Cabot / Halifax Advice

[Boss-man]

Hi All,

 

Received a letter this morning from Cabot Financial saying that my Halifax Credit Card debt had been transferred to them and I should contact them to make payment arrangements. It went on to say that Halifax would provide them with all relevant documentation in relation to this account blah blah blah.

 

They also enclosed a letter from the Halifax stating that they had transferred the debt to Cabot.

 

Now, I'm no Sherlock Holmes but I am nigh on certain that the Halifax Letter is fake. It looks very unproffessional as though its a piece of paper with the Halifax Logo photocopied on the top. It is just one line saying they have assigned the debt to Cabot and gives no more details. At the bottom it gives someones name and just says Halifax below it, no position within Halifax or anything. It simpy doesn't look right. Then I notice on the Cabot Letter that they have mispelled my name, they have combined my first name and middle name to make a made up name. I then noticed that exactly the same mistake is on the top of the Halifax letter! I've checked all other documents from Halifax in relation to this account and my name appears exactly as it should do! Has anyone on here experienced this before.

 

What should I do now? Should I CCA Cabot?

 

Also, I took the credit card out back in 1993, what do we think the chances of them having a valid CCA are?

 

Thanks in advance

Boss-Man

[42man]

Have you received a letter from the Halifax also ? saying that they had sold/assigned the debt to Cabot ??

 

And YES CCA them !!!! IMO, very little chance they will have the CCA !!!! - keep us posted...

[ScarletPimpernel]

The bogus letters are one of Cabot's speciality. Impersonating other companies like this is deceitful and misleading communication (OFT Guidance), and omitting or hiding material fact (that it's not in fact from who it purports to be from), and failing to comply with a code of conduct (CPUTR).

 

The chances of Cabot having any relevant documentation are nil. The possibility of Halifax having one, or at least one that's enforceable, are slim.

 

CCA them. Expect some drivel telling you that the Law of Property Act 1925 means that they don't have to comply; it's bolleaux - they do.

 

This is my new letter:

 

Re: Account no: xxxxxxxx

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

If you do not understand this letter, you should seek professional advice.

[Boss-man]

Have you received a letter from the Halifax also ? saying that they had sold/assigned the debt to Cabot ??

 

And YES CCA them !!!! IMO, very little chance they will have the CCA !!!! - keep us posted...

 

Thanks 42man.

 

No, nothing received saying they have sold the debt to Cabot. The letter I have which is "supposed" to be from Halifax was in the same envelope as the Cabot Letter.

 

Halifax tried a couple of collection agents before on this account who threatened all sorts but did nothing.

 

I will CCA cabot, expect to get the usual we dont have to supply one rubbish and then shoot them down.

 

On a side note, what is peoples general feeling on the potentially fake Halifax letter - surley Halifax will not take to kindly to Cabot sending out so called letters on fake Halifax letterheads.

[Boss-man]

The bogus letters are one of Cabot's speciality. Impersonating other companies like this is deceitful and misleading communication (OFT Guidance), and omitting or hiding material fact (that it's not in fact from who it purports to be from), and failing to comply with a code of conduct (CPUTR).

 

The chances of Cabot having any relevant documentation are nil. The possibility of Halifax having one, or at least one that's enforceable, are slim.

 

CCA them. Expect some drivel telling you that the Law of Property Act 1925 means that they don't have to comply; it's bolleaux - they do.

 

This is my new letter:

 

Thanks a lot Scarlet I will use your letter. As you say, they will probably write back with the usual rubbish about not having to supply one etc etc - this time I'm ready for them.

 

Whats got my back up about this case more so than any of my other ones (of which there are many some of which I didn't defend 'cos I hadn't come across this site so thanks all for your help) is the fake letter scenario - I feel like telling them I know its a fake and reporting them. Cant explain the feeling, Its just made me really mad!

[Boss-man]

Update:

 

Well, I sent off the CCA request this morning.

 

Anyway, over the weekend I had a missed call on my mobile but no message. The number was not valid when you tried to call it so I searched the net to find that it was Cabot!

 

How the heck did they get my number?? Halifax never had it, nor did any of the other DCA's they used. It is a company mobile as well, which is registered in the company name?? I just dont get it!

 

Anyway, I'll cut to the chase. They called again today and I answered. Asked me to confirm who I was etc, by the sounds of the way it was done they must have been calling on the off chance it was me.

 

The lady was very pleasant and started realing off the reason for the call etc etc and how I proposed to clear the account. I replied that I had sent a CCA to them this morning etc etc - there was a silence, then she said she'd update the notes and leave it at that.

 

Lets see what happens!

 

Thanks for everyones help and advice so far.

[Boss-man]

Thought I would keep this thread going as there seem to be a number of people dealing with Cabot at present.

 

I currently have two alleged accounts with them.

 

I CCA'd both accounts last week. This morning I have received two letters from them. The letters state that they don't have to provide a CCA, but they have requested one from the original lender anyway! Why do something if you don't have to !

 

It then goes on to say that they anticipate they will be able to produce this information within 12 days. If they can't, they will write and advise me of this. If you can't my friends, then that will be the end of the matter i'm afraid .

 

Anyway, just wondered if anyone else had one of these letters - its a standard print off, not even signed by anyone? Also wondered what the chances are of them actually producing a valid CCA for the accounts - bearing in mind one was taken out 18 years ago, and one 14 years ago?

