Jump to content


  • Tweets

  • Posts

    • Thanks DX - I wondered about the blacked out bits. That's their doing not mine obviously.   Attached is the exhibits part of the bundle. Sorry about this, no matter what I compressed the whole thing down to I got the oversize message, even if the filesize on my computer was showing as well under 4.8mb   The_exhibits-compressed.pdf
    • Thanks Bankfodder!   Hello again everyone.    I received my SAR back from Elderbridge and what and absolute load of **** it is!   1.  They did not send any transcripts or recordings of any phones calls  - both myself and my husband spoke to them in Aug 2016 (noted in their diary notes) and I called them in Dec 2018 (again noted in their diary notes) it was the same day they sent the reply even though they have mentioned me calling in their notes on that day, so not sure I should let that go or not!   I also spoke to them in July 2016 (again in the notes) and I spoke to them in Dec 2012 (again in the notes)    2.  Going through the diary notes in the beginning notes were sporadic mainly because we were making payment and everything was ok, then later as things changed there were notes almost once a month, then in NOV 2012 and Dec 2012 frequency of notes increase as this is when they began court proceedings.  and throughout 2013 again lots of notes made - mostly their in house stuff about court dealings and so on - so that's fine. then in NOV 2013 hey made a not re the court date in OCT - saying that they were ordered to treat the loan as having a fixed rate from inception and sent off etc.  BUT from 21 Nov 2013 to 17th June 2014 there are no notes at all!  Now the hearing was on the 10th Jan 2014!   17/06/2014 14:43 *****Substantial EVS costs to be added to any SF ****** 17/06/2014 14:43 EVS Defended + At the hearing on 10/01/2014 an SPO for 500 on 26/01/2014 and then CMI + £60 wef 26/02/2014 plus MJ for £103,331.03 suspended on the same terms. It was also held that we could add our costs - Defended costs on this case are £33,879.80. 17/06/2014 00:00 Reviewed Reviewed 17/06/2014 00:00 ***Defended Costs*****:To be added to any SF ***Defended Costs*****:To be added to any SF 21/11/2013 04:13 ADHOC Statement Printed From 03/10/13 To 13/11/13 Batch 2015 Sequence 28 Printed 13/11/2013 00:00:00   Above you can cleary see the gap then suddenly the first notes talk about the court case and costs etc, at the trial in OCT the judge reserved cost till the next hearing (also stated on the documentation from the court)  but then at that hearing in Jan 2014 we did not discuss costs - the 6 month gap I feel is very suspicious.    The final court document  dated 13th Jan 2014 says to pay the claimant £103,331.03 which is the amount outstanding under the mortgage and goes on to says order were not to be enforced as long as we pay etc.  no mention of costs at all - so they seem to just be adding them   3.   They sent a field agent to me in Jan 2018, I only knew this as on the 9th Jan 2018 I was working at home and heard the letterbox, thought it was the postman, went to the door to find an envelope shoved through the door with a letter in it saying they had been requested to visit me and that they called today but I was not in! and gave a number for me to call ( I saw the woman walking down the driveway - but she did not ring the bell! and I wasn't about to run after her!)   But in the notes they have written this utter lie!   30/01/2018 12:44 Field Agent Report Received The field agent visited the security address on three occasions. The customer was spoken to through the window. They refused to discuss and refused to answer the door. The contact number on file is not recognised. RFA - Not known Reasons for items not verified:N/A Details of variances of items outside of expenditure guidelines and reasons N/A Property is a detached house in good condation valued at £406,000. Equity not known. I actually cannot believe what I have read here! Can I ask them for some kind of proof of this, because I don't know who they are talking about but it certainly wasn't me!   4.  the documents they had sent me a joke, they have sent 77 documents in total, none of these are copies of letter from Elderbridge (which is who I sent the SAR to) all from First Plus and certainly not ALL of them, they have been bulked out by sending me copies of documents that I sent TO THEM for my court defence and there are strange Black boxes over some of the text!? which I don't understand!     After receiving this info from Elderbridge I decided to send a SAR to Barclays and I got a small package with a couple of letters, some diary notes and screen shot of the account, as well as a short statement of account. This was for our ORIGINAL loan from Feb 2006,  (we topped it up in June 2006) and the first one was closed.  The second one is the one that has been transferred to Elderbridge but Barclays seem to know be denying ALL knowledge of it! and I know that they still hold the beneficial interest of these loans and that Elderbridge regularly contact Barclays for help and advise - I have contact with other account holders who have diary notes from Elderbridge showing contact to Barclays!..   This week I also had a reply from the FOS (only from an adjudicator not an ombudsman) and his initial opion is that it's ok for Elderbridge to claim the costs as we defaulted, he seems to be ignoring my argument that the relationship is unfair etc but I will be sending this back and asking for it to be looked at by an ombudsman.   But was hoping that someone here could give me any advise re all of this - sorry I know it's a lot!!
    • why all the blanked out stuff in the parking contract? and no proof its paid this year either?  
    • pop the exhibits as a sep file i'll merge them for you
    • Thanks.   I've managed to reduce the file size and deleted from this copy all of the pages of photos and copies of the signs. Just their witness statement and the photos of the car parked up remain.   They say "My company relies on Parking Eye v Beavis (2015) in which it was accepted as an established principle that a valid contract can be made by an offer in the form of the terms and conditions set out on the sign and accepted by the driver's actions as prescribed therein"   Is there a refutation to this case anywhere? Or do I not argue that  and just refer back to EB's earlier post and focus on the signs?   "What you are writing is roughly your side of events and referring to the evidence you can provide so that will include their signage, any evidence or lack of authority for them to offer anything, their paperwork if that doesn't create a liability, the POFA where the vital phrases have been missed by the parking co or the timescales missed.   then you pick holes in the wording and substance fo their claim, for example, contractual sum or breach of contract - they are different. are they claiming from you as driver or keeper, cant assume they are one and the same.   What about the amount claimed? it will invariably include unicorn food tax so if they are saying keeper ia liable they are limited to asking for the amount shown on the NTK and you should make this clear as it helps damage their assertion that driver and keeper liability are the same thing   As they havent responded to your CPR request for documents you can start off with that but it isnt a golden bullet, "   thanks Bundle_the_approved,_signed_statement_with_the_exhibits-_Reduced.pdf
  • Our picks

