RnScotch v Cabot

[rnscotch]

Hi Guys,

 

A new fan club member reporting in just spent a few of hours reading through some of the threads about Cabot. :-|

 

Ok a little background, The original debt was with vanquis the vanquis acct was in dispute over money they owed me so i stopped payment and sent many many letters over this. Vanquis went silent for about 6 months then moorcroft entered the picture, i explained the situation they asked for letters sent between myself and vanquis in ref to the dispute i was claiming which i provided after that moorcroft disappered from the picture and a few weeks ago in came cabot with there ever so nice (venus fly trap) letter saying i have a debt of £633 which is now £640 as they have so kindly added £7 in interest. :o

 

Now i am not trying to dodge any debt repayment this was also explained to vanquis basically give me the money owed (around £200) and i will pay the balance.

But these people are a joke none stop phone calls talking about 10 calls+ calls a day sometimes 2 & 3 in a hour they actually have my home fax number but they continue calling it

 

last night i got a call on my mobile so i have just typed up a CCA request using the template on here and also requested they stop calling as i will only communicate via letter.

 

So any help/advise would be much appreciated...

[Michael Browne]

Here's one letter to send:

Harassment by telephone

[rnscotch]

Thank you... will post up any replies i get..

[rnscotch]

Ok below is the letter i am sending is it ok to send both cca and telephone harassment as one letter or am i better off sending them as two separate letters?

 

Also am i correct they have 12+2+30 to send the cca

 

Dear Sir/Madam

 

Re:− Account Number xxxxxxx

 

I do not acknowledge this debt to you or anyone you represent.

 

With reference to the above agreement, i would be grateful if you would send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), i am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

*NB* This payment is not to be used as part payment of any account.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I understand you have tried to contact me by telephone, i will not communicate by text or voice so i further request that all contact should be in writing only. I also further understand that continuing to call me after i have made this request you will in fact be in breach of Section 40 of The Administration Of Justice Act 1970 which states:

Section 40 of the act "provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she

 

"harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation"

Therefore, if these calls do no cease, I shall be left with no option but to report your Company to the following Statutory Authorities:

 

The Office Of Fair Trading

The Consumer Credit Services Association

The Consumer Credit Trade Association

Your Local Trading Standards Office

 

I shall also submit a Formal Complaint and report you To OFTEL where I shall make an application to have your telephone lines disconnected.

 

I look forward to hearing from you.

 

[rnscotch]

Ok got my reply back pretty standard reply will go through in full later as i need to get ready for work but a few quick points to note though.

 

I forgot to put my £1 payment in yet they are still going ahead with the CCA request i actually thought they would play games and send it back saying they need the £1 payment.

 

we will contact you in writing and will accommodate your request providing you diligently co-operate with us

 

Ohhh thanks for for the favour, just try and call me again bozo's

 

Ok do the 12 days start from the date on the letter or from when the CAA was sent?

[rnscotch]

Ok how perplexed am i had a look at my credit file there is no default from Cabot, But there is one from the OC vanquis which says i defaulted in 2007 this is where i get confused as there is another entry from vanquis which states account settled in 2006? now i only had one card so which is it settled or defaulted.

 

Also how can vanquis even sell the account on to Cabot if i was in dispute with them over it.

 

Obviously i am going to wait to see if cabot come back with the CAA but do you think i should SAR Vanquis.. or even complain to vanquis that this account was being disputed so what the hell are they playing at how should i proceed....

[Struggling_Simon]

Yup,

 

First step is to SAR (Subject Access Request) Vanquis.

 

Cabot will more than likely 'advise' you to do the same when they admit that they don't have the agreement. Their latest tactic.

 

You could put a Notice of Correction on to your credit file, but in my opinion this is a waste of time as potential creditors do not read that section.

 

No two ways about it, having two registered defaults for the same account is illegal.

 

You should send Vanquis the following

 

Under the Data Protection Act 1999 Schedule 1 Part 1(The principles)

“3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.

 

4. Personal data shall be accurate and, where necessary, kept up to date.

 

Then Sections 10 & 12 come into play.

CurlyBen has a good template letter which I will dig out and attach.

[rnscotch]

Ok this is what i was talking about on my credit file it shows C1 below as defaulted then further down the list it shows C9 same start date same credit card but the account settled.:-|

 

I am of the opinion that that Cabot has entered this default under the guise of Vanquis now i am not sure of the legality's of this if that is the case.

 

Entry Number: C1

Company name: VANQUIS BANK

Account type: Credit Card / Store Card

Started: 06/09/2005

Default Balance: £633

Current Balance: £633

Defaulted On: 29/06/2007

File updated for period to: 06/01/2008

 

Entry Number: C9

Company name: VANQUIS BANK

Account type: Credit Card / Store Card

Started: 06/09/2005

Current Balance: Settled

Credit Limit: £500

Settled On: 25/08/2006

File updated for period to: 03/09/2006

 

Should i also write a letter complaining to the CRA's? as it has to be one or the other.

[Seahorse]

I would firstly write to the CRAs and politely point out that there are two entries for the same account, and could they please ask Vanquis to amend and show only as settled.

 

You may be pleasantly surprised.

