Hi, Looking for a bit more advice with this. Last year Cabot decided to try and collect this debt again with various threatograms, which I ignored. (approx. £9250) I then received a letter from their lawyer, Optima, giving me a few weeks to make a payment or else. When Cabot first wrote to me about this debt they sent me a forged NoA from BoS telling me the debt had now been passed to Cabot, so I have kept this up my sleeve for an emergency such as this. I replied to Optima telling them to send me a copy of their clients Complaints procedures as it was my intention to exhaust their complaints procedure with this before reporting them to the FCA and Ombudsman for fraud, I also sent them a copy of the forged NoA, and told them I had been in touch with BoS and they had confirmed that they do not give any 3rd parties permission to use their logo or send letters on their behalf and that the NoA, although on BoS headed paper did not originate from BoS. I got a reply from Optima saying they had passed this request back to Cabot and they themselves had dropped their interest in it. (Wonder why) Last week got a letter from Cabot saying they will now not try and collect the debt again and I will hear no more from them or their agents about this debt--Very nice of them I thought, especially since it is now time barred. In the beginning with this, I paid cabot, approx. £350 towards the debt before I started to query it and put the account into dispute--I now want to turn the table on these maggots. I want my £350 back with 8% interest plus suitable compensation for them fraudulently extorting money from me. I only learned from BoS 3 years ago that the NoA was a forgery, so this wont be time barred, is this a good idea or not to try and get the money back? Advise appreciated

Hi Monkeynuts, if you are just trying to buy sometime with this, I would send a letter back to the bank and tell them that the Default notice was missing and you would like to have a true verified copy of the default notice--they will most probably (as in my case) send you a letter back saying that they dont have it, and they have sent the original to you. At the same time, write back to crapbot telling them that the bank hasnt complied with your SAR and that you are putting the account into dispute until such time as the bank fully complies, as is your right to do so. You can play letter ping pong with them until the bank sends you all the details and crapbot cant do anything except send you letters tellig you that they have placed your account on hold. The bank will eventually end up sending you a re-constructed Default notice, Crapbot will then tell you that the bank has now complied and you now need to pay. Write back to them and tell them that the account is still in dispute as you are challenging the legitimacy of the default--you have 6 months from the bank sending you the reconstructed default notice to make a complaint to the FOS--use the whole 6 months. The FOS will then make a decision on the default within two or three months, and then tell you to start paying, you then tell them that you dont accept their decision, and want to refer the matter further with the FOS, it will then get passed on to the adjudicators manager, who will after another month, write back to you telling you that the adjudicator made the right decision. You then write back to him and tell him where he can stick his decision and that you want the matter reviewed by the ombudsman, this will take at least another 6 months, but he will also back up his sidekicks, but all in, you will have held off Crapbot by at least 14 months, maybe longer, and by that time you may be in a better financial postion. This is what I have been doing now for just over two years, and crapbot cant do anything about it for the moment. Good Luck Cheers

Please dont complain to the FOS, all they wil do is check to see if a debt was owed, and if it was, they will tell you that you have to pay them--Bunch of spineless *@!*/"(s!!!! I have been provided no signed agreement--No default Notice-No termination Notice-No NoA, plus I have proof that the bank didnt issue the default notice. FOS told me that it was clear that a debt was owed, so pay them---I quoted section 87 and 89 of the CCA and the law of property act to them, and they have written back telling me that they dont look at the CCA or LoP act when looking into cases such as these, they simply form an opinion if a debt was owed or not:mad2: I am no expert, but have managed to hold Crapbot off for just over two years--If I as you--send a SAR to Halifax,and then a letter to Crapbot telling them that you are putting the account into dispute until such time as the Halifax respond to your SAR. When Halifax send you all the details of the SAR, the default should be included, but most probably it wont,check the banks internal records to see if a default has been issued on the date that they claim. If the records dont show a default as being issued on the date that they claim, write to Crapbot and tell them that the bank has failed to send you all the details of your SAR and they are now in default, and that the alleged account will remain in legal Dispute until they fully comply with your SAR request, tell them also that you are withdrawing permission for them to call you at your home or work and you will only deal with them by letter. Write back to the bank and tell them that you want a copy of the Alleged Default notice and you are placing the account in dispute until they do--they wont send it to you, they will most probably tell you that they dont keep the original as it was sent to you. Crapbot should write back to you confirming that they are placing your account on hold and most probably ask you why you are disputing the account. If they do ask you why, write back and tell them that you are now dealing with the bank and when the bank make a satisfactory reply to your SAR you will be back in touch. Dont write back to the bank asking for the default notice Crapbot will send you lots of letters asking about the account, they will also check with the bank as to why you are disputing the account, so they will eventually find out. If they do find out why you are disputing the account, just keep telling them that the bank still hasnt complied with your SAR. They start getting angrier and angrier in their letters, but at the end of the letter they keep telling you that the account is still on hold--its quite amusing!!! This is how I have been dealing with Crapbot, only mistake I have made was,I kept writing to the bank asking for the default notice, which they eventually reconstructed with all the wrong details of the default on it, and then I passed it to the FOS--Bad mistake getting these muppets involved!!!! Good Luck

