Wishful thinking?

[loutobo]

Hi guys,

Its my first time posting here so please be gentle

 

Ok , I have an account with Cabot (old barclaycard debt) and recently requested a copy of my credit agreement.I sent the £1.00 to cover the costs but, and please dont shout at me I didnt send it recorded delivery:-x

 

Now they wrote to me this morning stating that they received my request and the £1.00 payment (so im hoping it doesnt matter now that I didnt send it recorded?)

 

Anyway my question was can anyone tell me if what they say below makes sense and is correct?

 

The letter states they acknowledge receipt of my request BUT....

 

The Cabot Financial Group is not obliged to provide this information but we are pleased to help and have already requested the documentation from the original lender!

 

Also they state: cabot do not accept the statutory fee req under section 77 and or 78 of the cca and as a result cabot will return the £1 fee I sent.

 

They say they will provide the info within 12 or theyll write to me and let me know.

 

Where do I stand now then?

Does them returning the £1.00 mean anything..e.g they dont have to provide it because they didnt get the fee?

 

Also is it likely they wont be able to provide the credit agreement and if not then what??

 

 

Really really appreciate ANY help.You guys are excellent here hence me coming begging:lol:

 

Emma

[Newborn]

I got two of these from Cabot.

Don't worry, they still have to comply, either by providing it themselves or getting it from the original creditor.

They don't have to take the £1, but not taking it does NOT absolve them from any of the responsibility.

Wait the 12+2 days and see what they come back with - in my case absolutely nothing!

 

Newborn

[Curlyben]

They have acknowledged your request so the ball is firmly in their court now.

They either comply or lose the account.

Simple really.

[loutobo]

Thanks for that Newborn, Its such a relief to know that you guys are here

 

Im not sure what to do in the meantime though...Im supposed to start making payments to them next week...Do I pay them?

 

Also if they dont supply the info within the time limit is there a letter I could send them or do I just wait for them to contact me?

 

 

Thanks again for replying Newborn, means a lot

Emma xx

[loutobo]

Sorry, posts crossed Curlyben:rolleyes:

 

Thanks for the info, will they just leqave me alone then if they cant supply or am I in for the long haul with them?

 

Emma xx

[Curlyben]

Not Cabot's way I'm afraid.

They will continue to press for payment, with or without the needed paperwork.

Not to worry we'll help as needed

[loutobo]

Thanks so much for the advice guys

 

Ill come back and post when I hear from them again then if thats ok with you?

 

Much appreciated everyone

Emma

[NailPost]

You're supposed to make payments in the same way that Cabot are supposed to provide you with the documents that prove the alleged debt.

 

Cabot have started messing you about already with piffle and waffle about getting the documents from Billycard. That's their way of saying we don't have them. Remember that no documents = no debt. Without documentation they cannot enforce it by court action - they would have to show the judge the original agreement, not just the executed copy you have asked for.

 

I would wait to see what Cabot provide in the next few weeks. If they press for payment simply write to them explaining you are waiting for them to prove the debt. During this period the matter is in dispute and no payments will be forthcoming until it is resolved. In that note ask for details of their complaints procedure and tell them that in the event of non-compliance with the CCA request you will file a complaint as a first step to taking the matter to the Financial Services Ombudsman.

 

I would also check your credit file with the three credit refernce aganecies. Cabot invariably add their own two-pennyworth to those files and while the matter is in dispute they have no right to do so. If they have tell them to remove it. That would give you further grounds for complaint and the right to report Cabot to the Information Commissioner.

 

This all sounds like a lot of work and bother but remember what you are doing is simply ensuring that Cabot work within the law. If they don't then they are going to find it is very expensive to put right.

[loutobo]

Hey Nailpost,

 

Thanks for the advice you posted, As advised I wont be making the first payment to Cabot, nor any subsequent ones unless the send me the agreement I asked for which I doubt they can provide:-)

 

I have checked my credit file and TBH I cant make head nor tails of whats on there.It seems this account is on there but it just says credit card (the original debt was barclaycard).It doesnt say Cabot on it.

 

Thanks very much for all the help offered, Ive read this forum a few times and think you guys are great.

 

Oh also, if anyone knows.... If I was to ask for a statement of account to hopefully reclaim credit card charges...Do I write to the DCA or to the original lender?

