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Cabot/morgans claimform - Providian/Monument card 'debt' **DISC'D**


libra007
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I had a card with Providian - monument now owned by braclays. had few problems on employment front failed to make payments, and then charges on charges made this card un payable for me, 400 spent i guess, its well over 2000 according to cabot - the latest collector on this debt. this is 8-9 years old account. last payment may be made a year or 2 ago.

 

after reading some threads, I have sent cabot CCA on 8th october.

 

they decided to ignore it altogether and sent me another similar letter " we have sent letter regarding this debt i should pay blah blah contact ASAP".

 

At the moment I would ignore until the 12 or 30 days. lets see how it goes. this is my first thread here but have read many on this forum because of grief from few lately. I hope to sort all the outstanding debts and deal with it with the help of CAG.

 

do i also have to send SAR to Monument?

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Another greedy-gram from Cabot, eh? What a surprise.

 

What WILL be a surprise is if they actually manage to get an agreement for you. They seem scarcer than the proverbial fowl's dentistry.

 

I'd SAR the OC too so you know what Cabot might be owed in reality. You'll be in a much better negotiating position then. But my experience is, Cabot want all or nothing. Hmm. :rolleyes:

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I received a letter from Cabot, they have returned the postal order of £1 saying they do not accept satutary payments.

They have asked monument for CCA and will send me once received.... there can be delay sometime to produce this information.

 

any ideas why they have returned the postal order? what i should do next? or just wait.

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Typical tactic from Cabot, denying that the CCA applies to them but pretending to be oh so helpful in helping you obtain your agreement.

 

As far as I'm aware they're still defined as the creditor by s189 of the Act. If not, it begs the question of how you could possibly be the debtor...

 

I'd sit and wait for their next response. At a guess it'll be a "Please bear with is but don't think you're getting away with this" letter, followed eventually by an unenforcable application form accompanied by a demand for payment. Just a guess ;)

  • 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 year later...

after more than a year long wait, I received a letter from Cabot, that have tried to get the document from the original lender but they couldnt. so they are offering me half the amount to pay as a "goodwill gesture"

 

what should be response to them now, as its clear they dont have any documents.

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Don't respond to them.

 

What they are essentially saying is: " we can't prove that you owe the money, but we'd be grateful if you would pay it in anyway"

 

send the following letter

 

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor 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 this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

BLAH

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  • 4 weeks later...
  • 3 weeks later...

received acknowledgement of the letter saying "they have requested documentation from the original creditor...." last week

its well over 20 days not after the account in dispute letter to them.

 

and to my surprise, they have sent me a letter again, there is delay in finding the documents by creditor and they will advise me later when they get response from them....

 

 

this is like back to square one. when they have already admitted in a years time they are unable to get the documentation and offered 50% less. with each letter the figure is alse increasing.

 

what sort of line action i should take now?? :confused:

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Hi

 

I am in the same boat as you. I am still waiting the credit agreement too. So far all I have received is just the fob off letters saying they are still trying to locate.

 

I would still ignore the last letter - they would have received you account in dispute letter by now. They cannot do any more with regards to your account until they produce the original credit agreement.

 

Make yourself a cup of tea and try to put it at the back of your mind

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Personally I'd make the complaint official now if you haven't already done so, FOS, OFT, the media (yer go public, why not, expose them for what they really are?), oh yer and the police as well for attempting fraud

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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I sent the following letter last month to wich they came up with again a general letter, its clearly account in dispute and formal complaint. shall i send another letter or now report to regulators?

 

 

 

 

 

10 December 2008

 

 

Cabot Financial Ltd

 

PO BOX 241

West Malling

Kent

ME19 4NA

 

Your Ref: xxxx

Our Ref: XXXX

 

Account In Dispute

 

Thank you for your letter on 14/11/2008, the contents of which have been noted.

 

As mentioned in your letter that you have failed to comply with my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the 08/10/2007, I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

To date you have not comply with these requests, by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the 08/10/2007 I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor 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 this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

 

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

 

 

Libra

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  • 4 weeks later...

Hi Libra007,

In my case If Cabot can't come up with the goods in another week or two, and continue to prevaricate with letters, my reply will be simple. - Foreign Office - thats being polite, I certainly won't be waiting as long as you for them to be ,looking for the blasted document, just tell them to get lost.

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  • 2 months later...

hiya im subbing if i may

 

just wishing you lots of patience and good luck

 

have a sunny day laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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  • 4 weeks later...

hi i,m new to this site have been following advise i sent this letter a couple of weeks back and have since recieved an application form and statements of accounts , fiqures dont match cabots. and a letter hereby giving notice of assignment to cabot. this is all well after the time limits set. where do i go now please.

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  • 6 months later...

Hi, since last contact in January 2009, almost a year after, Cabot sent me bunch of statements and documents. I will scan some and post it here.

 

as its well over 14 days that I have given them twice, what course of action i should take now?

 

looking at the other threads, I guess they will soon passing this to beloved morgans.

 

any pointers will be great help.

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