Poor old Cabot....

[Hopeful1]

Poor old Cabot...

 

.....have only gone and bought an account that has no CCA and is currently in a dispute being handled by FOS.

 

In light of the info posted by BB on this thread - click! - i am just going to send a CCA request.

 

What has made me chuckle is that they have offered to send a copy of the original application form if he (hubby) sends a signed letter and a copy of his passport / driving licence!! Tee hee

[dpick]

Wonder what they would do if you sent them a letter that just said "GET STUFFED"

 

dpick:)

[Hopeful1]

Wonder what they would do if you sent them a letter that just said "GET STUFFED"

 

dpick:)

 

It's oh so tempting Dpick!! Unfortunately for them, i want to bring all this bad behaviour to the attention of FOS, TS etc so i shall pretend to be civilised in my responses

 

Interestingly enough it's an MBNA account - i know you and they are good friends

[tifo]

It's oh so tempting Dpick!! Unfortunately for them, i want to bring all this bad behaviour to the attention of FOS, TS etc

 

From personal experience, nothing much will be done by TS, the FOS will decide that you owe money to the DCA and everyone else will be on their side.

 

I've been through all this over the past 16 months. Bank/DCA always wins. If the account was sold, DCA gets the money, if it was part settled by you, bank gets the money. I've lost over £12k and counting.

 

Relevant laws, guidelines, cases etc are just ignored by the FOS and they only decide what the bank/DCA offers.

 

I am looking into it further but i'm told there's no use in trying. Just accept the FOS's biased decisions.

[Hopeful1]

Hi Tifo.

 

From reading other people's posts there certainly is an inconsistency with the responses made by FOS, TS etc. I have been fairly fortunate. TS saved me from a whole heap of grief from a DCA last year.

 

As for FOS, they have resolved all my claims issues apart from Barclays PPI. Unfortunately i wasn't clever enough for Barclays!

 

My view is that I have to keep shouting. All these banks and DCAs get away with far too much, the harder I can make it, the better. Many of these people have pushed me (and many others) to the edge for years. I am finally gaining some sort of order in my life. There are still some battles i'm losing, but i won't be losing quietly.

 

On a totally untechnical / legal note, i am a great believer in what goes around comes around....no matter how long it takes.

 

Best wishes

[andrew1]

Thanks H1 for you know what...

 

Not sure how far you have got with this one , but our friends Cabot did get some 'interesting' accounts from MBNA and in their Deeds of Assignment - the Sales agreement document some 47 pages long, one found a rather interesting fact that these accounts they bought were all regulated by IRISH law, so if you find yourselves going to court just make sure the DOA is English won't you? Wouldn't want Cabot or the Hodsons fools with egg on their faces bringing action in a UK court with an Irish agreement now would we?

 

 

Sarah

[Hopeful1]

Thanks H1 for you know what...

 

Not sure how far you have got with this one , but our friends Cabot did get some 'interesting' accounts from MBNA and in their Deeds of Assignment - the Sales agreement document some 47 pages long, one found a rather interesting fact that these accounts they bought were all regulated by IRISH law, so if you find yourselves going to court just make sure the DOA is English won't you? Wouldn't want Cabot or the Hodsons fools with egg on their faces bringing action in a UK court with an Irish agreement now would we?

 

 

Sarah

 

Hi ya Sarah - you're welcome! OMG i actually wish they were taking us to court using Irish law - how funny!

 

Well in this case Cabot haven't been very tough at all. I didn't get around to sending the CCA but i did write to apologise that they had been given this account when it is in dispute and in the hands of FOS. I wrote that i thought it was only fair to inform them that i would have to forward all correspondence from them to FOS as part of the ongoing investigation.

 

And do you know what i've heard..not a sausage. They didn't even write to thank me for my letter. Boo hoo

 

I also wrote to FOS about the unfair behaviour of MBNA and the stress it was causing to be chased by debt collectors. The case is still being looked at. Why, i don't know. Hubby ticked 'No' to PPI, was charged for it anyway and has asked for it back. Seems quite simple to me

 

Oh the power of logic

[Hopeful1]

Well well well. They (Cabot) have crawled back out of the darkness expressing their surprise that we have not responded and explaining they will kindly allow 14 days for contact to be made re payment. Damn, another trip to the post office as i will definitely be sending a CCA request now just to keep them busy. I shall keep my eyes on this now as complaints will be fired off as soon as the 12 days are up.

