Scotcall originally contacted me by letter claiming to be acting for Cabot. As soon as I CCA'd them they decided they were no longer dealing with the account. Which is good, because they sound like a right nasty bunch, who definately need reporting. In this case, they picked on someone who knew their rights, but I wonder how many people are intimdated by their behaviour and scared witless

I've got a cheque from Cabot! Sadly it's only £1, but I'm framing it anyway. It came along with this letter: I am aware you have paid the £1.00 fee required, under section 78 of the Consumer Credit Act. As explained in our letter dated 22nd August, there is no duty for Cabot to comply with this section, as Cabot is not the creditor this have [sic] been refunded as it was processed in error. Therefore please find attached a cheque for £1.00. In the meantime please do not hesitate to contact us on 01732 524723 blah blah blah.... So where does that leave me? With an unenforcable application form and a DCA which believes that neither the Consumer Credit Act and the Data Protection Act apply to them. I'm still not 100% sure of my next move, and I'd appreciate if someone would look at my previous post and give some advice Thanks, Dave

Now it gets interesting, and I would appreciate some help! This morning I've had a lovely letter from Cabot apologising for the delay (bless) and forwarding a very bad photocopy of a fax of an application form from Barclaycard, along with a completely flawed letter explaining its legality. Here's the letter Page one: http://i152.photobucket.com/albums/s185/djdave2007/cabotp1.jpg Page two: http://i152.photobucket.com/albums/s185/djdave2007/cabotp2.jpg And the application form: http://i152.photobucket.com/albums/s185/djdave2007/cabotapp.jpg First thoughts? Well, the application form is damn near illegible, in fact I've cleaned it up before posting it here. That's by-the-by, it's the content which matters. What content? I cannot see any prescribed terms, any signature from Barclaycard, and notwithstanding Cabot's assertion that it's an agreement, I can clearly see "Barclaycard Application" at the top-left. Turning to their letter, they state that they purchased the account "on or about 15th April 2005". Interesting then that the undated Notice of Assignment they initially sent me is on headed paper which was itself only produced in June that year. Not that I'd ever suggest it was anything other than genuine, you understand. They then go on to repeat their claim that they had no obligation to supply an agreement - could somebody please clarify s189 to me in case I'm wrong? Cabot then go on to restate their assertion that they have, in fact, satisfied their obligations. I'm sure they have not. Then they dismiss out of hand my Data Subject Notice, claiming that I've quoted a wrong subsection. If this is correct (and the notice is further up this thread) then it's only on a follow-up letter, not on the Notice itself. Surely that doesn't give them the right to ignore it? I'm thinking that my next move should be a simple letter back asking them to clarify a few points, something like this: ------------------------------------------------------------ Dear Cabot, Thank you for your letter dated 22nd August. For the avoidance of doubt I do not acknowledge any debt to you or your clients. I would be grateful if you would clear up the following points with regard to this alleged debt. 1) Is the document enclosed with your letter the same document you are relying upon to satisfy yourself that the alleged debt is genuine? 2) Was the Notice of Assignment you sent me in April this year a true copy of a document which was provided to you by Barclaycard? 3) Notwithstanding that in a subsequent letter chasing you up I may or may not have mentioned an incorrect subsection of the Data Protection Act, the original Data Subject Notice remains outstanding and therefore you have committed an offence. Do you intend to comply with the Notice at all? 4) I originally requested a copy of the executed agreement on April 2nd. Taking into account the text of the Consumer Credit Act which states that a creditor should provide this within 12 working days, and s189 which defines "creditor", could you please explain why it has taken over four months for you to send any documentation? 5) You claim that the debt was bought by the Cabot Financial Group. Please clarify whether you mean the limited company Cabot Financial Group Ltd (company registration number 05754978 ), or another company within this group and if so which one(s). For the avoidance of doubt please provide the company registration number(s). 6) Please provide me with the details of all third parties to whom the company mentioned in your answer to question 5 has passed my data, including any other companies within the Cabot Financial Group. Please also provide evidence of my consent to do so. As these are simple questions, I would expect your answer within fourteen (14) days. Yours.... --------------------------------------------------------------------------------------------------------- As I say, I'd really appreciate CFC's input with this.

I'm sure you mean "morale". Probably.....

I would not advise debt advoidance. However. There's nothing to say you have to let a baliff in, nor anything to say you must give them your name. A simple polite but firm "sorry gentlemen, I cannot let you in" through the letterbox would suffice.

