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Cabot Fan Club - New Member - Help


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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

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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.

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Be VERY careful whose advice you listen too

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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.

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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.

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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....

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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'

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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...

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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

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  • 3 weeks later...

Dear All

 

Here are the links to what they sent me as proof of debt:-

 

http://i181.photobucket.com/albums/x291/stumpy786/NA3.jpg

 

http://i181.photobucket.com/albums/x291/stumpy786/NA2.jpg

 

http://i181.photobucket.com/albums/x291/stumpy786/NA1.jpg

 

any comments on how to nail them further??

 

Thanks

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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.

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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 ;)

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  • 1 month later...

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

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