cricket1

Cabot Fan Club - New Member - Help

style="text-align:center;"> Please note that this topic has not had any new posts for the last 4262 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi there,

 

I have recently CCA'd our friends and got a second reply today on one account. They are well into the 30 days as well. But not over it.

 

Basically, stating they havent been able to get the info from the original vendor. I had been paying but stopped to dispute the debt after dicorce proceedings etc etc...

 

The original vendor no longer has any records relating to this account or they have been unable to obtain the info from their archives.

 

Cabot do depend on the original creditor to provide and we regret we are unable to provide this.....

 

If I have any queries abt my acct or paymt options I shud ring them....ermm..right.

 

An advice from my learned frends out there???

 

Thanks

Share this post


Link to post
Share on other sites

Well remember NO CCA = NO Enforceable debt.

Bad luck Cabot no payment on this one ;)

 

Here's a nice letter to send them

 

Edit as needed:

ACCOUNT IN DISPUTE

 

I refer to my letters dated XXXXXXXX which was delivered via recorded delivery to your offices on XXXXXXXX, and my follow up letter dated XXXXXXXX.

 

In my letter xxxxxx I made a formal request for a copy of the signed, executed credit agreement for the above numbered XXXXXXXX account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

 

It is also my belief that your continued pursuance of this matter also constitutes an

offence under Section 40 of the Administration of Justice Act 1970.

 

Failure to respond favourably to this letter within seven (7) days of receipt will result in immediate litigation being commenced against your company without further notice.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours faithfully

 

Their next letter will start going on about them NOT being the creditor, but having bought this debt under Law Of Property 1925 s136.

Well this is cobblers and they MUST supply documents for your CCA request.

When they do respond post back and we can help.

  • Haha 1

Be VERY careful whose advice you listen too

Share this post


Link to post
Share on other sites

Yup, if they can't prove they are entitled to any money, why should they get any.

 

Write to ask them how else they think they might demonstrate to you that they have a legitimate rightto any of your payments. And that unless they come up with a satisfactory answer, you will get the Financial Ombudsman to ask on your behalf.

Share this post


Link to post
Share on other sites

Thanks Curlyben.

 

Should I send this even thought the stautory 30 days have not expired, or sit tight for a few more days??

 

I CCA'd then 7th Aug by RD letter.

Share this post


Link to post
Share on other sites

Sorry Seahorse, thought I'd try my hand with some Cabot correspondence for a change ;)


Be VERY careful whose advice you listen too

Share this post


Link to post
Share on other sites

Hold tight till they pass 12+month and then WAIT until they demand payment again.

Send the letter AND report them to Trading Standards for demanding payment for an unsubstantiated debt


Be VERY careful whose advice you listen too

Share this post


Link to post
Share on other sites

Thanks Curlyben/Seahorse,

 

So for claritys sake, the Royal Mail RD printout shows they received it on 9th August.

 

Should I wait until they start to chase me after 26th Sept before nailing them again on this alleged debt?

 

I stopped payment, but in beteen, have received a standard letter aksing for payment even though they acknowledge the CCA and asked me to be patient.

Share this post


Link to post
Share on other sites

So received on 09/08

12 working =27/08

Month = 27/09

You don't count the day they received as they are allowed that for processing ;)


Be VERY careful whose advice you listen too

Share this post


Link to post
Share on other sites

Yahooooo Fan Club to the rescue... :D Hallo Mr Maynard - another one bites the dust :D

 

 

Don't forget, if you paid money and they have no proof they are entitled to it ask them for all you paid them back. I could have written to you asking for money - would you pay me? Course not - so why pay them?

