Can you post some more detail about what they've done/not done? How exactly have they breached laws and regulations? Have you suffered any quantifyable loss due to their actions? Once we know more details I'm sure we'll be able to help.

I've never found Richard Spud's posts to be anything but informative and constructive. If it's true that he's gone that's a genuine shame, and I hope he'll reconsider.

Shameless self-bump, I'd appreciate any comments on the above letter before I post it

Welcome! The main points to remember when dealing with any Debt Collection Agency: Have nothing to do with Cabot or their ilk by phone, keep everything (and I mean EVERYTHING) in writing. If the debt is over 6 years old (5 in Scotland) and you've neither admitted it or paid anything in that time, it's statute barred. It's the DCA's job to prove you owe the debt, not yours to prove you don't. If you genuinely do owe money, the DCA can only demand what you can realistically afford - even if that's £1 per month. Do not give in to bullying tactics - you've already done the right thing by asking questions here.

Hi Leyla, It's probably worth cutting'n'pasting your post into a new seperate thread, you'll get more replies that way and it keeps everything in one nice neat place. But as you'll have discovered, you're not alone. I've had dealings with MBNA and I'd advise keeping everything in writing. You've discovered the hard way that they are a law unto themselves, but ultimately are no further forward. Personally I'd make a formal complaint detailing what you've told us here. Insist they treat it in accordance with FOS rules (which they probably won't). Is any of your balance made up of unlawful charges which you could claim back? Remember - they must abide by UK law, and they cannot force you to pay what you genuinely cannot afford.

In the highly unlikely event that any of these clowns calls at your house, keep reminding yourself that they have the same legal powers as the kid who puts takeaway menus though your letterbox. That said, I'd agree with those who say it's likely to be an empty threat. Remember if the alleged debt is over six years and you haven't admitted it in writing or made a payment, it's likely to be stature barred. I'm sure you don't need telling, but I'll say it anyway: don't pay them a penny, and make sure you include "I do not acknowledge any debt" in all correspondence

Right then. No CCA from these jokers, so I'm making the next move. I've composed the following letter and would appreciate your thoughts and suggestions: Any good?

Certain DCAs have built a massive business from exploiting peoples' fear and ignorance of the law. I know, becuase I was one of them until I found this site. Sadly, every day thousands of pounds are paid to DCAs with absolutely no proof that debt exists, and often as a result of the DCAs breaking the law. Not necessarily Cabot, lawyers! What Seahorse and co are doing is giving the poor old consumer a helping hand to understand their rights. Nobody is suggesting that anybody evade genuine debt; but for the thousands of people who are being bullied and intimidated into paying money we simply don't have then I'm sure the CFC will be very useful. Instead of bitching and moaning, why not add some constructive help?

That's very useful to know. Very useful indeed

Don't worry, I've already reported them to Trading Standards and the OFT - I don't intend letting them off lightly even though they've given up on me. My alleged debt is from Barclaycard, btw, not Next

Scotcall have given up now but I do have one interesting question. Cabot claim to be chasing up the CCA, but were able to send me a copy of the Notice of Assignment. It seemed odd at the time that it was undated, yet was printed on headed Barclaycard paper which was produced in June 05 - Cabot took over this alleged debt long before that. Well now the poor chap from DHL has delivered me a box containing the results of the S.A.R - (Subject Access Request) I sent Barclaycard. It's amazingly detailed, and when I've finished with it will keep the local recycling centre busy for weeks. However, there's no mention of this Notice of Assignment. None whatsoever. A cynical chap might suggest that Cabot knocked it up themselves. Now of course I would never think such a thing, but what would be the implications if they had? As an aside, there's no executed agreement in Barclaycard's reply, so good luck to Cabot getting their hands on one...

Naughty Scotcall, sending a demand while the debt was in dispute. So I sent them this: It's taken four months from start to finish but finally I have received a letter and my £1 cheque returned as "we are no longer dealing with you account". "The creditor, to whom you owe this debt..." (oh really?!) "...will contact you shortly". Bye bye, Scotcall.

You could cancel your payments after the 12wd, but in the highly unlikely event of anything going to court it would reflect well on you if you wait for the additional month - it shows the judge that you were playing ball. To contact TS put your postcode into this page: Trading Standards Central - Trading Standards and Consumer Protection information for the UK

The CRAs really are puppets of the DCAs.

It's up to you what you do next, but the golden rule is no CCA = unenforcable debt. Chances are Cabot don't have a copy and are relying on your lack of knowledge of the law. They may try to obtain one from Barclaycard, but don't hold your breath. I've been waiting almost two months. How long ago did you make the request? After 12 working days + a further calendar month Cabot have committed an offence, which you should draw to the attention of Trading Standards.

They haven't sent a credit agreement? Naughty naughty Cabot. Without it the debt is unenforcable, notice of assignment or otherwise. Interesting, the notice they sent me is printed on headed paper which was produced in June 05, a year after Cabot got involved. And strangely, there was no mention of it in the box of paperwork Barclaycard sent me in response to my SAR. Could it be that Cabot are printing their own, in house, on Barclaycard headed paper?

I dealt with Dino, and found him friendly. More importantly he was a man of his word, processing my payment within 24 hours of receiving my letter. Barclays may be a horrible company, but we should never lose sight of the fact that the people who work there are simply human beings trying to earn a living.

I added the 8% in my initial letter, figuring it would give me a better position to negotiate from. Have a read of http://www.consumeractiongroup.co.uk/forum/barclays-bank/78032-djdave-barclays.html - Barclays take their time but hang on in there!

It gets better and better. As posted above, the court told me that Barclays hadn't acknowledged the claim so I asked for judgement to be entered in default. A few days later I received two letters from the court. One stated that judgement had been made - I'd won! But the other stated that Barclays had in fact got their defence in. Curious... So I rang the court who said that there'd been an oversight, and that Barclays had got their defence lodged in plenty of time. Hey ho. But then... I received a letter from Barclays legal and compliance stating that they were surprised I'd managed to obtain judgement, but nevertheless they were prepared to settle - in full with interest - if I'd agree to have the default removed. That was a no brainer, so I returned the form by email and had the money in my account the very next day!! I'm a happy bunny indeed. Being on incapacity benefit means that money is, to quote the ginger crooner, too tight to mention. This payout from Barclays couldn't have come at a better time, so a huge thank you to everyone who's given advice. :D:D

A very happy update: Capital One acknowledged the claim and we were getting ready for their defence. Then my other half received a letter saying that Cap One were mindful of the costs of defending court action so were settling in full! Ok so we're £30 down in court costs, but she's now got zero balance and a cheque for the remainder. :D:D

Well today I received another letter from Scotcall, saying that "despite numerous attempts" to resolve this I still haven't coughed up. Trading Standards and OFT duly notified I've sent Scotcall this: Idiots!

You'll have to keep your fingers crossed for a few more weeks Barclays acknowledged on 30th April but the court forgot to tell me. Oh well, let's wait for their defence.

My personal take on things: don't bother with a notice of correction, nobody takes any notice of them anyway. I'd be going down the CCA route and requiring these companies to prove that the debt is enforceable. If they can't, request them to remove the defaults and don't pay them any more.

They're not, no. What should I write in "value" on my claim form? I'm not after any money, I just want them to comply with the DPA.

It's nearly Criminal Offence Day! Clintons are missing a gap in the market...