 

 

Much appreciated everyone and will update if I hear anything

Emma xx

[postggj]

One Of My Accounts Was Sold To A Dca

When I Informed Them That They Had Taken Over The Account By Assignment, They Were Responsable For All Charges, They Dropped The Account Like A Stone And Sent It Back To The Finance Company

Point Being Barclay Card May Be Easier To Deal With Than A Dca

[loutobo]

Hey there!

 

Ive just had a trundle through my bank accounts and found that although Cabot claim in the letter that theyre sending me back my £1 payment, theyve actually cashed it already:o

 

Ive also sent them a £10 payment for a copy of charges so I can reclaim and they appear to have a cashed that too but I havnt heard anything about it yet:confused:

 

Oh well, guess I have to wait and see now.

Thanks for all the replies again

Emma xx

[postggj]

You Say You Sent Cabot £10 For A Break Down Of Charges

Was This A S.A.R - (Subject Access Request)

If It Was It Should Have Been Sent To barclay Card

[loutobo]

Hey Post,

 

Yeah sadly it was, I just wasnt thinking when I sent it.

The thing is I specifically stated on the letter that it was for the sar and not anything else, but theyve cashed it.

Is it possible they have a copy of all the charges on the account?

 

Thanks again

Emma

[postggj]

Not Having Dealings With Cabot Myself, But From What I Have Heard Useless

If I Were You I Would Do An Sar To Barclaycard, Great Gems In Them

Also Cabot Will Only Give You What They Want To

Sar Barclaycard You Will Be Able To Compare

Surprised Cabot Did Not Return Your Request, Very Greedy

Its 40 Days To Comply

I Take It You Have Told Them The Account Is In Official Dispute

[postggj]

Just A Point Never Send A Cheque Use A Postel Order

Never Sign Anything, Print Your Name#thats All I Am Going To Say On The Matter

Get The Idea

[loutobo]

thanks for that postggj

 

Ill SAR barclaycard tonight when the kids are in bed.

 

I know I was supposed to send postal orders but as said above im an impatient so and so

I didnt sign them though, just printed my name at the bottom and it seems no ones had any problem cashing them.

 

I dont have any problem paying the debts, its just the charges and interest they charge that grates me.

 

For some reason Cabot are adding interest onto the debt, about £3 a month I think.

I thought they had to freeze charges and just collect the debt?

 

Anyway again thanks so much for all the help, it really is hugely appreciated

Emma

[Seahorse]

Hi Emma. Sorry to see you are getting the usual Cabot runaround. CCA'ing was the right move, and if pushed, Cabot will probably try to get some statements etc from Barclaycard for you. But they'll prove absolutely nothing. So do remember to SAR Barclaycard, and if all you get is 6 years worth of statements, complain and threaten to report them to the ICO for non compliance unless they send you EVERYTHING.

 

Cabot can only really add interest as per the original agreement. Of course, if there IS no agreement...

 

WHen did you originally default on the Barclaycard account? Might it have been so recent that you would be able to reclaim unlawful penalties and charges, thereby reducing the amount owed? That might give you a good starting point to open negotiations with Cabot. Although I must admit, Cabot do tend to say they want all or nothing. But you never know. DO bear in mind that Cabot MIGHT have paid as much as 10p in the pound for your account.

[loutobo]

Hi Seahorse,

 

Ive just had a check to see how old this debt is on my credit report but it isnt there??

 

Anyway I know its from my previous address which 3 years ago in Feb but its definately not over the 6year cut off sadly:(

 

Do you know what happens when I cca Barclaycard? Are they usually quick to payback charges etc?

Also if they do payout do they just knock it off what I owe?

 

Thanks very much for the post, Its really appreciated

Emma xx

[Seahorse]

Don't CCA Barclaycard, as it's Cabot that have to supply you with the agreement. Do SAR Barclaycard though. If it was as recent as that, I would imagine they will have hit you with penalties and charges over the course of your account with them. So the statements will allow you to calculate how much, if any, Barclaycard should owe YOU.

 

Having said that, if there ARE charges to be deducted, then any default notice that Barclaycard/Mercers issued, by definition will have an incorrect figure quoted, rendering the default unlawful. And if the default was unlawful, the question remains as to whether they had any right to sell your account to Cabot.