 

Go get em....

  • Haha 1

Cabot and the Cabot Fan Club Threads:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

How to use the Forum

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

A click on the scales below is appreciated if my posts were helpful

Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.

 

PLEASE DONATE IF SUCCESSFUL - Every little helps :)

 

PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able to respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! :D Thank you.

Share this post


Link to post
Share on other sites

Great...

 

I will wait their obscene and anon phone calls with great ignorance, just lik the one today...then fire the above letter and wait for their Law of Property blurb....

 

Thanx CB

Share this post


Link to post
Share on other sites
Great...

 

I will wait their obscene and anon phone calls with great ignorance, just lik the one today...then fire the above letter and wait for their Law of Property blurb....

 

Thanx CB

 

Ask away, you probably won't get it, but ask anyway they have no right to keep it.

 

 

Sarah ;) - different kind of 'mate'

  • Haha 1

Cabot and the Cabot Fan Club Threads:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

How to use the Forum

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

A click on the scales below is appreciated if my posts were helpful

Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.

 

PLEASE DONATE IF SUCCESSFUL - Every little helps :)

 

PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able to respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! :D Thank you.

Share this post


Link to post
Share on other sites

Hi All,

 

Interestingly I have received a reply to my CCA's today:-

 

I have received an application form for a store card, with no prescribed terms....

 

Their letter states its a copy of the original application form...

 

I will try and upload this asap.

 

The 2nd letter is much more interesting...I think

 

They state, they have enclosed the only available statements for the account as it may be the original lender no longer has any records relating to my alleged account or they have been unable to obtain the info frm their archives...

 

Cabot is dependent on the original lender to provide information and we regret we are unable to provide any further information.

 

The interesting part is that I personally feel that the statements have been doctored to some extent...

 

Also, more so, the 2 statements are dated 3 years apart....hmm so much for stating they are the ONLY statements available...

 

The statements dont look like the original ones that I recall getting and there are some differences on the 2..

 

Finally, the address they have on them, is for my fathers address, 3 years apart...when I can prove I wasnt in the country for 1 whole year and have not lived at that address for any of the period...

 

Again, I will try and upload them...

 

Any comments from anyone...

Share this post


Link to post
Share on other sites

Oh well smell like Cabot as ever.

Can you say "unenforceable" ;)


Be VERY careful whose advice you listen too

Share this post


Link to post
Share on other sites

In my polite worded letter back to them...

 

I will upload and see what my learned friends state and perhaps surmise like me....Maybe even a polite call to the OC....to find out...

Share this post


Link to post
Share on other sites

This isn't a GE Money store card by any chance.

I had a similar experience with them earlier on in the year.

CCA'd the DCA, got a borderline application back and told them I was going for the charges.

Got some information from GE but no where near everything.

Then out of the blue the DCA said they had closed their account and returned it to the OC.

Well that was 6 months ago and I haven't heard anything since.

 

Shame really as that would of been an interesting fight ;)


Be VERY careful whose advice you listen too

Share this post


Link to post
Share on other sites

Cheers CB

 

I will upload them and we will go frm there and I will log everything...I have a copy of all their letters

Share this post


Link to post
Share on other sites

Well, they can certainly prove you had an account and a card. But I fail to see that they have shown how they have arrived at the conclusion you owe any money. No agreement, no statements showing what was applied and when, no proof at all except there was an account, which was never in doubt.

 

Complain to all and sundry, exhause their complaints procedure, and if all else fails, take them to court.

Share this post


Link to post
Share on other sites

*ROFLMAO*

Yep and I can paint with my fingers, doesn't make me Damien Hurst.


Be VERY careful whose advice you listen too

Share this post


Link to post
Share on other sites

I'd love to see an explanation for how an account summary is in any way a valid executed agreement. Still, bless 'em for trying, eh?


  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

Share this post


Link to post
Share on other sites

Any particular template at all or previous letters that I can use/amend?

 

2 statements years apart and at an address I wasnt even at - at the time of writing...all interesting to me..

 

Thanks

Share this post


Link to post
Share on other sites

Latest is that the RD letetr I sent was signed for them on 23rd October.

 

Letter back:

 

Your letter received on 29th October.

 

Regret you felt the need to contact Cabot to express your dissatisfaction about our service.

 

Investigating your concerns and aim to provide a reply in 10 working days..If we cant then we will let you know within reason.

 

Leaflet attached about complaints process and then after that if not happy go to FOS.

 

So it's taken 6 days from signing for it to reach somewhere else in the building...hmm....

 

Even if we go by the above date, today is the 15th working day and nothings happened..

 

Any comments anyone?

 

Cheers

Share this post


Link to post
Share on other sites

*Yawn*

 

Sorry I thought that they had something worth while to say.


Be VERY careful whose advice you listen too

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...