Hi y'all, Nice new format for the site - congratulations admin! Ok, quick story, a colleague (not me for once), set up an account with NP last year who provided gas and electric for a DD sum of £24/ pcm. Three months into the contract a bill was issued for a further £300, though the account holder had been paying the agreed sum....and thought this was an annual forecast. Without realising that this was in fact a bill, and most importantly having had no further correspondance from the provider (by way of demands etc.), a later bill for £600 has now been issued. Now having called the provider, they have suggested an increase in the DD to well over £100 pcm - though intially they were fishing for over £250 pcm to reduce the account. I am aware of utilities providers [causing problems] customers via DD's which is why I have suggested my colleague cancel immediately the DD immediately - in case NP decide to fleece the bank account. Do you have any suggestions for an appropriate recourse of action against the provider...fortunately the account is currently on hold while they allegedly 'investigate'. I am amazed however, that whilst the customer has been paying the original DD sum, that there has been absulutely NO correspondance relating to an explicit radical increase in the DD? Or again more importantly no threatening letters...my own provider gets antsy after less than a week if my bills are overdue. Suggestions and links more than welcome as ever. cheers By Jingo!

Oh dear me, I appear to have upset somebody in Kent. Either that or their verticle smile has turned back into a frown! Apprently Cabo have only just bought this debt (as of a month ago), and have now started their campaign of doorstep junkmail anew. I am now some six or so letters back into the merry-go-round, right from the start. Should I: a. start to use their complaints proceedures, again, bearing in mind that to my mind the account is still in dispute (no legitimate CCA still), and they still haven't given me a satisfactory answer... b. ignore them and hold out for SB in four months time. c. wait for them to take the game on to the next level. I'm curious naturally, as I would have thought that by now, if the debt was in fact legitimate, that they would have taken me to court for the money already? Isn't it therefore a little immoral just letting the interest rack up on this?

ok, maybe I'll just sit on it for a bit. I was thinking of contesting the default as it has only recently affected my credit...I think... I wonder if there's a way to find out when they defaulted me with the cra's? Surely if its a recent thing - then as the alleged account is still in dispute they would have done so illegally?

the alleged account you mean? er, just under six years, I am a little concered that cabs recent activity might have prolonged the default which is showing as being over five years old, nice to hear from you btw noomil the S10 notice I served, was ignored, and the ICO decided that as I had provided the OC with permission (on the application for credit form, not a CCA), to share my data - that by virtue cabs had the right to process my information

well, suprise suprise, although Cabs seem to have dropped off the face of the earth and stopped pestering as they have no CCA and hence no right to my money, they have added a default with the CRA's. do I have any legitimate grounds for it's removal if they have no CCA? all they ever sent me was an application form for a credit card (seen earlier in the thread) any suggestions appreciated

Hi all, its been a while since I last posted as I've been waiting for any news from various parties. Firstly I lodged a complaint aganst our friends in Kent with the TSO, based upon the idea that they are using intimidation tactics (varying the amount I allegedly owe to them in their letters). Also a report to the Information Commissioners Office based upon Cab's breach of the Data Protection Act in processing my info after the S10 notoce was served. And finally a letter to the FSO for breaching rules of fair practice etc. Out of all of them, I have only so far heard back from Cabs and the FSO. Cabs are adamant that they will not change their position, and the FSO, were waiting for Cabs final response. Hopefully, the FSO can now take them to the cleaners...any thought???

By the way, I spoke to the OFT this afternoon who said I could use Noomills form from post 42 as an idividual and not as third party only! Hope this helps everyone here and opens the floodgates on our friends in Kent. The form is really comprehensive and provides much scope to inform the OFT of how DCA's are operating unlawfully. I have now had at least three seperate amounts requested by crabs for the same disputed debt. What I have noticed is that everytime they get overconfident, the price goes up. Some very devious stuff methinks... and so will the OFT!

Thanks pt2537 hope the work is going well, and nice of you to join the thread. Appreciate your comments on this, as my initial gut feeling was oh sh*t when I opened my post the other day. But of course that's the effect our friends wanted, isn't it? But did I phone them? Nah! There were a couple of interesting additions to this mail drop though, which included what is alleged to be a deed of assignment from the OC dated the same day as the letter that came with this 'apparent' CCA... and some 'sample statements' from the account they claim I owe. Carpboat reckon the enclosed 'deed' was a true 'reproduction' of a letter sent by the OC years ago, but I'm wondering if they wrote it to legitimise their non compliance to my CCA request and their ongoing pusuit of an illegitimate debt? Ok, gloves are now off, next I write next to Cabs to say no thanks & please send a propper CCA, and to make sure they get stuffed I think its time to get the TSO and ICO involved. Cheers matey.

Ditto, sterling advice noomill, way to go. Ok, so... I'm again looking at a range of options...which are all better than those offered in the last letter that cabs sent me. 1. A written response to again contest their alleged CCA (application form), which is not countersigned by the lender/ OC, and is illegible anyway. 2. Brilliant link noomill, I'll look into the OFT's Debt Collection Guidelines, and send in a formal complaint once I've scanned over them. Sure I can adapt that form somehow and self-represent. It would be unfair otherwise. 3. They went beyond the seven days of my initial S10 I'm thinking, so why not hit them with something from the Information Commissioners Office to boot, they have still not provided suitable grounds upon which to harass me for monies allegedly owed, and I have given them due notice to stop processing my data, right? Feeling much better now, and fighting fit again. Thanks all. This makes my blood boil.