 

But get your SAR off anyway, and let's take things from there. There are several options open to you, and really depend on what sort of paperwork turns up from the two companies. Barclaycard have 40 days to comply with your SAR. Cabot have 12 days initially to get you a copy of your agreement, followed by another 30 days after which they have committed a statutory offence if they still don't come up with the agreement.

 

Of course, if no agreement exists, then they can't possibly produce it in the timescale allowed. Well, not ever really. So you need to be prepared to be somewhat realistic.

[loutobo]

Hi everyone

 

I have never felt so angry in all my life honestly!! gggrrrrr

 

I just called Cabot to find out how my debt stands at the minute, I phoned solely to find out my balance nothing more.

 

The guy who answered was very polite and checked what I owe etc and when he gave me my balance I said thats fine thank you,I was about to say goodbye when he says "well no thats not fine"!!!

 

I stated that I had recently sent them a CCA request and I was not going to discuss the account over the telephone and if they wanted to discuss it then it would be in writing only.

 

This "pleasant guy" launches into a tirade about how they dont have to provide it as theyre only a DCA and not the original debtor yadda yadda and that he was going to take me to court.

 

I told him that without the credit agreement he coudlnt do that but if he wanted to then he could feel free.

 

In the ind I had to put the phone down.2 seconds later he calls back asking me if I was going to be nice like im a four year old bloody child!

 

Ok so since hes phoned my 4 times (within 10 mins) and I said if he continued then I was going to report him for harrassment.All being well hes given up now that were ignoring him

 

Geez im angry:-x

 

Sorry just needed to vent ;-)

[Seahorse]

Did you get a name? Maybe you can match a face to the voice in my blog.

[loutobo]

l:lol: Seahorse

 

Maybe I should call him back?;-)

Just joking!!!

 

Makes me not want to pay them... not that I was planning to anymore

 

Wheres your blog hun? Just in case he calls back, though I doubt it cos he backed off when DH threatened him:lol:

 

Emma

[Seahorse]

Just in case anyone was under the impression that these people are older, mature types, this should change your mind...

 

Personalities at Cabot Financial Blog

 

Now you know why they get all shouty and ignorant.

[NailPost]

Your experience confirms, if ever there was any need to, that no one should ever phone a debt collector - EVER, EVER!!

 

I would send them a letter stating that all communication between you and this company will be in writing from now on and you require written confirmation from Cabot that your telephone number will be removed from their database/computer system whatever within 7 days. Remind them that failure to do that and the calls continue you will report them to Ofcom for absive telephone calls and the Info Commissioner for misuse of data.

 

I assume they have yet to comply with the CCA so your nte could ask for details of Cabot's complaints procedure. If the CCA isn't complied with you can start a complaint through tbheir internal system first. They have eight weeks to resolve that before it goes up a level to the Financial Services Ombudsman. An investigation by them will cost Cabot £400.

[loutobo]

Hey all,

 

Im back again

 

Ok so I CCA'd Cabot who have bought my old barclaycard debt and they replied saying that they didnt need my £1 fee and they would refund it (except they had cashed it 3 days prior:()

 

They are apparently asking barclays for the credit agreement but its been well over the time limit (12th dec it was sent) and I have heard nothing since.

 

This morning Ive had a letter from Cabot with a cheque from them for £1 (its not my original cheque but one of theirs made out to me)

 

The thing im wondering is... you all know the cabot letters with the yellow top?

Well on the left hand side it says your :

Ref

Original lender

Account type

Account number

you currently owe

 

Well todays letter has them all apart from what I owe?

 

Now this wouldnt bother me but the letter reads.....

Dear ******

 

Your refund

In connection with your account we enclose a refund cheque for £1

 

Reason for refund

Refund of CCA payment

 

Next steps

PLEASE CANCEL ANY STANDING ORDER

 

contacting cabot

If you have any queries , call one of our helpful customer advisors

on 08450700116

 

Thanks for you co operation

Yours sincerely

Peter anderson

 

I know its probably wishful thinking but no mention of the debt couldnt mean they admit defeat could it?

They do ask me to cancel any standing order but I dont have one set up because Ive never paid it!!

 

Someone please put me out of my misery, anyone had this from cabot?

 

Thanks a million

Lou x