Evening all - have been following thread & posted earlier when we were first 'introduced' to these - you were right (they really are tos*$£s). Was just hoping that someone might be able to have a quick look at the forms i posted on our thread this eve please - after complaints etc finally being acknowledged by them they have come up with some paperwork with Hubbys sig etc but seems more like an app form as opposed to agreement because of the info encl - but looks like an agreement sort of - soz sounds so confusing i know - but i cant put me finger on it! Poss cut & paste job maybe? Anyway, Thanks to Ac & everyone else for your time - take care all, Mpols x http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/185098-cap-one-passes-link.html

Hey hun - Just checking in to see if any updates? They have sent me a letter from one of their baby companies FIRE now requesting payment in full re l'woods but nothing else except the app form & other paperwork they orig sent & still nada re cap1. Hope all well with you. Mpols x

Subbing - Hi OD we are at almost exactly the same stage as you - Received exactly the same letter as you have posted above & were advised to send them the no visitors allowed letter & then we received a letter last week from them in reply - but from another of their baby companies called FIRE. Am working on a suitable response to them at the moment. Will post the link to our thread for if you wanna look. Take care, Mpols x http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/166869-cabot-aarghhhh.html

The second sheet headed credit agreement has info all about using data for credit searches etc. The second sheet has info headed 'these terms are taken from clauses 8, 16 & 23 of the terms and conditions that you sign with us' but it doesn't seem to have everything i was under the impression that it should if that makes any sense -

Received the following - Would very much appreciate any input as to whether this is real/enforceable or not please? It does have hubbys signature & date but seems to be more like an application form than an agreement regardless of what it states at the top of page & also ref no etc have been handwritten on before photocopied even tho' there is a barcode etc there too. hmmm. Please let me know what you think? Many thanks, Mpols x (ps - am not 100% as to whether i have uploaded the images/edited them correctly - please comment if you cant view properly- thanks again) xx

"Stand ur ground plead poverty if u must" - Hi Gm, How are you? We intend to stand our ground as much as possible - and pleading poverty won't be much of a falsehood at the moment anyway to be honest! We'll see what they have to say when any letters are received - maybe they have found the actual agreement at last? ya never know! Take care, Mpols x

Had a call from these a couple of days ago all out of the blue - am waiting for their letter as refused to deal over the phone - assumming they will be wanting to reassess the £1 a month that they are having at the moment - In light of no agreement plus no default or NOA ever being received i think thats ALL they will be getting if not less for a lonnnnng time! Hope everyone is well. Mpols x

......And today our latest letter is a demand for payment in full from 'Fire' Financial investigations and Recoveries (europe) ltd. "Failure to pay your debt will result in further recovery action. PAYMENT IN FULL IS REQUIRED IMMEDIATELY. You must now contact one of our agents on 0845 0700 381" Envelope return address was ths same as cabot been using (handling centre, doncaster) so am i to assume these are inhouse or third party? Does anyone know please? Also any ideas on what to send them in reply other than the usual acc in dis letter? Many many thanks, Mpols x PS. Am complaining to the above as you advised Bazaar. Thanks for input hun!

Morning all, Have had letter from mp acknowledging receipt of ours. She had contacted the fsa chief exec, Mr Sants on our behalf who replied telling her that the concerns raised are "in fact not a matter for the FSA but for the OFT" & apparently forwarding copies of this correspondence to them. We already complained to oft & got the standard reply so we will see if she does too maybe! At least our mp did something fairly quickly (although remains to be seen yet if she was merely passing the buck - we hope not). No contact from link since their last letter - is tooooo quiet said custard! Take care all, Mpols x

Fanbloomintastic response hun!

