djdave vs Cabot

[djdave]

Just an update, such as it is, before I go on holiday. I sent the above letter and have had two seperate "Please bear with us while we investigate your complaint" replies.

So I've sent them this:

Jane Rodemark
Customer Assurance Team Leader
Cabot Financial Europe Ltd
10 Kings Hill Avenue
Kings Hill
West Malling
ME19 4LT

By recorded delivery, reference DL xxxxxxxxxGB

6 August 2007

Dear Ms Rodemark,

Your reference: Xxxxxxxxx

For the avoidance of doubt, I do not acknowledge any debt to you or your clients.

You will recall that you are in receipt of a Data Subject Notice dated 25th June 2007, a copy of which is enclosed for your ease of reference.

This was signed for on the 26th June since when I have received two letters from you, both stating your intention to deal with this within 10 working days. In both cases the 10 working days have elapsed without resolution.

I would draw your attention to Section 10, subsection 3 of the Data Protection Act 1988 (Data Protection Act) which states:

(3) The data controller must within twenty-one days of receiving a notice under subsection (1) ("the data subject notice") give the individual who gave it a written notice-

(a) stating that he has complied or intends to comply with the data subject notice, or

(b) stating his reasons for regarding the data subject notice as to any extent unjustified and the extent (if any) to which he has complied or intends to comply with it.

While I can appreciate that you may feel that you need time to investigate this matter, you will equally appreciate that the Data Protection Act is clear in its timescale, and that you have now exceeded this statutory period.

You have therefore committed an offence under the Data Protection Act, which I intend to report to the Information Commissioner’s Office and the Financial Ombudsman Service.

I shall also be reporting your breach of the Consumer Credit Act 1974 to the FOS as you have failed to furnish me with a copy of an executed agreement, thus committing a separate offence.

Your flagrant disregard for two pieces of legislation at the core of your business lead me to question your suitability to hold a Consumer Credit Licence, and I shall be making my concerns known to the Office of Fair Trading.

I will be on holiday until August 12th. On my return I expect to find your written acknowledgement that you have acted on my Data Subject Notice, otherwise I shall commence action with no further warning through the County Court for breach of the Data Protection Act, plus costs.

I look forward to your prompt response.

Yours faithfully,

Let's see what (if anything) they say to that!

[ODC]

Jane Rodemark funny name that

Guess while you are enjoying a few beers on hols Jane's week will be ruined. You have put the onus on her and trust her name will feature on any court papers you may issue

Lucky Mark

[Seahorse]

I think she's taken over from Patrick Hill. I wonder if he got promoted, demoted, or shifted sideways?

[djdave]

Well, all that was waiting for me on my return was another letter explaining that they were invistigating and hoped to have an outcome within 10 days.

Bless 'em.

Now I've reported them to the OFT (below) and will be starting court proceedings next week.

Consumer Credit Licensing
Room 1C/5
Office of Fair Trading
Fleetbank House
2-6 Salisbury Square
London
EC4Y 8JX

16 August 2007

Dear Sir / Madam,

I would like to bring to your attention my experience with Cabot Financial (Europe) Limited, who in my opinion have shown themselves unfit to hold a Consumer Credit Licence.

They initially contacted me through a third party called Scotcall Debt Collection back in February of this year, claiming that I owed them £xxxx.

Having no idea what this could be, I contacted Scotcall and asked for copies of the relevant documentation.

Scotcall referred me back to Cabot, who I also noticed had placed a default on my credit file. I therefore contacted Cabot asking for a copy of the paperwork they were relying on. This was back on April 2nd, since when all I have received from them are several letters asking for my understanding while they investigate.

As you will know, the Consumer Credit Act is clear that a creditor has 12 working days to supply a copy of an agreement before they are in default. If the default continues for more than a month they commit an offence. I have brought this to Cabot’s attention but they have denied any wrongdoing.

They did however send me what they claimed to be a Notice of Assignment which would have been sent from Barclaycard, the original creditor. This is clearly a forgery, not even a conjectured reconstruction, as Barclaycard do not have any record of sending such a document. This I believe is tantamount to fraud.

