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This thread is a continuation of http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/104801-advice-please.html which was in the other forum and covered more than one DCA but as Cabot has choose to make fuss I am seperating cabot to make it easyier reading.

 

I will now provide all letters sent by cabot with a quick run down but you may want to read the other thread to get up to speed. Its not long.

 

 

Ok the story so far.

 

CcA'ed Cabot and got a computer generated reply sending back my £1. (19th July)

 

 

scan0013largefw8.jpg

 

 

 

 

Next this is sent. (8th August)

Cover letter

scan00171largeur7.jpg

 

Application form ???

 

scan00161largeux7.jpg

 

 

You can see a larger clearer version of the above picture by clicking the link below.

ImageShack - Hosting :: scan00161pt3.jpg

 

So I send the following letter.

 

Dear sir

 

Im writing to you becuase I recieved a barely legible/illegible copy of an application form in response to my CCA requesst.

 

Please can you confirm that the application form sent to me is a copy of the credit agreement requested under Consumer Credit Act 1974 (Sections 77−79).

 

 

Ashmk

 

 

I then recieve this letter back.

 

scan00182345largejj3.jpg

 

So I send a letter templated by Rory32

 

Thank you for your response to my request under the Consumer Credit Act section 78.

 

I am pleased to see that you confirm this as a true copy of the original agreement executed by ourselves on the 25/11/03.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

As this is the case I will of course be making no further payments on this agreement, any further action on your part to enforce will be vigorously contested.

 

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

I shall also be considering further action to recover unlawfully applied interest and charges that have been levied on the “Agreement”.

 

We look forward to hearing from you.

 

And to today.........................

 

Recieved this 2 page spread along with a copy of the application form I have already posted.

 

scan00192largeay4.jpg

 

scan00200largewz3.jpg

 

Now its really the above 2 page letter I need help with as all the rest had been covered in the other post but im posting them so you can see the whole story.

Im thinking this is an attempt to confuse me because it contains none of the prescribed terms.

 

Im good at reading information and understanding it but im bad at writing letters so I would ask if anyone has any suggestions for my next letter.

 

 

And im sure cabot will know who I am by now but for the record I really dont give a damm, im perfectly within my rights to seek advice. And I will defend myself all the way to court.

 

 

Thankyou.

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OK, firstly you are correct. That application form is not an agreement, so you are bulletproof there. They agreed earlier that it was an application form, and are now attempting to rely on it as an agreement. No way can they enforce it using that piece of nonsense.

 

Secondly, and I'd love to see them try to squirm their way out of it in court, they have rather plainly stated that they have applied PENALTY INTEREST to your account. Really? What silly wee girl decided to give you that evidence against them? Oh, it was our pal, Jane Rodemark. Tut, tut, Jane. Haven't you learned ANYTHING from the Great Consumer Revolt? The whole reason for CAG initially was because penalties are unlawful. Oh, dear.

 

OK, thirdly. As they have responded to your s10 notice, you should now report them to the Information Commissioners Office. If that fails, send them a letter before action telling them you will be taking them to court (but only if you really are) to force them to cease processing your data. The Information Commissioners Office website has some really helpul leaflets to download off its website to help you with this.

 

I hope this gives you food for thought. ;)

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ooooooo this is exactly what i'm about to go through (me been caboted thread)

have you checked your credit file yet? my bet is OC default has gone and been replaced by default by Cabot!

thats what they have done to me and as in my thread it only an application form. not paid anything to them at all yet so i'll wait to see if they try charge interest

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

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lol they call 2 company names a group?

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

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I'd visit the ICO's website and download a complaint form. It's all rather self explanatory.

 

If you have a look at my s10 letter in this thread here...

 

http://www.consumeractiongroup.co.uk/forum/cabot/111898-me-been-cabooted-2.html#post1128561

 

You should get a fair idea of why they shouldn't be processing your data. Get a copy of the DPA so you know what I'm referring to in the parts that I've quoted.

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Seahorse i read your letter but im still a little confuzzled about what to do next. Could someone help me with a letter to send to explain that this is an application form and that does not give them the right to pass data.

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OK, I'll adapt mine to suit your circumstances and add some extras in there. It will probably be tomorrow sometime before I get a chance to do it, but I'll pop it on here when I'm done.

 

But you need to be clear in your own mind for the reasons. And it basically boils down to the fact that, if there was NO agreement (and not just implied), then you never gave your consent to share data. MBNA might argue with some merit that they required to be able to process your data in order to administer your account. But without any consent from you, they had no business passing that data on. This is because in your case, there IS no agreement at all, rather than an agreement that doesn't quite conform. Therefore Cabot have no legitimate right to your account, and so cannot argue that they must process your data to administer your account.

 

Does that make sense?

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I'd strongly suggest for anybody in similar circumstances that they download this ICO guidance booklet (just over 1Mb PDF):

http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/data_protection_act_legal_guidance.pdf

 

You can also order a hard copy, for free, here - look for the publication called "Legal Guidance":

https://www.ico.gov.uk/tools_and_resources/request_publications.aspx

  • Haha 1

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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Yes, sorry seahorse I didnt relalise you sent a PM and I had been waiting for a post in this thread. My bad.

 

Thats good, ill read the info comminsioners leaflet to before sending just so im clued up a little more.

 

Thankyou for the help. i shall update when I get more news.

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  • 7 months later...

Bringing this thread upto date...........

 

 

Cabot went quiet untill 11th feb 2008 when they sent a standard 'cabot has recently brought your account' letter.

Recently meaning back in early 2007 ??

 

Mabey they thought id forgotten about the CCA i made to them ?

 

They then sent a 'we've tried to contact you on several occasions, you currently own 10,000 micky mouse buttons and some magic silver cotton' letter dated at the start of march.

 

 

Im currently in disbelief that they think ive forgotten, and I would love to spend some time thinking up a witty letter but I feel my energy will be wasted and after all these months waiting for a reply I think I may have forgotten how to lick a stamp.

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  • 4 weeks later...

Another update and a picture to share with you all.

 

 

This letter relates to the application form found at the start of this thread.

 

scan0001800x600wf6.jpg

 

 

Link to larger size version of above (675kb)

 

http://img140.imageshack.us/img140/5491/scan0001xa2.jpg

 

 

 

 

 

Comments please firstly on the smiley faces ive added to the Cabot logo and secondly comments on the actual letter itself are welcome.

 

Ive tried to add an air of happieness with the smileys.....

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