[Struggling_Simon]

Penalty.

 

That's a big no-no.

 

 

Section 10 DPA as they are reporting inaccurate information about you to a third party !

[rnscotch]

Just thought i would update this, still waiting on them fulfilling my CCA.

 

I know from other threads that they have 12 days + 2 but when does that start? i am assuming it is the date on the letter i recieved from them acknowledging my CCA request which was the 29/01/08 so am i correct is saying thy have until the 12th feb to fulfil my request.

[Struggling_Simon]

Hi RN,

 

OK 12 +2 is a little misleading. The +2 days used to be allowed for postage. In reality it's 12 days from the date that the other party receives the request.

 

BUT, bear in mind that should this ever get to court it's much better to be able to infer that you did not chase the other party too aggresively, so two days is for them to fairly process the request.

 

I can't answer whether your date of 12th February is correct , as you don't say when Cabot rec'd the request nor when you posted it to them.

 

Basically , It is 12 day from the time of receipt, not their acknowledgement. This time limit may well be bust already.

[rnscotch]

Hi SS,

 

Just checked with the post office

 

was delivered from our MEDWAY VALLEY Delivery Office on 29/01/08 .

I must say i am impressed with cabot reply on the same day as received they must have been falling over thereself's to get my reply out.

 

Anyway fact remains that on the 10th feb the 12 days are up and because we are all really nice people we give them 2 days for postal so that gives them until the 12th feb.

 

Ok so on failure of them completing my CCA request what is my next step in regards to Cabot. I want them to feel me breathing down there neck like some kind of sex pest, no let up at all.

[Struggling_Simon]

Hi Scotch,

 

There is nothing for you to do really. You can send a letter to them on the 10th informing them that the account is now in dispute if you like, but it will be ignored.

 

Bear in mind that the judge may take a dim view if you pester them, so be careful. It's not for you to remind them of their legal obligations.

 

 

When a further month passes - that will be the time for action in my opinion.

 

So, sit tight for now.

[rnscotch]

Ahhh found my thread, it has some how disappeared out of the Cabot forum to here... Can a mod move it back please.

[rory32]

Done.

[rnscotch]

Thank you kind sir!!

[rnscotch]

Ok i am not sure if this is a coincidence but here goes on the 10th of feb it was day 12 of my CCA request which i have had nothing back on.

 

Today (day 14) i get a creditexpert alert saying something has changed on my credit file i log on and the default entry from vanquis has disappeared leaving only a vanquis entry saying settled.

 

Hmmm i am thinking game, set and match to CFC

[rnscotch]

What's the verdict do you think it is over? If the account is settled as per the vanquis entry then there is no debt so no debt means there is nothing to assign to Cabot.

 

Am i correct in thinking this way, opinions please.

[pmhcfc]

What's the verdict do you think it is over? If the account is settled as per the vanquis entry then there is no debt so no debt means there is nothing to assign to Cabot.

 

Am i correct in thinking this way, opinions please.

 

Sadly, I don't think you're going to get the help you would have done prior to the Cabot sub-forum being exiled. All the 'experts' in this field (Cabot) have ----- I'll not say it...

 

Anyway, I'm sure you'll find the answer to your question within one of the Cabot threads which, sadly, are now scattered far and wide somewhere within this site.

[rnscotch]

Yeah pmhcfc i was actually thinking to myself if this was still in the Crapbot forum it would have been answered multiple times by now.

 

As i said in other posts i have not got the time to go searching it's bad enough trying to find my own post, hence why it was handy to have it in it's own sub-forum. This is an example of why the sub forums are needed as the help is not here anymore

[pmhcfc]

As i said in other posts i have not got the time to go searching it's bad enough trying to find my own post, hence why it was handy to have it in it's own sub-forum. This is an example of why the sub forums are needed as the help is not here anymore

 

Nuff said me thinks

[tomterm8]

Am i correct in thinking this way, opinions please.

 

Legally, they should do nothing more. Practically, they are likely to sell it onto a third party DCA such as MacKenzie Hall (their favourite for uncollectable debt), in which case you write a complaint to BOTH cabot and the new DCA and, if they fail to act, complain to the F.O.S.

[rnscotch]

Ok received a letter from crapbot towers dated 12/02/2008 it contained there usual rubbish.

 

They have requested my CCA but the OC is experiencing delay in retrieving it and they will send the info once they have it... blah.. blah... blah.

 

Ohh and they will very kindly put my acct on hold until they receive further communication from the OC

 

Yeah whatever ken looks like you have been sold a duff debt my friend.

[rnscotch]

Ok there has been a development yesterday Cabot put a default on my Credit File.

 

Now i need some advice on how to proceed as i don't understand how they are able to place the default when :

 

A) The OC is showing my Acct as settled on my Credit file.

 

B) Cabot have not fulfilled my CCA request (Day 22 of my request) am i right in in believing if the acct is in dispute then they can not process my data as they have not shown a legal right to do so.

 

C) I have had no notice from Cabot to say they were Defaulting it. To me is seems like they are throwing there toys out of the pram as the don't have the CAA so they try this to force a payment.

 

Thanks in advance...

 

Rn