Evening Fred - I would love to see what kind of response you get from this - I have 3 ongoing battles with Cabot - One is a major pain in ass one i haven't hear from since complaints to various bodies and the latest re morgan stanley/goldfish for hubby where was told acc on hold whilst looking for cca then out of the blue a couple weeks back a letter requesting the full outstanding amount. Goodluck & Take care, Mpols x

ps - Evening guest

Ok have just done a quick edit of the template above - thanks for the help. Am gonna get it in the post tomorrow and also run off a few complaints as well. About time i reported them me thinks. Thanks again for your prompt advice fox, Mwah! "Thankyou for your letter dated 4th August of which the content and breach of oft regulations are duly noted. Please be reminded that I will only communicate with you in writing. Please be advised that should it be your intention to arrange a “doorstep call”, then as you are aware, under OFT rules, you can only visit me at my home if you make an appointment and I can state that I have no wish to make such an appointment with you. As you should know, there is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384 . per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and possibly harassment and action WILL be taken, including but not limited to, police attendance. May I take this opportunity to again re-iterate the following: This account remains in dispute, indeed the paperwork and appropriate documentation itself is in dispute. Without a copy of the executed credit agreement, itself containing all the prescribed terms, any action on your behalf would be fruitless. It may also be construed as harassment and your actions as vexatious. It would also be deemed as an unfair business practice to attempt any form of enforcement regarding this account and accordingly may affect your ability to hold a consumer credit license. Please note that to date you have not complied satisfactorily, with my initial request for a copy of the credit agreement for the debt which you are illegally pursuing. Yours faithfully," Many thanks Mpols x

Evening all, just a quick update to say nothing else been received since sent complaints re the above, although they making up for it with another account (see other thread if interested in a possibly boring read ) Best wishes, Mpols x http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/166869-cabot-aarghhhh.html

Hey fox - Thankyou hunny for your prompt reply - was just chasing that link now Thanks for confirming re ccj too - i know i haven't got one of those (yet??) so thats ok. All else seems ok for now. Ditto! Thanks again, Mpolsx

Yay another letter - i'm getting popular again! This one stating: "We've previously advised you that if you didn't repay your outstanding debt to Cabot we'd take further action. Therefore unless we hear from you immediately we'll instruct one of our debt recovery agents to call on you to collect the debt". Question please to anyone in the know who has been following my thread - Can they do that considering the situation so far? Also i'm assumming their threat is meaning a bailiff? Is not something i'm looking forward to the prospect of especially whilst kiddies are all off school for the summer and very poss likely to open any doors /answer phones etc at the mo. I thought i had to have received a ccj or something before they could send someone round or am i getting REALLY confused? and finally any advice as to the next type of letter that would be best to send them please. I have not complained to anyone re this account yet - I have re cabot and cap one (see other thread) & not heard anything since but not this one but am really beginning to get a tad peed off with them now so am thinking i really should. They were the first ones i cca'd because they suddenly 'terminated' the account and it was actually that which prompted me to find the special caggers that have been such a great help and support but they just don't give up! Any advice very gratefully received peeps. Thankyou muchly! Mpols x

Just an update - hiya all almost 5 months passed & after countless verbal & written requests for payment, to which we sent 2 more versions of the above & also complaints to mp, plus others etc, they have finally sent an acknowledgement of complaint letter & no more calls in a week. wow. hmmmm. wonder what will come next? I don't much like these ones. Any others that we have dealt with so far are almost comical in their predictability but these ones make me feel a tad unnerved if truth be known. Ah well, cest la vie! Hope all are well, Mpols x

hey fox Hows u? Just catching up on your thread hunny - Bit of a brain ache this one - On one hand how they can prove what they haven't got but on the other how can you prove they haven't got the other stuff you want if they won't get it you? think i need to read again after sleep, when brain not in shock at thought of 7 weeks (yep 7 weeks this year) with kids running round doh! Hope you well. Mpols x

"If I am considered lucky I may even receive another ‘one time only/valid for one month/30% off total balance reduction’!! " (post #154) Ok so maybe i am a little psychic - or else they really really are very predictable - Yep, reply to my latest letter simply states i can clear account for approx 5 ton less than the balance currently stands at. Lucky me. Mpols x

Morning folks - Hope everyone is smiling! Just a quickie to say not had any contact yet since last letter (above). Take care all, Mpols x

If only you had the time, you could be a professional letter writer. Your use of the obvious to these muppets is second to none. Just a shame they won't understand it as you have used words of more than 2 syllables. Ps - Thanks for the compliment

Cheers peeps. I see what you mean fox. Might just edit that last little bit a tad then & get in the post. Am getting kinda wearly with it all ya know? Anyhooo - Sun is out today lovlies so chin up all Laters! Mpols x

