Hi, Thanks for the help. Who do i complain about? Is it Cabot as the original compant i dealt with or do i need to write about each DCA that contacts me? Thanks.

Hi, A while ago i was having problems with cabot about a debt they were chasing that i did not recognise. I followed the usual CCA demand and they were unable to provide a copy of they original agreement. I am now sure the debt is statute barred anyway and Cabot stopped writing to me. The problem is they seem to be passing this "debt" around all the DCA's. Ive been contacted by FIRE (another arm of Cabot i think?), Mackenzie Hall and now an outfit called Robinson way! Each time a new DCA gets in touch i send them a letter explaining the situation, then i hear nothing more till the next DCA gets in touch! How do i stop the cycle? A quick time line to give you the background: 21/04/08 Cabot 1st get in touch. tell them debt is not mine. 25/04/08 find a default on credit file from cabot, last payment received around 14/09/03. 01/05/08 send off a CCA request notice to cabot. 16/11/08 received this: I wrote back rejecting this as it is not a credit agreement and the time scale it took to get it. They stopped getting in touch. 12/08/09 F.I.R.E A DCA get in touch asking i contact them about the cabot debt, i ignored the letter. 18/11/09 Mckenzie hall DCA write to me requesting payment or they would take action. Letter sent to them about not being my debt, nothing more heard. 14/01/10 Robinson Way DCA write to me about collecting the debt, again letter sent to them. 24/05/10 Phone call received from Robinson Way, They ask for some personal details which i wouldnt give, they ask me to go back and read any letters they have sent and ring them. so thats where it stands now. How do i get my details removed from the DCA circuit? I dont want any more letters and no more phone calls! Thanks in advance,

Hi, I am going through a bit of a torrid time at work at the moment and hope someone can help me out! I have been at my current employment for about 6 years or so, i have an unblemished record and have probably had about 4 days off sick in the time i have been there. On tuesday i was received a phone call offering me a job with the highways agency but the offer was subject to passing a medical and C.R.B checks, if these were ok i would officially start April 1st 2009. I was also asked if it was ok to contact my current boss for a reference in the next few days. I only have to give one weeks notice to my current employer but as a courtesy to them i informed them of my plan to leave if my medical etc was ok. this was to give them time to employ/train someone to work my machine and as i was the only first aider to give them time to sort this out. My boss was fine about it and asked if i would write down the dates so he could let the owner know, i did this and gave him a piece of paper saying "if i leave my last week of employment will be 23rd to the 28th of march 2009" and that was all, No date,no signature nothing. The next day the manager called me into the office saying the owner wants it signed, i refused as it wasnt actually my notice. that would be handed in 1 week before i finished. twice that day iwas spoken to about signing it, again i refused. Today the owner took me into his office and said i need to sign the dates so it can go on record, i stood my ground and refused, this went on for half an hour. He was insisting that i must sign it. In the end he gave up asking and said he would decide how to deal with me on monday! So, After that long winded story my question is can i be made to sign this in anyway? The fact i have wrote down some dates cant be used as my notice can it? work has been slow these last months and i have a feeling that he is somehow going to use it as a way to get me off the payroll without having to give me any money. hope someone can help. Thanks as always.

Hi, I have heard of this before on here, You may be right and i did think of removing it but when i think about it even if it was their barcode it wouldnt matter would it? i am just getting advice from better informed people than myself, nothing is put on here that they dont or wont soon know about anyway. Its a good theory though, may pay to remove them in future. Back to the help i need though, has any one got any advice on what i do next? even i can see its not a complete credit agreement but do i challenge them or just ignore them? Thanks.

Hi, Cabot are well known on here for not letting the facts get in the way of them claiming you owe money!!! Still not sure where i stand though, if they have not sent me the relevant and correct paperwork (ie CCA) then do i need to write to them and reject it. I would also like to make a formal complaint so would i cover it all in one letter or write two seperate letters? Thanks.

Hi, Thanks for the quick response PT. Qoute "Quite simply what you have been provided is an improperly executed agreement ( see s65(1) CCA) now that document is not enforceable save for an order of the court turning to s127(3) CCA you will see that the court is prohibited from making such an order if the document fails to contain the prescribed terms, which this document does:wink: so it is very possible that Cabsnot have brought a duff one" What would my next move be? Do i just ignore them now as they cant enforce the alleged debt or do i need to write them a letter stateing that they still have not complied with my CCA request and therefore make a formal complaint? Thanks again.

