Cabot Again

[Darwin]

After years (estimated 30 months) of phone calls by Cabot I finally sent them a CCA , all I have recieved is a letter from Cabot Saying they bought the debt from Barclaycard (I havent had a barclaycard for 8/9 yeas and am pretty sure I cleared it before I went to live in the USA , I was there a year or so).

 

Basically they have sent me my old barclaycard account number and thats about it oh and a Balance of £2865.13

 

I would take it that so far this is NON COMPLIANCE of my CCA request ?

 

 

PS there is no mention of this debt on my credit file and I have said to them nummerous times if they think I owe this ammount then take me to court.

[NailPost]

What you've received is the letter you should have been sent when Crapbot bought the account from Barclaycard. You have challenged them to prove you owe this sum and they are allowed to chase you for it. They have failed and you shopuld now report them to the OFT.

 

OFT wont actually do anything because its a single complaint against the company but if everyone who Crapbot mistreat were to complain the sheer weight of numbers might make the OFT ostriches believe something is amiss at Crapbot Towers and think about taking some action.

 

You should now send a letter to Crapbot stating firmly they have failed to provide details of a debt you now believe to be statute barred and no further correspondence will be entered into.

[Stopthethieves]

...and if they persist in ringing you.

 

give them warning to stop and if they don't, then make it a criminal matter!!!!

 

Regards

[Darwin]

...and if they persist in ringing you.

 

give them warning to stop and if they don't, then make it a criminal matter!!!!

 

Regards

 

I have already sent a harrasment letter via recorded delivery

[Darwin]

Sent a letter to cabot basically outlining the fact thats I do not acknoledge the debt and have asked them not to phone me , also could they provide details fo the supposed credit agreement.Thus far all they have given me is a barclaycard account number , this account must be at least 9 years old , possible time barred ? They have stated in the letter that I have asked for no telephone contact (and they have it listed that I have asked their staff at least twice not to contact me via phone) also they have said in writing that if I dont make an agreement to pay , they will continue to phone me ?? , so they are saying in writing that they are willing to commit an illegal act ? , whats the way forward ? , PS 14 days (2+12) of CCA request expires thursday .

[Darwin]

anyone ?

[Sev]

Darwin,

 

I would write to cabot once again with a PO for £1 asking that they send you a copy of the documents authorising them to take on your debt.

 

you are fed up with them calling then the next time they call take this approach:

 

Firstly tell them that you are recording the call and warn them that you may use the recording at a later date and that the contents may be divulged to a third party.

 

Then tell them that you are officially informing them that you will deal with them only in writing. Tell them that continued telephone calls after your request may constitute a criminal offence under Section 127 of the Communications Act 2003. Also tell them that should they ring after your request that they will be in breach of the Wireless Telegraphy Act 1949.

 

Finally tell them that further calls from them will cause you significant alarm and distress, and that you will feel as if you are being harassed so will have no option than to seek an injunction against MBNA under section 1 of the Harassment Act 1998.

 

Also notify the office of fair tading, if it's found that they've breached the acts in question it could resut in a fine of over 5k for each breach.

 

If you are on benefits it may also be worth telling them that you are probably entitled to legal aid and that you are sure you could find a solicitor wanting to make a name for him/herself.

 

and finally, you are entitled to leg a harrassment compalint with you local police. If this is done they must investigate it as a criminal matter.

 

Keep us posted, and I'll see what other avenues can be pursued.

[NailPost]

You say you sent the S77/78 CCA request to Cabot but did you enclose the £1 statutory fee? Did you send it recorded delivery so you can prove it was sent?

 

If you did there is no need to send this letter again. Indeed there is no need to do anything else, its now up to Cabot to take the next step which is to provide the details. Anything else they do is meaningless.

 

If they continue to call you just put the phone down. Write them a note telling them you will only deal with them in writing. Tell them to remove your telephone number from their database/files. If they continue report them to Oftel and the Information Commissioner. Copy the OFT into the correspondence.

 

Whatever you do don't call Cabot. They are set up to deal with phone calls and use aggressive and bullying tactics to get people to pay what they say is owed. Its up to you to ensure that Cabot stick to the rules, prove the debt and then, and only then, should you consider how much you can afford to pay.

 

And if the total sum demanded is made up of charges and penalties then you tell them to takea running jump.

[Darwin]

You say you sent the S77/78 CCA request to Cabot but did you enclose the £1 statutory fee? Did you send it recorded delivery so you can prove it was sent?

 

yes and yes

[Darwin]

What do I do now ?

 

PS wheres my sig gone ?