Nice one fox - Understand what you saying about wanting to put it all in very simple terms or repeatedly for the sods - it does make you feel like you having to explain all to a 2 yr old (& thats insulting toddlers Lets us know what happens when! Hope u have gd day hun. Mpols x

Morning peeps - Hope all well. Latest note i sending them. Regards, Mpols x ATTN: Lindsay Thomas Dear Madam, Re: − Account/Reference Number Thank you for your recent letter dated, 8th June 2009 and previous versions in which you have continually requested that I contact you with payment on this account, whilst also continually threatening that your company would either pass this account to an ‘External Debt Collection Agent’ or “Commence legal action to recover this debt’, if the account meets your ‘Litigation criteria’. I would like to point out that regardless of the fact that the correct paperwork has never been produced, this account was passed to you approximately 18months ago, at which point, and after being hounded by unnecessary phone calls and letters I agreed a repayment plan with you. I adhered to that payment plan even when your company did not adhere to the terms that IT had agreed itself and I also, willingly provided regularly updated copies of my financial statements and pro-rata payments so that your company had full knowledge of my families circumstances. I have never been rude to one of your staff or petulant in the way that I speak to them. I have never threatened any of your staff or assumed an air of authority which was not rightly mine and I have certainly not deceived any of your staff or taken advantage of the fact that they may not be in a position of knowledge concerning relevant matters. In short, madam, my behaviour has been completely as requested and expected which, in itself, was an utter contrast to that of your supposed ‘professional’ staff. October 2008 and although I had adhered to the re-payment plan completely, with behaviour as described above – Your company decided their patience had run out so to speak and demanded the full outstanding balance of this account, which understandably I could not provide – therefore this account was ‘Terminated’. I immediately sought professional advice and was informed of my rights. Reassured that I had, in fact, NOT committed some horrendous offence, rather, that I had been humiliated and bullied for the financial difficulties that I found myself in due to family circumstances; I began written communications with a view to ascertaining YOUR rights. It transpires, seemingly, that you have none in relation to this account. You have acted with the same reverence that belies any moral individual. I have not been a ‘won’t pay’, rather a ‘can’t pay more than I have’. Now to draw your attention to the blaringly obvious: This account remains in dispute, indeed the paperwork and appropriate documentation itself is in dispute. Without a copy of the executed credit agreement, itself containing all the prescribed terms, any action on your behalf would be fruitless. It may also be construed as harassment and your actions as vexatious. It would also be deemed as an unfair business practice to attempt any form of enforcement regarding this account and accordingly may affect your ability to hold a consumer credit license. Please note that to date you have not complied satisfactorily, with my initial request for a copy of the credit agreement for the debt which you are pursuing. Your actions will now be reported to various bodies including but not limited to Trading standards, the OFT & my MP, as is my right to do so. I am fully aware that the most response I can hope to receive is highly likely to consist of another templated impersonal letter, ignoring my comments above & threatening me with more ‘possible legal actions’ on your behalf, whilst simultaneously ‘urging’ me to contact one of your staff to arrange payment of this account – If I am considered lucky I may even receive another ‘one time only/valid for one month/30% off total balance reduction’!! In the current economic climate I, (and thousands of others) am in even less of a position to offer payment for an account to a company that can not –so far- prove they have the legal right to collect and, I do not own anything of any consequence that will have any bearing on your threat to ‘possibly instruct bailiffs’. If you wish to see me in court with the illegible and inappropriate paperwork that you have thus far sent me copies of, as your defence, then I applaud your confidence whilst I despair at your eagerness to waste valuable resources and, I eagerly await your reply so that I too may prepare a suitable (and honest) defence. Madam, I do not dispute this debt and never have. I DO dispute the relevant documentation and manner in which your company has acted. I repeatedly propose that this account be returned to the original lender so that they may bear suitable responsibility and insist that any further communication is in writing only. Accordingly, I await your further comments. Yours sincerely

Another letter yest telling me if i don't take 'positive' action to settle balance with them immediately, acc will (either) be forwarded to external dca or legal action commenced if the acc "meets our litagation criteria" in the form of a ccj. Mpols x