djdave vs Cabot

[djdave]

Woah woah woah! That's English for "stop a horse"

I think I may have found something very good here which I cannot believe I overlooked. Cabot have managed to do something which Barclarcard themselves couldn't, and provided some old copy statements.

One in particular is interesting:

Balance of last statement: £2160
Payment thank you £2160
Total of new transactions: £0
Balance of statement: £0

And this is dated November 2001. I've been through subsequent statements with a fine tooth comb and athough there are a few low-value transactions in 2003 there were no payments since this one in 2001. Does this mean what I think this means?

[ODC]

It means you should be writing Uncle Ken a Thank You and Goodbye letter.

[davidro99]

Funny isn't it, FIRE trade from the same location as Hodsons, who deal with all Cabot's rubbish and nonsensical claims.

My complaint to the OFT goes on Monday if I do not hear from ken promising my cheque for £500.00 for taking me to court, then admitting I was the wrong debtor.

Poor them.

[djdave]

Originally Posted by ODC

It means you should be writing Uncle Ken a Thank You and Goodbye letter.

Something like this, perhaps?

I am in receipt of your letter dated 15th May in response to my formal complaint to Financial Investigations and Recoveries Europe Limited (“FIRE”). I find it regrettable that FIRE have chosen not to respond directly.

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

With regard to the Barclaycard account in dispute, I note from the statements enclosed with your response that the last payment made to this account was the sum of £2160.00 on the 16th November 2001. Since that time no further payments have been made to this account.

I note also that in your colleague Emma Robertson’s letter of 16th April 2007 she confirms that Cabot “have received no payments on this account”.

Take note therefore that the Limitation Act 1980 prevents you from taking any further action regarding this account.

Furthermore I draw your attention to guidelines published by the Office of Fair Trading regarding unfair practice in debt collection, specifically section 2.14 which states:

continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970.

Should you continue with your attempts to act on this alleged debt I shall have no choice but to raise my concerns with Trading Standards and the OFT, as well as bringing details of this case to the attention of the specialist and general media.

I would also regard any further attempts to collect this alleged debt as a breach of Section 1 of the Protection from Harassment Act 1997 and report such action accordingly.

You should also treat this letter as a formal notice under Section 10 of the Data Protection Act 1998 that all companies within the Cabot group should now cease storing, processing or sharing my personal data. At no times have I ever consented that Cabot may store or process such data, and I contend that within the definitions of the Data Protection Act such processing is unjustified. Indeed, such processing is likely to cause me damage or distress.

You should pass a copy of this letter to your group’s Data Controller and remind them that they have, by statute, twenty-one (21) days in which to give written notice EITHER that they have complied with this Notice; OR the extent to which they intend to comply with this Notice (if at all) and explaining the part or parts of this Notice which they consider unjustified in any way.

Should I not be satisfied with your Data Controller’s response, or should I receive no response, I shall report the matter to the Information Commissioner’s Office.

I look forward to your prompt response.

Yours faithfully,