The questions in mr mills part 18 request are the questions they are relying on for processing your account info as we all know but this is where experian are becoming the jude and excecutioner and ignoring the fact that the correct documentation is invalid/none existant and default amounts incorrect therefore they shouldnt be processing.

Youve got them on the run UK.

Hadituptohere

In todays post Ive received yet another as post 23 telling me RBS will be back in touch in another two weeks....I think RBS have had their time and are seriously stringing me along. What should I do next? Would appreciate some advise.

Hadituptohere

Who's being sold? cabot? to who? guess the games will start all over again...

Hadituptohere

If that isnt a get out off jail free offer in post 75 then I dont know what is..................

Keep at 'em

Hadituptohere

Hi Hadit,

 

I've seen recently that the assigned owner can be claimed against. Double whammy cos you don't pay the debt they've bought AND you take THEM to court for penalties levied by the OC !!

 

However, if they've not confirmed the exact status of ownership, go straight for Goldfish initiallly.

Just wondering if you know the thread for above at all?

Hadituptohere

Sent RBS a reply to the above letter and informed them they had breached the s10 + 12 notice time off compliance also noted that they had failed to supply a Default Notice as advised, this was their reply....I can see im going to have fun and games with this lot (an N1 coming their way)

Hadituptohere

Hi bobbysox

Im in a similar situation with cabot re providian cc, you can read here

http://www.consumeractiongroup.co.uk/forum/barclaycard/166141-providian-then-monument-then.html#post1789876

and here

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/127059-hadituptohere-cabot.html

have a look, hope this helps

Hadituptohere

Thanks for the update, keep up the excellent work

Hadituptohere

Way hay this case has been sorted and settled thanks to all the help of this site and its members. Thankyou for all your help with this one.

cap one still havent produced an excecuted CCA or terms and conditions but I guess thats not what we've set out to do here.

Thanks once again

Hadituptohere

Hi thisholly

You could try this (pinched from bigandy's thread)

Re: Cabot Ref No. xxxxxx

Thank you for your letter of 11 April 2008. I shall reply to the points you have raised in order, if I may.

I thank you for the copy of the application form that I signed and returned to Littlewoods. Unfortunately, it does is not appear to be a properly executed agreement under the Consumer Credit Act 1974, as was my request that you supply. I am sure that I do not need to explain to you why it is not so, as your legal background will no doubt allow you to determine for yourself that the document supplied falls far short of that which would be relied upon in a court of law to enforce any purported debt. I am surprised that you have offered it as such.

You note that I am concerned that Cabot Financial (Europe) Limited has no legal right to share my data. This remains my belief, and nothing that you have said causes me to change my mind regarding this. I have AT NO TIME authorised Barclaycard or any company within the Cabot Financial Group of Companies to share or otherwise process my personal data. You mention that in particular paragraph 6 of Schedule 2, permits disclosure of such information to and by credit reference agencies without the customers’ consent. I am afraid that I make a totally different interpretation of that paragraph, which states

“6. - (1) The processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject.

(2) The Secretary of State may by order specify particular circumstances in which this condition is, or is not, to be taken to be satisfied. “

I invite you to explain to me why you feel you have a legitimate right to process, contrary to my rights and freedoms and legitimate interests. Failing that, please show me where the Secretary of State has specified any particular circumstances which allow you to process my data.

Accordingly, I am again unable to acknowledge that any debt exists. I would suggest that all that you have said and produced to date in support of your claim that I owe anything to Cabot Financial (UK) Limited would fail if used to support any attempt at enforcement through the courts.

Yours Faithfully

Lol....Well put bigandy

Hadituptohere

You also have to remember that cap one claim the charges on your account's aren't unlawful but yet they pay as a gesture of goodwill...lol

Hadituptohere

Hi we used steven's compound interest of 26.48% but Ellie Renshaw claimed it wasnt correct, i used stevens POC for his claim against Goldfish, hope this helps, cap one have still failed to provided a CCA or terms and conditions yet, two reminders sent.

Hadituptohere

should I fill out the AQ as advised above but also put a letter to the judge that cap one have yet failed to pay all their offer along with a copy of the letter sent to cap one requesting the payment?

Thankyou once again steven

Hadituptohere

Could do with some advise as the AQ has to be back by the 17th Nov, thanks guys

Hi tof

I'd have been happy to sit back and bite the bullet as you say if we'd have recieved the amount offered and not allowing cap1's underhand way of reducing settlement fiqures, if you work it out the 70.00 shortfall of their offer is approx three and a half unlawfull charges and thats what has brought us to this point in the first place. The intial claim was for 1044.45 so I think settling for 799.71 is biting the bullet.

Hadituptohere

Hi guys had this letter from RBS regarding my S10+12 Notice which gave them 21 days to cease proccessing my details with third parties, I think there pushing the time scales and their luck.

Hadituptohere

here here DK, can you imagine, the floodgates would be well and trully open. there are so many people behind UK and this thread

Go get them UK, well done and im sure you've got them quaking in their boots.

keep us posted

Hadituptohere

Recieved from the court today a notice that a defence has been filled and a AQ that has to be returned by the 17th Nov, weve banked the check and its just cleared today, but havent had a responce to our letter dated the 23rd Oct recieved by them on the 28th Oct regarding the dispute of the balance and their check being 70.00 short of their offer, what would you advise??

thanks

Hadituptohere

Could be handy to present before a judge, I wonder what the complaints numbers are for equifax, as when I queried entries with them they did put a NOC along the defaults and then as advised by the ICO removed the defaults due to no responce from the source of the default notice.

Could be handy to use as a comparison

Hadituptohere

Papers deem served from the 6th Nov, they have till the 20th Nov to respond.... Cool

These idiots at cabot and hodsons need to be put through the mill, as others have said they push through northampton court in the hope we dont defend. I seriously hope that you do take it to court as crapbot have had a couple of lucky decisions go there way recently where the've managed to sway the jude with their waffle. I think its time to put the boot in where it hurts.....

Hadituptohere

Great thankyou

Hadituptohere