 

Ah it is so fantastic not to feel stressed when these letters arrive and knowing that i can tackle them.

 

[andrew1]

You realise they'll send you your £1 P.O back don't you? They'll tell you they are not the creditor and as an act of goodwill will request same from the bank for you. Something to with the Law of Property Act and the CCA they choose to ignore

 

You are far better doing an S.A.R - (Subject Access Request) on Cabot these days adding that you wish to have the agreement and statements included. That way you get to see all their apparently sent out letters, which as a matter of course one of their staff has to write along the top of stating that the blank copy below is just like the original - might as well make their staff feel useful now mighten you?

 

Makes you want to weep doesn't it?

 

Sarah

[Hopeful1]

Thanks for the heads up on their level of professionalism and predictability, Sarah

 

In all honesty i wouldn't waste £10 on a S.A.R to them. The acc only has a couple of hundred owing - although i notice they have increased their balance If it had been a larger acc or we'd made payments to them, i certainly would have done that though. I rather feel like a cat playing with a mouse with this one.

 

I will actually be gunning for MBNA more as they have passed this on whilst it has been with FOS. We are still waiting for a final decision on PPI.

 

Our days are never dull are they?

[andrew1]

The increase will be their interest charges, something like 12%. Sickening when you think they'll charge 12% on the balance they took over, but only paid 10% of that amount when they bought it...money for old rope if you ask me ....old rope called 'unjust enrichment' me thinks? That's how our Ken can buy a new swimming pool for his new house by charging interest on money he has never had to borrow in the first place, wasn't in his bank before hand to lose interest on - it's interest on a ghost figure...Wish I could make money like that

[389shell]

Have a gander at my thread, it sounds like I got a similar letter

 

http://www.consumeractiongroup.co.uk/forum/mbna/161763-credit-agreement-you-all.html

[Hopeful1]

Have a gander at my thread, it sounds like I got a similar letter

 

http://www.consumeractiongroup.co.uk/forum/mbna/161763-credit-agreement-you-all.html

 

Thanks for the link - yours is far better than mine. That's the best i've seen yet!

[389shell]

In their defence, they did keep me up that night a little bit; everytime I was just dropping off, I got a fit of the giggles thinking of how embarrassed the person who put it in the envelope must have felt lol.

 

You've gotta laugh

[Hopeful1]

 

You've gotta laugh

 

...and today i did!!

 

Cabot have kindly put this acc on hold whilst they contacted the 'original lender' for the requested info ie credit agreement which i know MBNA do not have as it doesn't exist!

 

Anyway Cabot have said they can now request payment as they have fulfulled their CCA obligations....

 

....what they mean is, they've sent a copy of statements and someone else's application form. Once i've put the little one to bed i shall be composing a very thoughtful letter to my new found friends, Cabot. One to Trading Standards won't be far behind. I'll also be making a complaint to MBNA for handing the acc over whilst in dispute as it is still with the FOS.

 

Wish i could be there to see their faces when they read my little composition

[andrew1]

...and today i did!!

 

Cabot have kindly put this acc on hold whilst they contacted the 'original lender' for the requested info ie credit agreement which i know MBNA do not have as it doesn't exist!

 

Anyway Cabot have said they can now request payment as they have fulfulled their CCA obligations....

 

....what they mean is, they've sent a copy of statements and someone else's application form. Once i've put the little one to bed i shall be composing a very thoughtful letter to my new found friends, Cabot. One to Trading Standards won't be far behind. I'll also be making a complaint to MBNA for handing the acc over whilst in dispute as it is still with the FOS.

 

Wish i could be there to see their faces when they read my little composition

 

Pop a kiss in for Ken Maynard from the Cabot Fan Club hopeful1:D:grin:

[Hopeful1]

This is still rumbling on, admittedly because i've not done all i should have done

 

A complaint has now been sent to TS, as the production of dodgy paperwork has continued. This situation is kind of a 2 pronged attack as it is adding fuel to a MBNA battle with FOS. FOS have been extremely supportive and have warned MBNA that they could be ordered to pay compensation. Once it is all settled i can explain more fully what is going on.

 

Hope everyone is well