I love Cabot

[by jingo]

Well, quite obviously that's a lie as I have only just heard from them, and indeed of them this week. Your site is a wonderful beacon of dissent to the fiscal world, and thankyou for it. I am a big fan of consumer action, having recovered illegal bank charges in the past, and promoted the idea to everyone I know. But now I desperately need some help please. I defaulted on a Barclaycard nearly four/five years ago as my mental ex had clocked up over 20K of debts for me before I managed to get rid of her. I have struggled to keep on top of it all since then, but have managed fairly well, to the extent that I am paying it all back (until 2012). Except this damn Barclaycard which Cabot now claim they have bought. Interestingly enough I have had letters from a person called XXXX before now asking me to call him for a couple of years - about once every six months, but not from any company with whom I have dealt financially in the past. He now seems to be involved with Cabot...so probably a good thing I have never called him as they sound like a right bunch of XXXXXXX. I have not yet called them (don't intend to), nor written. They have sent me a ref no, and a Barclaycard Account no, for a debt of £5000 today. I recall only having a credit limit of 3K at the most on this card. Put simply have no way of finding even a thousand. What do I do?

Edited June 3, 2008 by gizmo111
Name and potentially libellous comments removed

[boyboynova]

Send Cabot a CCA (letter N in templates)request along with a £1.00 Postal Order.

 

Remember do not sign just print your signature

[by jingo]

cheers amigo,Any advice is most definately welcome.Just a relief to see so many people in the same fix, and all fighting back.Its high time the banks got screwed over for a change.I'll give the CCA a blast later this week and see if Cabot can raise anything other than gaffes. I'm guessing that as they haven't specified any deadlines to me for a response that a: they are trying it on, b: I have some breathing space at least before the calls start (even though I'm ex-directory) or, c: they send in the goon squad!I had a letter from them last week asking me to call them but without specifying why, hmmn, not gonna happen buddy, but it did say, "we now have confirmation of your address".Intimidating or what?Shame I binned it, as in my book thats intimidation. I got this one a week before the letter concerning the BC account they bought.So fingers crossed they can't raise a paper bag, and, thanks.Will let you know how it turns out.by jingo

[by jingo]

Thanks for the edit on my blusterings above, mods. Glad I'm still able to post here as this stuff has me worried! Sent in my CCA, got my £1 back last week, and the customary note to say 'we anticipate that we will be able to provide', information within 12 days etc. Plus the usual get out clauses of 'not being obliged', and 'in the event we are unlikely to obtain' said information. Hope this still gives me a fighting chance? How long do I give them now...also I don't want to sound stupid but what is the 12+2 thing all about? Does it mean 12 days plus 2 working days? Thanks

[miss muppet]

You're not stupid at all by Jingo! Send them this:

Thank you for your letter dated xxxxx returning the postal order for £1. which I enclosed with my letter dated xxxx however it is necessary to return this to you in respect of my request to you of the afore-mentioned date as in my letter of xxxx I made a formal request for a copy of the signed, executed credit agreement related to the xxxx account under Section 77(1) and Section 78(1) of the Consumer Credit Act. You are reminded that you are obliged to supply these documents whether you are the original creditor or not under Section 189 of the CCA 1974. Then round it off with the info about the time limit etc.

The 12+2 days means the initial period of 12 days plus 2 days allowed for delivery, this excludes weekends, after this and you'll have sent it recorded delivery so you can track and trace on the Royal Mail site and nothing forthcoming you can cease payment and then count 30 calendar days whence the debt becomes legally unenforceable unless they come up with the goods. Hope this helps:)

[by jingo]

Um, ok, thanks, so it's 12 working days plus two grace for postage, thought it might be...but this should be revised really if they work weekends as its unfair on us poor consumers Ok, I'll send the next letter and hold tight, although they've been notified not to hassle by phone or doorstep, and as far as I'm concerned, from the date of the first letter my clock is ticking, and they have to provide within the stautory time limit, cheers for now. I should really start a working project folder and diary for this one...I have a feeling it's gonna drag.

[by jingo]

It seems that the original creditor is experiencing 'technical difficulties' with their archives. Hopefully what they are looking for has gone the way of my odd socks, the dodo, or the sets of keys we could never find. Surely a DCA should have to prove their ownership of an alleged debt as the new/ current creditor? Isn’t that the point of CCA-ing them in the first place? Why has this not yet happened, could it be that they do not in fact own it? Also in the most recent keeping you warm/ making you scared letter I got, the apparent debt has mysteriously shrunk by 2K. What gives?

[miss muppet]

Coo thats unusual, the alleged debts usually go up, looks like the agreement may be at the back of the washing machine with your odd sock!:grin:

[zazen.warrior]

If they return the payment that is their choice, it does not invalidate your CCA request, just file it, no need to send it back again.