As it is clearly obvious that Cabot have been attempting to collect a non-existent debt with no paperwork to back up their claim, I sent them on June 25th a Data Subject Notice requiring them to cease processing my personal data, and to instruct third parties (ie the Credit Reference Agencies) to rectify my data.

The Data Protection Act is clear that a data controller has 21 days to respond to such a notice, and yet all I have had from Cabot, despite me sending them a reminder, is a letter again asking me to remain patient while they investigate.

I have had to resort to threatening them with legal action, and will have no hesitation in bringing proceedings in the County Court to force them to comply with the Data Protection Act.

I believe that their behaviour, including their flagrant disregard for two pieces of legislation at the core of their business, calls into question their suitability to hold a Consumer Credit Licence, and I would be most interested in your comments.

Please do not hesitate to contact me should you require any further information, including copies of any correspondence in this matter.

Yours faithfully,

[pmhcfc]

Originally Posted by djdave

Well, all that was waiting for me on my return was another letter explaining that they were invistigating and hoped to have an outcome within 10 days.

Bless 'em.

Now I've reported them to the OFT (below) and will be starting court proceedings next week.

Super stuff !!

[djdave]

I've decided not to go down the Court route - for now. This morning I've had fun filling in the FOS complaint form and sending it off with a nice big bundle of evidence as it's been over 8 weeks since Cabot acknowledged receipt of my complaint and then fobbed me off.

I figure it will be less hassle for me, and a £400 slap for Cabot this way.

In my complaint I've raised their non-compliance with the Consumer Credit Act, non-compliance with Section 10 of the Data Protection Act, and their failure to resolve my complaint within 8 weeks.

If you're reading this Uncle Ken, you need to know that I'm not letting this lie until I get my default removed and you stop processing my data, however I achieve these aims. You've probably worked out who I am by now, so go on - I dare you, I double dare you - take me to court if you still think I owe you money.

[djdave]

Now it gets interesting, and I would appreciate some help!

This morning I've had a lovely letter from Cabot apologising for the delay (bless) and forwarding a very bad photocopy of a fax of an application form from Barclaycard, along with a completely flawed letter explaining its legality.

Here's the letter

Page one: http://i152.photobucket.com/albums/s...07/cabotp1.jpg

Page two: http://i152.photobucket.com/albums/s...07/cabotp2.jpg

And the application form:
http://i152.photobucket.com/albums/s...7/cabotapp.jpg

First thoughts? Well, the application form is damn near illegible, in fact I've cleaned it up before posting it here. That's by-the-by, it's the content which matters.

What content? I cannot see any prescribed terms, any signature from Barclaycard, and notwithstanding Cabot's assertion that it's an agreement, I can clearly see "Barclaycard Application" at the top-left.

Turning to their letter, they state that they purchased the account "on or about 15th April 2005". Interesting then that the undated Notice of Assignment they initially sent me is on headed paper which was itself only produced in June that year. Not that I'd ever suggest it was anything other than genuine, you understand.

They then go on to repeat their claim that they had no obligation to supply an agreement - could somebody please clarify s189 to me in case I'm wrong?

Cabot then go on to restate their assertion that they have, in fact, satisfied their obligations. I'm sure they have not.

Then they dismiss out of hand my Data Subject Notice, claiming that I've quoted a wrong subsection. If this is correct (and the notice is further up this thread) then it's only on a follow-up letter, not on the Notice itself. Surely that doesn't give them the right to ignore it?

I'm thinking that my next move should be a simple letter back asking them to clarify a few points, something like this:

------------------------------------------------------------

Dear Cabot,

Thank you for your letter dated 22nd August. For the avoidance of doubt I do not acknowledge any debt to you or your clients.

I would be grateful if you would clear up the following points with regard to this alleged debt.

1) Is the document enclosed with your letter the same document you are relying upon to satisfy yourself that the alleged debt is genuine?

2) Was the Notice of Assignment you sent me in April this year a true copy of a document which was provided to you by Barclaycard?