Hi all, Its been a while since i last updated because i thought it had all been sorted.....but !!! I recieved a pack through the post today from cabot, inside was the following bits. This hasnt been doctored by me, this is exactly how it came ! also in the pack were some statements from 2001 till 2003 showing they last recieved a payment on 16/07/03 (the credit card company not cabot). They also sent two sheets of photo copied terms and conditions for a monument credit card. Now from the start i have said i know nothing of the debt, i still stand by that. The first picture that shows the signed part of the " agreement" does look like my handwriting and my signature (i have deleted them off before posting on here) but it looks like an application for credit, in fact it is stamped by them with "subject to approval". It also isnt attatched to anything so could relate to anything surely. Now i cant remember in 2001 if i applied for a credit card of them or not. My other problem is that the terms and conditions they have sent me are for a monument credit card and the signed application is for providian credit card. monument took over providian in January 2004 but the signature of mine is dated 23/09/01 so its impossible for this to be the correct terms and conditions at the time of the signature. The statements worry me also, They have my name and address on but i have never owned a providian credit card and as such have never made any payments to them. how could this happen??? Where do i stand legally now, have they really provided what they needed to under CCA rules or are they trying to bluff me? Your help is always appreciated, thanks.

Hi, Good advice as usual. If you look back at post number 8 the last part of the letter states that it is now a formal complaint, Should they have sent out their complaints procedure then or do i have to specifically ask for it? Cheers.

Hi, Ok, I have edited the letter and removed all the stuff that ms word added. It still is putting smileys instead of 8's but i think you can get the idea of the letter. Thanks again.

Hi, My bit of advice would be to never, never talk to them on the phone. Believe me i tried and you are wasting your time!! Only deal with them in writing so you have proof of what was said. If you look around this forum you will find a template letter to send them to stop the phone harrasment, But as someone else mentioned i dont think they have any right to give out any account details to anyone but the original debtor, i might be wrong but isnt that what the data protection act is all about? You will get some really good advice on here like i did so dont let them get you down! Good luck

why is it putting all the font info into the reply????? Copy and pasting from ms word!!!

Hi, I have just quickly jotted down a response to cabots last letter. I am not the best letter writer in the world so some constructive critisism or some pointers would be very welcome[/font] Thanks as always 30th July 2008 Cabot Financial (Europe) Limited, P.O. Box No. 241, West Mailing Kent, ME19 4NE REF: xxxxxxxx I do not acknowledge any debt to you or anyone you represent. Dear Sir/Madam Thank you for your letter of 22/07/08, the contents of which have been noted. On the 25/04/08 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. As you readily admit you have failed to provide me with said agreement. In your letter (dated 22/07/08) you draw my attention to paragraphs 1 and 2 of schedule 2 of the Data Protection Act which states that: 1) The data subject has given his consent to the processing of any personal data. 2) The processing is necessary for the performance of a contract to which the data subject is a party. Can I draw your attention to the fact that both of these conditions would only be valid if a true signed copy of an agreement was available? Without out this agreement I cannot understand how you can claim to have my consent to process my data. I would also like to point out that the true signed copy of the agreement is needed by yourselves before you can make any claim to a contract between me and your company. As a result of your reply I now feel your company has no interest in helping me resolve this complaint and you are leaving me no option but to end communication with you and your company and contact the relevant authorities, including but not exclusive to, the financial ombudsman service and the information commissioner’s office. However, to reciprocate your gestures of goodwill, I will allow you 7 days from receipt of this letter to re assess your position. I would ask that you read through my letter (dated 06/07/08) and act on my request. If I do not receive a satisfactory response within 7 days I will assume that you stand by your original response and I will make an official complaint to the relevant authorities.

Hi, While i write my response to the last letter from cabot i have a question i need answered! If a DCA is unable to provide a C.C.A within 12 days they then default and can not demand any payments while the account is in dispute, Correct? They are then allowed another 30 calender days to provide the CCA but what does it mean if they dont? If you read through my posts you willl see that cabot can not provide a CCA and are well over the 30 days now but they dont seem that bothered so what is the point of the 30 days? what does it actually mean to them if they cant provide it?. ps. Any help in composing a response letter to the last cabot letter i had would be appreciated. Thanks as always.

Hi, Just been reading the letters again, Does anyone know if this will be a personal response to my letter or if it could be a standard generated letter they send to everyone who asks for them to stop processing their data? Its just the more i read it the more it doesnt make sense for them to keep mentioning a contract when thats the one thing they can not provide me a copy of ? Thanks David.

Hi, Its took a while but i can now post an update! I took your advice (thanks again) and sent Cabot a letter which roughly followed the template and basically said they had the wrong debtor and that i wanted them to remove any info they held on me and stop processing my data etc. I got this letter in response: sorry about the images quality. it is all one letter and the same size text in the original !!! Now the way i read this they are saying that they are allowed to keep my data because i have given my consent (condition 1), I presume the are refering to a signed credit agreement. They do not have one because one does not exist! They also seem to be using Condition 2 which again talks about a contract, Without a credit agreement what contract could there be? Am i missing something here or are they saying we can not provide any evidence of a contract but because we THINK there is one then we will keep hounding you and processing your data? Any ideas of where to go with this or is it time to go straight to the regulators? Thanks again.