I'd be more tempted to S.A.R - (Subject Access Request) the original creditor - they're more likely to have all the statements. Although, that said, Link's response to my Subject Access Request was rather amusing. I'm currently waiting for a court date Good advice about the signature - I've got a "special" sig I use on letters like these

Hi, No CCA, you say. Have Link admitted they don't have one, or are they claiming they don't need to send it? Either way, without one they don't have a right to be asking for anything. What paperwork are they relying on? When and if the time comes to pay them, you're absolutely right not to give them a debit card number. Basically they can then take what they like, when they like. If it does turn out to be a legally enforcable debt, a standing order keeps you in control. They've not right to refuse any reasonable offer of payment, by any generally recognised means. Anyway, that's getting ahead of ourselves. You say you requested paperwork - did you make a specific request for a copy of the credit agreement? If not, make that your next move. Letter N from the templates, and ensure you include "I do not acknowledge any debt". Get your son to sign it, and send it recorded delivery. I'd also include a paragraph to the effect that as your son is not at your address, your phone number should be removed immediately from their database as you have never consented to your data being processed. Insist that any further communication is in writing. I know it's tempting to phone them, but Link are parasites who will deny conversations as and when it suits them.

Do you mean First National? Data Controller: 1ST NATIONAL DEBT RECOVERY SERVICES LIMITED Address: THE PADDOCKS 4 PADDOCK CLOSE BLUNDELL SANDS LIVERPOOL L23 8UX

Weird, they're not listed at Companies House.

Get him to cancel the card. And as mrmarmite says, put it in writing (with proof of delivery) to NCO that any attempt to collect will be treated as theft. Give your bank a copy of the letter.

Hi, Are Sky willing to put in writing what they told you, that they have no record of any debt in your name? It's not your job to have to prove your innocence, rather the onus of proof is on the DCA to demonstate that you DO owe money, but rather than have a protracted game of cat and mouse with them you might be able to get them off your back. There's also no reason why RED shouldn't refund money, as you clearly paid under duress believing a baliff would visit (which couldn't happen without a court order). I don't suppose you still have the threatening letter? Write to RED stating that you do not recognise this debt, Sky have confirmed this, and ask them to either provide some definitive proof or to refund your £37. Give them 14 days. If you don't get a satisfactory answer send them a Letter Before Action stating that you will commence proceedings in the County Court to recover your money, plus interest, plus costs.

I nominate Gingerheid

How are you currently paying? Standing orders or DD can be stopped by your bank, if they're being awkward then put it in writing and hand it to a personal banker at your local branch.

Although do keep a log of these texts, if they have defaulted on a CCA request then they're breaking OFT guidelines by continuing collection action.

I've decided not to go down the Court route - for now. This morning I've had fun filling in the FOS complaint form and sending it off with a nice big bundle of evidence as it's been over 8 weeks since Cabot acknowledged receipt of my complaint and then fobbed me off. I figure it will be less hassle for me, and a £400 slap for Cabot this way. In my complaint I've raised their non-compliance with the Consumer Credit Act, non-compliance with Section 10 of the Data Protection Act, and their failure to resolve my complaint within 8 weeks. If you're reading this Uncle Ken, you need to know that I'm not letting this lie until I get my default removed and you stop processing my data, however I achieve these aims. You've probably worked out who I am by now, so go on - I dare you, I double dare you - take me to court if you still think I owe you money.

Is it a form of credit for which an agreement would be required (not an overdraft, utility bill etc)? If so sit back, safe in the knowledge that they are going to commit an offence under the Consumer Credit Act, and that they've admitted that in writing. Then when the 12+30 deadline is up, report them to all and sundry.

"Trying it on"? More like fraud, I'd say.

There's also a BIG question mark about your data being processed outside of the EU, if that's taking place :-|

Cabot are now in their new building, enjoying the subsidised coffee shop, no doubt. I wonder if they uncovered my Barclaycard agreement while they were packing for the move - it's been four months since I requested it.... Credit Management & Debt Collection Business Industry News

Is that the actual text of your email?! If so, might I congratulate you, it's excellent! :D:D I'm waiting to see how Cabot respond to my Data Subject Notice, so I imagine I'll be getting a similar letter sometime soon. I do hope so!

PS. It might also be worth requesting a copy of your credit record from Experian or Equifax to double check they haven't entered a default. There's a procedure they should follow in notifying you, but many DCAs flout the law and consumer regulations.

Hi and welcome. It's a common problem, sadly. Some debt collection agencies (DCAs) buy debts in bulk without the proper paperwork then go fishing to find the correct people. Chances are there's someone in your town with a similar name who they're trying to find. The onus is on them to prove that you DO owe money, not the other way round. However, it will be easier and quicker to get them off your back as once they've got a sniff of you they won't give in without a fight. Never call them, always write. Ensure you include "I do not acknowledge any debt" in your letter, send it recorded delivery and tell them in no uncertain terms that you are not the person they're looking for. You don't need to send any proof, but if you want to send a copy of say your driving licence be sure to render the signature uncopyable. If "uncopyable" is a word. If they continue to persue you, get trading standards involved. Hope that helps.

You've a right under the Consumer Credit Act to see a copy of your agreement at any time, not just if the account is in default.

He sounds exactly like his sacked newspaper editor namesake, you can almost hear the sound of toys being thrown out of the pram!

Good luck with the ICO, they're so busy that they're still not dealing with a complaint I sent them in March. But you've certainly done the right thing reporting a DCA, and I hope you get a result