3) Notwithstanding that in a subsequent letter chasing you up I may or may not have mentioned an incorrect subsection of the Data Protection Act, the original Data Subject Notice remains outstanding and therefore you have committed an offence. Do you intend to comply with the Notice at all?

4) I originally requested a copy of the executed agreement on April 2nd. Taking into account the text of the Consumer Credit Act which states that a creditor should provide this within 12 working days, and s189 which defines "creditor", could you please explain why it has taken over four months for you to send any documentation?

5) You claim that the debt was bought by the Cabot Financial Group. Please clarify whether you mean the limited company Cabot Financial Group Ltd (company registration number 05754978 ), or another company within this group and if so which one(s). For the avoidance of doubt please provide the company registration number(s).

6) Please provide me with the details of all third parties to whom the company mentioned in your answer to question 5 has passed my data, including any other companies within the Cabot Financial Group. Please also provide evidence of my consent to do so.

As these are simple questions, I would expect your answer within fourteen (14) days.

Yours....

---------------------------------------------------------------------------------------------------------

As I say, I'd really appreciate CFC's input with this.

[djdave]

I've got a cheque from Cabot!

Sadly it's only £1, but I'm framing it anyway. It came along with this letter:

I am aware you have paid the £1.00 fee required, under section 78 of the Consumer Credit Act. As explained in our letter dated 22nd August, there is no duty for Cabot to comply with this section, as Cabot is not the creditor this have [sic] been refunded as it was processed in error. Therefore please find attached a cheque for £1.00.

In the meantime please do not hesitate to contact us on 01732 524723 blah blah blah....

So where does that leave me? With an unenforcable application form and a DCA which believes that neither the Consumer Credit Act and the Data Protection Act apply to them.

I'm still not 100% sure of my next move, and I'd appreciate if someone would look at my previous post and give some advice

Thanks,
Dave

[ODC]

Cannot not see how Crapbot can go to Court with this one as they have failed to prove any debt actually exists. Obviously Ken's trying to muddy the waters. Im sure some of the 'experts' will be along to supply you with a Dear Ken letter.

such as

Dear Ken

The CCA applies to Crabot.

You are now in default and have committed a summary offence. As you do not appear to know your bum from your elbow I look forward to having the legality or otherwise of your argument decide by the Courts.

I am just goiing by advice received from the OFT and TS who state No CCA = No enforceable agreement = No Debt

[Seahorse]

The Cabot Financial Group is NOT the assignee of the account. That dubious honour belongs to Cabot Financial (UK) Limited. And what's all this bollix "the original copy may not be available to Cabot via Barclaycard. Barclaycard has supplied Cabot with a copy of the original"????

Either they have or they haven't. It certainly does not satisfy all requirements, the nonsense they HAVE sent you.

I wouldn't worry about trying to get them to admit the CCA applies to the. They'll never admit it. But it doesn't matter, because without an agreement, they are shafted. As Lizzy will testify.

As for your typo mentioned regarding the Data Protection Act notice, simply amend and resend.

What the heck was she smoking when she wrote that pile of excrement???

[rory32]

And what's all this bollix "the original copy may not be available to Cabot via Barclaycard. Barclaycard has supplied Cabot with a copy of the original"????

Perfectly straightforward. Barclaycard won't give them the original document (indeed this may no longer exist in it's original paper format). They will however give them a copy of the original (which is probably all Barclaycard hold in their system) such as a print out or photocopy.

I think the game is given away by the stressing of "if any" in the letter. This is the closest to an admission of we don't have a copy of the credit agreement that you will get from them - here's a copy of your application form.

[Seahorse]

When they start to insist the application form IS the the agreement, that's when you'll know they have nothing else. And they will.

[djdave]

Hey, Uncle Ken, I received an acknowledgement letter from the FOS today.

They sound like very nice people.

[Seahorse]

I think I shall start my new complaints against Cabot and Barclaycard to the Information Commissioners Office today too. I can get my initial complaints done online, then follow up with paperwork when I get home next week.