Originally Posted by Hadituptohere I thought id read somewhere whilst dealing with cabot that collection activity should cease once the account was in dispute ??? Ive also managed to stumble across the ICO's FData Protection Guidance and it also states in there that information shouldnt be proccessed if in dispute or inaccurate Hadituptohere Hi Hadit, good luck with these muppets. I dont know if this is still the case or has been changed, sure someone will let you know about this. I think you are asking about CCA 77(6) which I think is about the bank not providing you with details of the account, which puts the bank in default, and while the default continues, they are not entitled to enforce the agreement. Hope this info is correct. Good Luck

Hi Bazooka, I know what the letter means, I just dont know what they are playing at. I havent asked them or the bank to produce any documents or information on the account, so I am stumped as to why they have sent this to me--dont get me wrong, it brought a smile to my face when I opened the letter:lol: The last letter from them a week ago says they will start court action if I dont pay them, this week they say they are now treating the debt as irrecoverable?? What next?

Hi, got a letter from crapbot this morning telling me they are now treating the account as irrecoverable as they have not received the requested information from the bank, but reserve the right in the future to collect the debt should they receive the information from the bank. I have no idea what information they say has been requested by myself--anyone any ideas about this? Is it part of the game that they play with people?

Thanks anyway Delilah--good luck, Hi Elsa, I will look up Govan law centre and see what they can do

Hi Delilahsabh, I am having problems with crapbot also and looks like they are going to try and take me to court. I am in Scotland also, and would like to get legal advise, your lawyer sounds pretty clued up, I have looked around for lawyers who deal with these issues, but havent found anyone. I am in the South Lanarshire area--is you lawyer in or around this area? If so, would it be possible for you to somehow let me know who it is so I can get in touch with them and take my problem to them for advise? Hope this is ok. Good luck against these muppets!!!!!

We will see what comes of it--Im sure they will start court action sooner or later. I crapbot dont know about the Issues with the Default notice (unless the bank has told them), I dont tell the anything except not to call me at home if they call, and when they ask why I have disputed the account I tell them it is none of their business, so we will see. Do you think I should make token payments in the meantime?

Hi Bazooka, appreciate the reply, yep, still threatening, but as yet, no action, and its --The one-the only--CABOT!!!

Can anyone give me some advice on what to do next? I have sent off an appeal to the FoS (for all the good that will do!!!), however, I have just received a letter from the DCA telling me that if dont contact them with an offer of payment they will start court proceedings. Any suggestions would be welcome.

Hi Jasper, thanks for the reply, it is certainly something I will look into, does seem to be fraudulent, although the banks seem to think they can pass off as genuine what they want and then get back up from the Muppets at the FOS. Any ideas on how to proceed with the FOS, I have around 10 days in which to make a reply to them? Cheers

Can anyone advise? Reading back on the letter received from the adjudicators manager, he says " The FOS are not the industry regulator and my complaint is a matter for the ICO and not the FOS etc" he then goes onto uphold the decision made by the adjudicator!! I dont understand how they can say that this has nothing to do with them but still go ahead and make a decision--Maybe Im thick. Should I write back to these people and ask them to overturn the decision they have made since they say that the matter has nothing to do with them and should have been sent to the ICO, or should I write to them and tell them that if they dont overturn the decision then to pass it onto the Ombudsman to look into the incompetence of these two muppets? Or should I pass the case to the Ombudsman to look into the whole scenario, await his decision which will be the same as the adjudicators and then pass it to the ICO? To Recap: Complained to FOS that the Bank did not send a Default Notice. Banks internal records show that no default notice was sent. Reconstructed default notice that was send showed a breach of the wrong T&Cs, defaulted amount was wrong, and the prescibed terms were littered with spelling mistakes. Any advice would be appreciated

Appreciate the replies, thank you. Is it worth my while passing it onto the Ombudsman and letting him make a decision on this? Should I go the ICO regarding the Reconstructed Default notice? Can anyone suggest another course of action? Thank you