 

I'll keep you all updated if I hear from them

 

Thanks in advance for any advice.

 

Boss-Man

[Helmetfire]

I had the same replies as you after I CCA'ed them in March...it took them 3 months to eventually tell me that neither they nor the OC have it and that they will not be attempting to collect or add any interest etc until such time as they find them....or not as the case may be.

 

I am still deciding whether or not to complain to TS, OFT, FOS or just be happy that they are not bothering me anymore...I am battling with couple of others at the mo so it depends what happens with them and how much time I have.

[djdave]

Regarding you "fake" letter, I'm in a similar position with Cabot/Barclaycard.

 

I sent a Subject Access Request to Barclaycard and asked specifically if they had knowledge of this letter - they did not. I asked Cabot the specific question whether this was a TRUE COPY of a Barclaycard letter, they would only say it was a reproduction.

[Boss-man]

Its not good is it djdave! The thing is it is blatantly obvious that the letters are fake. Sureley this must be illegal??

 

I will wait to see what excuse for a CCA they provide - if anything!

 

Cheers

Boss-Man

[ScarletPimpernel]

Cabot's business model is based upon the premise that the majority of people are unaware of their legal rights, and will therefore not seek to assert them.

 

The letters they send out at this stage are all templates, and can be ignored.

[radders83]

Hello Boss-Man, and everyone else in this forum!

 

I am about to embark on my epic adventure/battle with the company so fondly refered to as "Cabot"!

 

I Recieved my letter, just like yours Boss-Man and am posting my CCA request in the morning.

 

I am being told I owe £1544.06.

 

Is it ok to attach my progress to this thread due to the fact we are both at similar stages (allbeit I'm a little bit behind!) and both with fake halifax letters in hand!?!

 

I have so far found the help and information on this forum invaluable and want to say thanks!!

[radders83]

Hi Everyone,

 

I recieved a familar letter from Cabot this morning, just like the one mentioned above explaining they do not have to provide the CCA but will contact Halifax to try to get it...

 

What should I do next?!

[Helmetfire]

Just Wait:D

[radders83]

No Problem at all!

[Boss-man]

Hi All,

 

Sorry for delay in updating - been away for a while.

 

Since sending the CCA request I have received two letters from Cabot. First one says they are experiencing a delay in providing the information. The second says they are still experiencing a delay but hope to have the information soon. Both are standard letters not signed by anyone.

 

I will keep you up to date with any futher developments.

 

Boss-Man

[42man]

If it was me in your positions with Cabot....I would send a letter to the chief exec / chairman with a photocopy of the 'Halifax' letter asking if this a genuine letter and requesting confirmation that they have permission to use thier identity in this way. Most companies protect their logos and corporate identities.

[radders83]

I like that idea - Id be willing to bet they havent gained permission from Halifax!

[radders83]

Hello everyone!

 

Ok, I recieved a letter over the weekend from Cabot, dated August 5. Here is the update.

 

23/07/08 -CCA request sent to Cabot -

24/07/08 - CCA received and signed for by cabot...12 days started, giving them until Tuesday 5th August.

25/07/08 -Letter of acknowledgement received dated 24/07/08 from cabot and was told they did not accept the statutory fee I sent and that my cheque was returned and I would recieve my CCA within 12 days

(Does them sending the £1 cheque back have any relivence!?)

08/08/08 - letter received dated 05/08/08 from Cabot. "The original

lender is experiencing delays retrieving this information" My account is now on hold until further communication is received from the original lender.

What should I do next? I have read conflicting information an opinions as the whether DCA's are breaking the law after 30 days, and I am also a little unsure what to send, and when to send it!

 

I am keen to get the default removed from my credit file and realise it can take time, but just want to make sure at the same time I am doing all I can to get it done!

 

thanks again for your continued help and support!

[radders83]

Hello Everyone.

 

Since my last post I have heard nothing from Cabot and was under the illusion they would not contact me without sending a CCA first....

 

They just called trying to get payment after over 2 months...

 

Can someone advise me on what to do next please?

[Boss-man]

Hi There,

 

Since my previous post I haven't heard a thing from them, so I'll expect them to try the same with me soon.

 

As I understand it they should not be trying to collect on a disputed account nor are you obliged to make any payment whilst an account is in dispute. If it were me I'd be highly tempted to tell them to get lost. I might be wrong and hopefully somebody with more knowledge on this will be along soon.

 

Cheers

Boss-Man

[PossVox]

Hi Boss-man,

 

The general advice is not to contact them again unless they contact you.

 

Someone said "don't poke a sleeping bear" or something similar!

 

PV

[Boss-man]

Hi Boss-man,

 

The general advice is not to contact them again unless they contact you.

 

Someone said "don't poke a sleeping bear" or something similar!

 

PV

 

 

Hi PV

 

Thanks for that.

 

I certainly have no intention of poking the sleeping bear! :grin:

 

If they contact me should I tell them to get lost? As sureley without a CCA there is very little they can do.

 

Thanks,

Boss-Man

[PossVox]

Yes, this letter makes it very plain...BOG OFF!

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted. (EDIT/DELETE THIS LINE AS REQUIRED)

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

 

PV

[radders83]

Powerful Stuff, Thanks very much!