Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default Cabot v Windywoo - HELP-SD ISSUED *** WON + COSTS ***

    I would also love to join the Cabot club!

    I received their "Hello" letter yesterday, they have bought a credit card debt which I could not afford to pay from Barclaycard/Littlewoods.

    Following the invaluable advice on this forum, I had already CCA'd Littlewoods at the end of May. They responded with the unsigned application form, no T&C,'s or statement of account, and as they hadn't come up with the goods, I was biding my time!

    I will CCA Cabot in the meantime, no doubt they will come up with the same document.

    I have sent off my SARicon request, and have received all statements, but as yet haven't had the time to start my claim.

    Reading through the other threads, looks like they can be tough, so I may need some help!!

    Similar Threads:

  2. #2
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    Default re: Cabot v Windywoo - HELP-SD ISSUED

    Sounds like you are doing fine on your own. But I think you need to expect to have to take Cabot to court at some stage. They just don't admit when they are wrong.


  3. #3
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    Default re: Cabot v Windywoo - HELP-SD ISSUED

    Thanks Seahorse, I've just had a phone callicon the number is 08009172225. Of course I didn't answer it, but did a bit of research via the "Say No To 08700" web site, and yes it's our friends Cabot!

    Fortunately I've got Call Barring, so hopefully will not be receiving any more of their calls, unless they have other tactics up their sleeves, like Capital Oneicon, whereby they use at least six different numbers. We shall see!!


  4. #4
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    Default re: Cabot v Windywoo - HELP-SD ISSUED

    I have been looking at the "deed of assignment" they sent me with their hello letter. It quite clearly looks as if it's one they have produced themselves, the format of the letter looks nothing like the ones you get from Barclaycard and to top it all the account number is incorrect!

    Your advice please!!:-?


  5. #5
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    Default re: Cabot v Windywoo - HELP-SD ISSUED

    Keep it for later. That's enough to question the assignment in itself.

    To be fair to Cabot, they do stop phoning on request. They may not like it, but they do.


  6. #6
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    Default re: Cabot v Windywoo - HELP-SD ISSUED

    Just an update!

    Sent the CCA request on Monday recorded delivery.

    At work yesterday morning, and lo and behold, a phone callicon from a company calling themselves Cabot!!

    The male individual on the other end of the line sounded very agressive, he told me I have an account with them, I said, have you evidence of that, he said, yes, it's here in front on me! He then went on to ask for my personal details, I told him, I do not divulge my details over the phone, he then went on to ask again, I repeated what I had already said, and put the phone down.

    I immediately put a barr on their calls:grin:


  7. #7
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    Default re: Cabot v Windywoo - HELP-SD ISSUED

    Should I send the phone harrassment letter to them?


  8. #8
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    Default re: Cabot v Windywoo - HELP-SD ISSUED

    Yes, and I'd indicate on it that the caller you mention was rude and agressive, and it's the last thing you expect from a company who are supposedly held in high regard within the debt collectionicon industry. Demand an apology. In writing, obviously.


  9. #9
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    Default re: Cabot v Windywoo - HELP-SD ISSUED

    Quote Originally Posted by Seahorse View Post
    Yes, and I'd indicate on it that the caller you mention was rude and agressive, and it's the last thing you expect from a company who are supposedly held in high regard within the debt collectionicon industry. Demand an apology. In writing, obviously.
    Yeah, Demand it be written in blood ;-)

    If the Banks maintain their charges are transparrent and fair, then why appeal against the decision which allows them to be investigated?


    <<< Feel free to click my scales if I've helped

  10. #10
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    Default re: Cabot v Windywoo - HELP-SD ISSUED

    Just an update!

    Got a phone callicon, at work, from Cabot on Wednesday afternoon. As there is nobody there in the afternoons, they kindly left me a message, inviting me to ring them, "it's about the letter we received from you yesterday" you can ring at Blah Blah phone number, at Blah Blah time! It's obviously the CCA request I sent recorded on Monday, at least they can't say they didn't receive it!!

