Struggling Simon vs Cabot **WON**

[Struggling_Simon]

Don't worry SH, took that advice a long time ago. This is Citifinancial and is a confirmation of identity for my SAR. I telephoned Mr Cooke the Data Protection Officer in response to his letter , his secreatry was very polite and helpful. She says that the request will be fulfilled within the statutory time frame (... that's good progress IMHO).

 

I am who I am, whether or not I signed it with my left hand. They don't need a proof of signature after all.

 

Also sent a nice letter to Ms. Robertson c/o Cabot Towers, reminding her that ;

a) she hasn't responded to my letter of the tenth

b) Hasn't sent a copy of the complaints procedure which is outside of their own targets for response

c) Still hasn't provided a statement of account

d) Still hasn't let me know why they feel justified in enforcing this

e) Hasn't given me a breakdown of the 'interest and/or charges' they have applied since orginially contacting me.

 

f) oh .... and has until Thursday 24th Jan before a CCA breach occurs.

g) oh .... and has until Thursay 24th February before they break the law

h) oh .... and has until 7th March to provide me with everything they hold on me.

 

The phrase 'go ahead punk, make my day' seems fitting. Am actually disappointed not to be getting any letters from these monkeys.

 

God alone help them if Citi don't have the documents either. My feeling is it may be a likely scenario, as Associates have been taken over twice by other companies since the account was 'closed', almost 5 years ago now.

[Struggling_Simon]

Also, meant to say that I have been asking around about the Law of Property 1925, just in case they try that old chestnut(although I think that they may just have cottoned on that in order for that to be applicable they'd have to be able to prove absolute assignment - which actually gives them more duties to the alleged debtors than CCA does - go figure!

 

Had a very interesting conversation with a guy who was head of department within the insolvency service for 23 years(retired some time ago), but some useful insights!!!

[Rhia]

Do share these useful insights Simon.

[Struggling_Simon]

With pleasure Rhia.

(not direct quotes, editied for brevity, I listned hard but didn't get a lot of it)

 

1)A legally assigned creditor needs only to attempt contact once every 5 years with the debtor in order to ensure that the debt remains persistant; the ability to enforce is a different matter - Insolvency Inspectors must identify the differences.

 

2)Under certain circumstances, it's possible to be discharged from bankruptcy after 4 months if, the debtor can prove it was not intended, i.e through illness, accident, the acrimonious end of a relationship, bereavement, or loss of a sibling or unfair dismissal.

 

as I understood him...to the extent of .. any traumatic experience.

 

I guess 'non compus mentis' .....or whatever it is..

 

Happy to introduce this fellow, if I can get him away from his cricket, beer/wine and dogs. (He's a 'foster home' for trainee guide dogs for the blind, a caring chap).

 

Another strory ...... they come from Forfar, where I was born.

 

Signing off,

Si

 

RHIA - PM Me for more .. bit sensitive

[Struggling_Simon]

Follow my train of thought

 

LoP can't be used to enfoce debts of the nature cabot are re-presenting(think about that word).

 

 

Cabot(and others) are buying debts that are now unimportant and unenforcable from the OC's. Their Loss!!!

 

The OC's have, in most cases, already written any monies due off - and gained relief from under capital gains taxation rules. It is a loss, no doubt.

They loaned money which wasn't recovered.

 

The OC's only have to prove that they made attempts to minimise the losses, and by redemption of a penny in the pound, even by assignation it counts -one letter then drop does work in their favour.

Edited May 7, 2008 by Struggling_Simon

[Seahorse]

Yup Simon, the LoP is only the vehicle used to assign the debts... CCA still the Act that applies if they want to try their luck in court. I've long said this LoP nonsense is a bit of a red herring, and nobody should get too caught up in it. As has been proved, the ONLY thing that matters is the CCA. Irrespective of whether or not they think they need to produce one to satisfy a CCA request, nevertheless, they would need to dig one out to prove their case in court.

 

And as you have said, these debts tend to be getting bought WITHOUT there ever having been a valid agreement in the first place. A fact which really needs to be shouted from the rooftops.

 

If EVERYONE was aware of this fact, and EVERYONE challenged these companies, I really do believe their whole industry would collapse almost overnight. The stockmarkets might take a bit of a tumble. But hey! Perhaps certain people should have done their homework right at the very start.

 

If the OC's had done their job properly in the first place, none of this would be coming back to bite them on the bum.

[celebrity debtor]

http://www.consumeractiongroup.co.uk/forum/cabot/128121-provisions-legal-assignment-debts.html

[Struggling_Simon]

Thanks Much Celebrity Debtor(catchy name;) ).

 

To Business -

 

Much as it pains me to say, you know I think we may be seeing a change in Cabot's behaviour.

 

2 days before the CCA request is due to go into default, they've posted a standard template letter, forgive me if I quote salient points verbatim for expidience;

 

Although Cabot have requested the information, the original lender is experiencing a delay in retrieving the information from its archives.