[by jingo]

I spent the £1 on sweets and comics. The beano was good last month. Having had yet more doorstep flotsam from Cabs recently, I'm wondering if I should send BC (to whom I allegedly owe money), a letter to request evidence of statments under the Data Protection Act (SAR). At least I could claim back all/any fees they may have charged me on this disputed account. If they have in fact sold this debt on, then they should have no grounds upon which to refuse the request or chase me for it themselves, right? Is this a good idea, or is it more like waving a red flag at a bull, admitting liability, and ownership of a refuted debt? They are still tyring to provide evidence for the CCA after all.

Edited July 2, 2008 by by jingo

[by jingo]

Casbo have written to me, informing that they are unable to produce a CCA as requested "within the relevant time period". They have decided to "hold any action on my account until further notice". Which is nice. They also inform me that although they are now out of time, that they will continue to pursue the OC for my alleged CCA, on my behalf. I was under the impression that any further activity of theirs as DCA's would be a criminal offence post the 12+30 deadline, is that right? I guess I should now have a look at my credit record to see who has been tampering with it (defaults?) and get a heavy book ready to throw at them if its not removed posthaste. Where do I go from here guys??? Library, OFT?

[xandria6]

Subscribing...

[by jingo]

Additional - are there any good TSO templates out there to smack DCA's with???cheers

[ScarletPimpernel]

It's not a criminal offence for a DCA to continue to seek a CCA after the 12+30 deadline - the summary offence for a default was removed by CPUTR 2008 anyway - but they should not be processing or sharing your data unless they can demonstrate that they have your express permission, which is usually contained within the credit agreement.

 

Send them a s.10 Data Protection Act 1998 Notice - and expect them to ignore or try to waffle their way around it.

[by jingo]

Thanks red, where do I find an example of the s.10 Data Protection Act 1998 Notice? Is there one online here already somewhere? Just my luck that they've packed in the the summary offence for a default....where does that leave consumers though???

[Boss-man]

If they return the payment that is their choice, it does not invalidate your CCA request, just file it, no need to send it back again.

 

Thanks for that, They have just done the same to me with two accounts. Should I just file the postal order, the letter returning to me and do nothing?

 

Or should I re-send it?

thanks

[ScarletPimpernel]

The s10 Notice is in the templates section.

 

The Consumer Protection from Unfair Trading Regulations 2008 took away the CCA 1974 summary offence, probably because no-one was ever prosecuted under it. However, CPUTR contains some good stuff, particularly around the issues of misleading consumers by lying, being ambiguous, hiding or omitting material facts, and on coercion and aggressive trading, including threats of legal action that can't be taken - in other words, the stock in trade of the DCA. One of the most useful parts is that failing to comply with a code of practice to which the trader has subscribed is now considered misleading, and is prohibited. DCAs have to hold consumer credit licences, and so are obliged to comply with the OFT's Guidance on Debt Collection - so if they breach the Guidance, they also break the law. The same alpplies to the Banking Code and the silly CSA code too.

 

So, if Cabot can't produce a CCA, any demand for payment is still unlawful (s.77(6)) still applies; the big difference now is that the OFT can prosecute (via TS) under CPUTR if they don't play nicely.

[creditcardmug]

The recent legislation also puts the onus on them re the CCA request, just as if they were the OC, as i understand it

[babybear39]

The recent legislation also puts the onus on them re the CCA request, just as if they were the OC, as i understand it

 

Correct

[ScarletPimpernel]

The recent legislation also puts the onus on them re the CCA request, just as if they were the OC, as i understand it

 

 

Can you post the section and para ref pse; I've had a quick scan and can't see it. I'd like to build this in to my letters.

[babybear39]

TS gave this view in a letter to me SC on this thread:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/147392-cca-dcas-unfair-commercial.html

[by jingo]

Thanks for the feedback y'all. On the downside I still can't find the s10 letter template, is it with the others where I got my CCA form from? I'm full of cold and not thinking too clearly at all. But, I seem to be in luck then if I want to voice any compliant to TS/OFT as the new legislation supports the notion that DCA's are in effect creditors, as of May 2008 right? Good for me as Cab's state they legally own this alleged debt. Bad for them as they have no CCA to support the claim. There seems to be some good stuff elesewhere on the forum about getting DCA's to remove defaults etc. on my credit record. I might have a go at putting something together this week. I'm also guessing that should Cabs send me another pay up or else type letter without CCA, that the OFT will have their gonads.

[Guest forgottenone]

Unsure where it is myself, but could it be one of these I found googling consumer wiki?

 

Account in Dispute Letters - Consumer Wiki

[by jingo]

Ahh right, cheers for that, I didn't know it was there, oooh this is a whole new can of whoop ass!

[babybear39]

Here's one:

 

STATUTORY NOTICE UNDER S10 DATA PROTECTION ACT 1998

 

At NO time have I given my written permission for you or your company to process my data

 

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the first, fourth and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

 

Failure to remove ALL my data from your databases will result in a formal complaint to the Information Commissioners’ Office.