    Needless to say, I shan't be bothering!!


  11. #11
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    Default re: Cabot v Windywoo - HELP-SD ISSUED

    Did they leave this message on a system that is available to everyone at your work? And if so, did they mention which company they were, or just leave a number to call?


  12. #12
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    Default re: Cabot v Windywoo - HELP-SD ISSUED

    Hi Seahorse, fortunately I work on my own, so it would be only me who heard it, but, they don't know that!! I could work in an office with fifty other people!!

    Yes, left full details of who they were, and message as in post 10


  13. #13
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    Default re: Cabot v Windywoo - HELP-SD ISSUED

    Very naughty indeed, then. Have you been able to save the message as evidence?


  14. #14
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    Default re: Cabot v Windywoo - HELP-SD ISSUED

    Stupidly I wiped it off in disgust. I think with BT I could have only saved it for thirty days anyway!!


  15. #15
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    Default re: Cabot v Windywoo - HELP-SD ISSUED

    Still worth complaining about though. Keep a note of the date and time. They SHOULD have a log of calls made, but if they do, I don't remember seeing any info in my SARicon bumff. But you never know.


  16. #16
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    Default re: Cabot v Windywoo - HELP-SD ISSUED

    I have just received a very nice letter from Emma Robertson, ref CCA.


    Dear Windywoo,

    Thank you for your letter dated 15th July 2007.

    Please find enclosed your postal order for the £1.00 fee required under section 77 to 78 of the Consumer Credit Act, as we do not accept this statutory fee.

    Cabot will always assist the customer and the creditor in providing information and therefore we can confirm that Cabot have requested the relevant documentation from the vendor Barclaycard, and on receipt this will be forwarded to you accordingly. There may be sometimes delay in providing the documents, as the vendor may have to retreive these from their archives. Therefore we would appreciate your patience and cooperation in this matter.

    In the meantime, please do not hesitate to contact us on blah blah!!

    Yours sincerely
    Emma


  17. #17
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    Default re: Cabot v Windywoo - HELP-SD ISSUED

    That's nice. So long as they realise, no CCA = no enforcable debt.


  18. #18
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    Default re: Cabot v Windywoo - HELP-SD ISSUED

    Quote Originally Posted by Windywoo View Post
    Dear Windywoo,

    Thank you for your letter dated 15th July 2007.

    Please find enclosed your postal order for the £1.00 fee required under section 77 to 78 of the Consumer Credit Act, as we do not accept this statutory fee.

    Cabot will always assist the customer and the creditor in providing information and therefore we can confirm that Cabot have requested the relevant documentation from the vendor Barclaycard, and on receipt this will be forwarded to you accordingly. There may be sometimes delay in providing the documents, as the vendor may have to retreive these from their archives. Therefore we would appreciate your patience and cooperation in this matter.

    In the meantime, please do not hesitate to contact us on blah blah!!

    Yours sincerely
    Emma

    Looks like a new template letter; I wonder if there's been a complaint about the previous one's blatant disregard of the statutory time limits provided by DPA 98?


  19. #19
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    Default re: Cabot v Windywoo - HELP-SD ISSUED

    It's just a rehash of their old one, with the bit added in about sending back the £1 fee. I made a point of querying their right to it if the CCA really doesn't apply, and they sent me a £1 cheque. Which I haven't cashed.

    I think you need to write back and say something like, you "appreciate them returning the fee, and you thank them for their generosity in attempting to comply with the request under sections 77, 78 of the Consumer Credit Act 1974."

    I'd also put in something like, "However, I must point out your error in your response, in that YOU are now the creditor. I trust you will see to it that your template is corrected."

    They really should stop getting their work experience schoolkids to draft these templates.


  20. #20
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    Default re: Cabot v Windywoo - HELP-SD ISSUED

    Letter in the post this morning!!!



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