What about your lovely archive in cabot towers,or is it not staffed like your office at No1. Kingshill , by coincidence PO BOX 241 services the same building.

 

We shall send the information when we have it

Second admission that you don't have it; You're rumbled. = MISREPRESENTATION -> Trading Standards , Credit Standards authority??

 

followed by

We will as a

.....You won't believe this.....

a gesture of goodwill suspend your account

 

Mighty nice of you big Ken ..... not to break the law..Again....

 

If you have any queries about your account , pleas call one of our helpful customer advisors

Do I look like i need advice from a money hound?

 

On a lighter note , the balance of the account (ahem, alleged debt actually) has decresed by a whole £13.80. I sure hope that's not my £10 Subject Access Request money.

 

I have the proof of delivery, and they didn't acknowledge.

I will be phoning Post Office today to get proof of cashing of my Postal Order. Somone signed for the delivery in the place that doesn't employ anyone? Interesting.....

[andrew1]

 

 

Much as it pains me to say, you know I think we may be seeing a change in Cabot's behaviour.

 

 

That's why the Cabot Fan Club and CAG need to be put forward for a Credit Today Magazine Award for ' Contributions to the Credit Industry throughout the Year' - we have walked up to mountains (and Towers ) and moved them

 

Sarah

[Struggling_Simon]

I agree.

 

Can somone remind me what CSA rules are for handling complaints, I have asked 3 times for a complaint form, and still don't have one. Has been goign on for 3 weeks plus.

[Struggling_Simon]

I'm all for CFC albeit, with a shamrock.

 

Nobody from Cabot has replied yet

[Seahorse]

Need a CSA complaint form? Never fear, I just happen to have one here...

Complaints-Form-New.pdf

[Struggling_Simon]

Excellent SH

 

... who do I send this to? Is there a separate address I should use?

 

It's nearly criminal offence time, but I'm still waiting for Cabot to send me THEIR complaint form. No sign of it despite me asking for it three times.

 

I need to exhaust all the means available to me before FOS will hear my complaint.

[rnscotch]

Go get em tiger............

[celebrity debtor]

http://www.consumeractiongroup.co.uk/forum/cabot/128121-provisions-legal-assignment-debts.html

 

apologies for "quoting" legal sources that are copyright that resulted in post 1 on the above thread being removed

 

suffice to say the posting was highly significant supplying information from the highest sources

[Seahorse]

Pop your complaint in the post to the address on the form. Mark it FAO the lovely Claire Aynsley ([email protected])

 

You won't get a complaint form from Cabot, but you can ensure they are sticking to their own complaints procedures by perusing their literature. What, you don't havea copy? Oh, OK. You'll find it in my blog here...

 

Complain at Cabot Financial Blog

 

[Struggling_Simon]

OK , That'll get posted tomorrow

[Struggling_Simon]

Now Strange as it may seem I got a letter from those nice people over at cabot towers.

 

Dear Mr Simon,

 

We recently wrote to you informing you that the OC is experiencing delays ...

 

Well, that's real funny but I've had no such report from the OC. The Citicards DPO's office are very nice people. My S.A.R - (Subject Access Request) should be coming very soon. If there is no agreement there ... game over.

 

Although 24 days have passed since your request, we hope to be able to send this information to you soon.

 

We'll be reminding the lender ......

 

I hope you can too. Otherwise you'll break the law.

 

Your account shall remain on hold until further notice.

 

Can they still process my data , and pass it on to CRA's etc? When should I send a Section 10 Data Protection Act notice?

[andrew1]

HEy, someone ought to go to Cabot and offer to 'buy' all their debts on hold - must be thousands!

 

Poor ole Ken, what will he do with himself down there - maybe retire? Get out before his business is totally anniolated!

[Struggling_Simon]

Just itching to see that default of my credit report. I'll be patient until they comitted and offence then bang them with a section 10 notice to quit processing my data.

[Struggling_Simon]

If any of the Men In Black from Cabot towers are reading....

Please resume clock-watching. You have until Close of Business before I call Trading Standards.

 

Cabot can't do anything from then on without committing an offence.

 

 

I have a preapred letter informing them of what they have failed to do, and what I now require them to do. I will be only to happy to enforce and order on these people.

 

Stop processing my data.

[Struggling_Simon]

TIME IS UP .......... Let loose the dogs of law.

[Struggling_Simon]

tick follows tock .. Soon my lovelies, soon.

[Struggling_Simon]

HEADS UP ->

 

The results of my Cabot SAR have arrived before their due date. TBH quite impressed by that.

 

I wish I understood it all, but I have a plan for that. I will try to post up any queries I have once I've had a read through properly.

 

It gives me a nice excuse to write a big long letter asking them to remove it all.

 

Nowhere to I find/notice any assignment in it so far. No Credit agreement.

OOPS Cabot. Take me to court, or drop the lot. You failed. at law.

[Struggling_Simon]

Guys sorry for the delay, I am busy at work.

 

I have a full response to Cabots SAR Results in preparation