the outstanding balance and what this balance is according to my online Cahoot statement. It amounts to exactly 2 payments. Sor according to the letter I've got from Cahoot and Cabot (both in the same envelope), on the 11th November when the loan was apparently assigned, they had not taken into account the payments I'd made in October or November.

I don't trust Cabot and not surpisingly I think something funny is going on.

Fred

[saintly_1]

Thread moved to DCA Forum as requested

[Fred Bassett]

Originally Posted by saintly_1

Thread moved to DCA Forum as requested

Thanks Saintly.

Regards.

Fred

[ScabHunter]

Keep those letters you got in the same envelope. I am assuming that the "Notice of Assignment" from Cahoot was just another Crapbot fake. They usually are.

When you mention in post #3 that the NOA has come from Cahoot, do you mean you've got a genuine one as well as the one in the Crapbot envelope?

I think sending a Subject Access Request to Cahoot would be sensible at this stage. You can never have too much information when dealing with Crapbot.

It is a strange agreement. It says it is a flexible loan, yet it reads more like a credit card. It mentions balance transfers and withdrawals. Did you have a cash card to draw money out of a machine?

I am assuming this would be covered by the rules on running accounts. We certainly need an expert to give that agreement the once over.

SH

[Fred Bassett]

Thanks SH, don't worry, I've no intention of getting rid of the envelope. Yes, the Cahoot letter did come in the same envelope, but it doesn't look like a bad copy.

The other thing, again I don't know how bearing this has, is that Cahoot didn't send me any Ts & Cs. I was just doing the Subject Access Request letter to Cahoot when the notification came up of your posting. I am trying to find the best way of telling them that I don't just want a list of charges, but EVERYTHING - any suggestions?

Regards.

Fred

[Fred Bassett]

I think this should probably do it:



Cahoot,
PO Box 968,
Bradford,
BD1 9EL.

29th November 2008

Data Protection Act 1998
Subject Access Request

Dear Sir/Madam

ACCOUNT NUMBER:xxxxxxxxxxxxxxxxxxx

Please supply me with a complete list of transactions, charges and any other correspondence relating to my banking history with your organisation. I must stress at this stage that simply sending me a list of charges or copy statements will not be acceptable. I require ALL information that you have in relation to this account.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

I would be happy to collect the Data from my local branch.

Yours faithfully,



Fred Bassett

[ScabHunter]

This looks like a pretty complete Subject Access Request letter -

Data Protection Act 1998
Subject Access Request


Dear Sir/Madam


ACCOUNT NUMBERS: xxxxxxxx and xxxxxxxx-x

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the account Numbers xxxxxxxx and xxxxxxxx-x

The following is by no means an exhaustive list but in the main this is what I require.

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

Additionally, all records you hold on me relevant to these accounts, including but not limited to:

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the accounts.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

11. A copy of all account statements for the duration of the agreement.

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.

Any Other information relating to these accounts

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.


Yours faithfully,

xxxxxxxxxxxxxx


SH

[Fred Bassett]

Cheers SH, that will do nicely!

Regards.

Fred

[Fred Bassett]

I've got a number of things spinning around in my head at the moment regarding this.

Firstly, I am almost certain that I didn't receive a default notice from Cahoot, yet the account was apparently defaulted in Feb. 2006 according to my credit file. I have kept every piece of correspndence relating to my debts diligently since I first started on my DMP and I have not received this default notice. What is the significance of this, if any?

Secondly, I am puzzled why Cabot think the amound due is higher than Cahoot do. I don't think Cabot have added to the amount, because the difference is relatively small and represents exactly 2 payment of the amount I have been paying. This seems to suggest that Cabot got hold of this earlier than they have told me. I'm trying to work out if there is any significance to this too, so any suggestions would be appreciated.

Thirdly, I understand that if this is an 'equitable' assignment, that Cahoot have no power to add interest to the account. How would I find this out? It has been suggested that I CCA them and that if they say they'll do it but they don't have to, then this would imply that the assignment is equitable. Is there a better way because this sounds a bit woolly to me. Also, I don't want to rock the boat yet as far as Cabot are concerned.

Lastly, if any expert could cast their beady eye over this agreement then I would be most grateful. Again, significance-wise, I can't quite understand the difference between Cahoot and ANCL and whether or not this is important. For instance, should the assignment to Cabot come from the orignal creditor or the substiture creditor?

Regards.

Fred