It says (and this may not be word for word I'm using a massive magnifying glass here): "Credit Agreement regulated by the Consumer Credit Act 1974 This is a credit agrement between us, Barclays bank PLC, Barclaycard Centre, Northampton [postcode], and you, the person whose name appears in section 1 of this form. By signing the agreement you confirm that:-the details you have given us are correct;- we can make credit refrence;- identity and other enquiries following [difficult to read] practice when we consider your application" The rest is really difficult to read, but it goes on about how I have read and understand the section on how they can use my information (Data Protection bit I guess), and little else. There is also the first bit at the top of the page which suggests to me that this is an application form maybe? There was a second sheet far less legible even with 'Conditions' at the top of it, but this was not attatched/ signed. So if this is not legally enforcable, what is my next move?

It was in PB....still, this one looks better.

Ok, this one is big...higest res I could get, and I even reset the contrast to make it clearer...still hard to read tho...I think its been faxed? Its a bit like a magic eye picture, but far less gratifying.

Hmmn, you should see my copy - I''ll try to scan a higher res image, but don't hold your breath Is this just an application form?

Erm, there y'go...hopefully! Ahhh this forum works much better in Firefox. Think I've photoshopped the right stuff out...interesting tho - I thought it (CCA) had to be countersigned by the bank? They also sent me a couple of badly photocopied partial statements, and a letter from 2008 (as a reproduction mind) of the original deed assignment to them. Presumably written by Cabs on behalf of the OC, on OC's headed paper.

Cheers BB, from looking at other CCA mock-ups on the CAG it looks more like the real McCoy. And yes my sentiments exactly for the extra c-tax of 1500! The tone of this latest offering is also quite different...the S10 seems to have touched a nerve - either that or I'm really trying their patience. I'll get a copy online soon as I crank my scanner into life and work out how to stick it on the thread. cheers

Hi all, Cabot have finally written to me over my S10 Notice, but the news does not seem good. They have replied in kind, with what would appear to be the original agreement from BC, and have again hoisted the amount from 3500 to 5K....even though the deed of assignment from the OC states 3500!!! So they have gone way beyond the 30+14 (even though that no longer seems valid), and are now pushing for a way larger sum. I'm really freaking out now - Help!!!!

neat, cheers bb. And finaly I can add to their doorstep flotsam for a change. Thanks

Ahh right, cheers for that, I didn't know it was there, oooh this is a whole new can of whoop ass!

Thanks for the feedback y'all. On the downside I still can't find the s10 letter template, is it with the others where I got my CCA form from? I'm full of cold and not thinking too clearly at all. But, I seem to be in luck then if I want to voice any compliant to TS/OFT as the new legislation supports the notion that DCA's are in effect creditors, as of May 2008 right? Good for me as Cab's state they legally own this alleged debt. Bad for them as they have no CCA to support the claim. There seems to be some good stuff elesewhere on the forum about getting DCA's to remove defaults etc. on my credit record. I might have a go at putting something together this week. I'm also guessing that should Cabs send me another pay up or else type letter without CCA, that the OFT will have their gonads.

Thanks red, where do I find an example of the s.10 Data Protection Act 1998 Notice? Is there one online here already somewhere? Just my luck that they've packed in the the summary offence for a default....where does that leave consumers though???

Additional - are there any good TSO templates out there to smack DCA's with???cheers

Casbo have written to me, informing that they are unable to produce a CCA as requested "within the relevant time period". They have decided to "hold any action on my account until further notice". Which is nice. They also inform me that although they are now out of time, that they will continue to pursue the OC for my alleged CCA, on my behalf. I was under the impression that any further activity of theirs as DCA's would be a criminal offence post the 12+30 deadline, is that right? I guess I should now have a look at my credit record to see who has been tampering with it (defaults?) and get a heavy book ready to throw at them if its not removed posthaste. Where do I go from here guys??? Library, OFT?

I spent the £1 on sweets and comics. The beano was good last month. Having had yet more doorstep flotsam from Cabs recently, I'm wondering if I should send BC (to whom I allegedly owe money), a letter to request evidence of statments under the Data Protection Act (SAR). At least I could claim back all/any fees they may have charged me on this disputed account. If they have in fact sold this debt on, then they should have no grounds upon which to refuse the request or chase me for it themselves, right? Is this a good idea, or is it more like waving a red flag at a bull, admitting liability, and ownership of a refuted debt? They are still tyring to provide evidence for the CCA after all.

It seems that the original creditor is experiencing 'technical difficulties' with their archives. Hopefully what they are looking for has gone the way of my odd socks, the dodo, or the sets of keys we could never find. Surely a DCA should have to prove their ownership of an alleged debt as the new/ current creditor? Isn’t that the point of CCA-ing them in the first place? Why has this not yet happened, could it be that they do not in fact own it? Also in the most recent keeping you warm/ making you scared letter I got, the apparent debt has mysteriously shrunk by 2K. What gives?

I'm new here as well but have been in a similar situation to you. Best bet really is to do two things, one; look at tbern123's great Cabot 101 thread (from the starter page on the Debt Collection Industry page), I'm sure someone will post a link to the letter templates, I haven't figured out how to get hyperlinks working yet.