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Im in the club. (Argos / Cabot)


ashmk
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Im now a fully fledged member of the Cabot club and have already started to recieve my 2 a week newsletters from cabot informing me of there claim.

 

 

The letters I have are recieved are the start ones so Im not going to scan yet.

letter 1 and 2 were both welcome to cabot blah blah, ways to not pay and so on.

 

The intresting part is this.

The debt was with Fredrickson whom I CCA'ed. They only returned a application form for an Argos card. So I wrote informing them this was not good enougth as it didnt contain the terms and such.

I didnt hear anything for a long time and now Cabot write saying they have brought the account.

So why has my details been passed on without no credit agreement and thus without my permission ??

 

I have prepared another CCA request for Cabot and am sending that to them to await another copy of an application form and my £1 postal order to be sent back.

 

I wonder, if you did NOT send a £1 to them would they say they cannot compy as I didnt include £1 payment. You will be assimilated, resistance is futile.

And when you DO send a £1 they just send it back..... I ponder upon this.

 

Anyway the purpose of this thread is to document my story so future generations may have some insight into 21st century debt collections and the tricks they try.

 

 

P.S. I find it strange that Fredrickson passed it on when they couldnt provide the correct paperwork. Why would they do this, surly they lose money if indeed the debt is fully collectable, they could have collected themselfs. Im starting to wonder about the remote possibility that mabey infact the paperwork I know does not exist does infact NOT exist. A confusing paragraph if i ever did write one.

 

Please feel free to make a comment and welcome me to the inner circle.

 

I will keep this updated.

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Throw this at them for starters:

 

Edit as needed

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

*- Delete as needed

Enjoy

Be VERY careful whose advice you listen too

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This is where the famous "rights not duties" bit comes into play. Having CCA'd Fredrickson, they as the "new" OC had to comply with the request. But as they were more than likely acting as agents for the OC they were supposed to pass it on to the existing (at the time) OC.

 

Now Cabot have the debt they are the new OC as they must have "rights and duties" otherwise they couldn't start court proceedings. SO the Fredrickson/original OC CCA request is automatically bestowed on Cabot (as well as the debt) so they are breach as much as their predeceessors. I'd just remind them that the CCA request hasn't been complied with and they are in default now.

 

That is, unless they argue that they aren't the creditor as defined by the Act - which kind of buggers up their right to take it any further.

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Welcome to the cabot/argos fanclub!.

Cabot will now proceed to bombard you with copies of the application form together with letters claiming that the law does not apply to them, these letters will get more and more tedious as they churn out the same information over and over again.

Eventually they will just get plain rude and sarcastic, just keep firing back letters explaining why they are wrong and why the law DOES apply to them and eventually after about a year they will get bored and give up..The end.

P.S at some point you will get a letter from an organisation called F.I.R.E claiming that the debt now belongs to them, Its just cabot in disguise.

You may also get letters from buchananclarke+wells claiming that they are working on behalf of cabot but they are equally toothless and will fade in to the background when confronted with facts and the law.

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I phoned them today.

Yes I know its advised to only mail but I pretty clued up and I know my rights so Im confident enougth to not listen to there bull.

 

Anyway I called fredricksons to request a copy of there complaints procedure. (re: not supplying a CCA then cabot contacting me over the debt. ie passing it on without permission)

wanna hear there complaints procedure ?? Its send a your complaint to to our manager and they will deal with it. Theres no information they can send me and I should speak to there solictors Bryan carter. So I call them and they pretty much tell me the same thing. They also say that Cabot have owned the debt since day one ( jan 07) and they were working on behalf of them.

 

So i call cabot and after explaining that im not calling to pay they finally tell me that they aquired the debt only around a week ago.

Fredrickson have been writing for months and neither freds nor argos has ever mentioned Cabot.

 

So someones telling porkie pies. And to be honest I think its fedrickson as ive never heard from cabot untill last week and even argos should have mentioned cabot at the start, but they didnt.

 

I get the impression that the people at fredricksons havent got a clue what they are talking about. As soon as I threw the guy of his script he went into 'ill ask my supervisor mode' and then I asked to speak to him and was told to speak to solicters who might I add were about as informative as a chimp on my questions.

 

Then I decided I had more important things to do and went and played world of warcraft.

 

Any comments?

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Hiding behind other names and using third party companies are all trademarks of the cabot business model i'm afraid.

If you get letters from another dca as well as cabot keep hold of them as this is illegal and is a common problem with cabot.

I am seeking legal advice regarding my own problems with cabot although i will say that since i threatened them with legal action regarding two dca' chasing the same debt two months ago they have been quiet.

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wanna hear there complaints procedure ?? Its send a your complaint to to our manager and they will deal with it. Theres no information they can send me and I should speak to there solictors Bryan carter. So I call them and they pretty much tell me the same thing.

 

 

 

The CCA 2006 requires them to have a formal complaint resolution procedure in place, and to provide a copy of it on request. I would write and ask them to confirm what they told you on the phone, and then hit them with a formal complaint, escalating to FOS for added £400 goodness...

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  • 9 months later...

Hi All,

 

Cabot has been sending me letters demanding for payment for a debt they bought from ARG Card. However, I have been ignoring them because:

 

1. This allegged debt is about or over 6/7 years old.

 

2. Since, I have moved addresses several times; it was only about 4 months ego that they (Cabot) have started to claim for the debt.

 

3. they got my name spelling wrongly (I don't want to write or get in touch with them so I have to put this right)

 

The matter is gentlly escalating; I have received a letter from their solicitors (Hodsons). They demanding that I pay them within seven days.

 

I never ackowledged any debt to anyone so far.

 

 

Please, could you help by advising me.

 

 

Thank you,

 

 

Alex

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