From Monument to.......Cabot

[angel_1]

hiya cymruambyth

 

ive already subscribed to your thread and i wanted to let you know i have my own monument thread, and wow, it appears we have had the same application form, and ive had my responce from monument together with it looks like their upto date terms and conditions - they say terms been updated which are enclosed been sent rather than those that applied at the time i signed the agreement

 

oh i say i agreed to only pay back 1.00 - i bet they would find the original terms and conditions then lol

 

so i think i will have to now reply with an edited and mixed about letter from ida

 

this is going to be fun, i had also asked for a copy of their complaints proceedure which i didnt get ,,, requesting again,

 

will keep u updated ciao for now MAZ

[angel_1]

hiya

 

any more updates on this your side?

 

getting the nasty attempted phone calls now

 

hmme need to address this now somehow as a positive stance i reckon

 

catch up laters ciao maz

[cymruambyth]

Hello Maz, I've been ignoring them:p. I get lots of polite answer phone messages asking me to phone, then if I do answer a call they seem to get upset when I won't talk to them:eek: So far all my callers have English accents!!!

I'm sure I'm due a new threatogram soon, I'll let you know. Good luck in your battles, C

[cymruambyth]

Well, I've had a letter, but not a threatogram........which makes it look as though Cabot realise that they don't have any paperwork.

In 3 weeks I seem to have accrued over £800 in interest:rolleyes:

They want to talk but will agree to my request to write...as long as I co-operate with them....within 28 days or they'll resume their telephone procedure using any number available to them!!!

I need to send a clear statement of my proposal for repaying them and complete a Budget form.

I think it's fair to say that I will comply fully.....once they have supplied the requisite paper work:D

[angel_1]

Well, I've had a letter, but not a threatogram........which makes it look as though Cabot realise that they don't have any paperwork.

In 3 weeks I seem to have accrued over £800 in interest:rolleyes:

They want to talk but will agree to my request to write...as long as I co-operate with them....within 28 days or they'll resume their telephone procedure using any number available to them!!!

I need to send a clear statement of my proposal for repaying them and complete a Budget form.

I think it's fair to say that I will comply fully.....once they have supplied the requisite paper work:D

 

 

hiya out of interest pls, how long did it take monument to pass to cabot, did you stop paying monument for say a few months and did you ever get a default notice from them ?

 

just trying to guage a possible threat attack from them, constant phone calls ignoring now but want to be armed as much as possible for their next offers of assistance

 

thxs angel

[cymruambyth]

Hi angel, I was paying Monument a reduced sum for quite a while before they passed to Cabot and I hadn't missed any payments when I was passed over. I was sent a letter of assignment by Cabot on suspect Monument headed paper. Cabot were quite happy until I found CAG, sent off my CCA request and started to question their powers

[angel_1]

hiya cymruambyth

 

well im still with monument only missed last 2 payments but getting the phone calls which ive turned my phone off, as couldnt cope with the continued calls this week, they had stopped charges and interest but that was also before finding cag, and now ive had the cca, which i believe like yours is unenforceable, i think they will try to pass over to some dca

 

i think i need to send a dispute letter and then see what happens

 

thanks for your support by the way much appreciated,

 

have a good weekend angel x

[cymruambyth]

Cabot now know that they 'haven't received a payment proposal from me'.

Balance is still increasing and if I don't pay in full or send a payment proposal.......'as explained in our previous letter, we'll resume our telephone procedure'....if I don't respond within 7 days of their letter.

Well I like a challenge and I bet they give in first or I make sufficient complaints that they have to give in:D

I'm thinking perhaps a nice letter asking if they are threatening me in view of my earlier letters on harassment and all contact by mail.

[hellhasnofury]

Cabot now know that they 'haven't received a payment proposal from me'.

Balance is still increasing and if I don't pay in full or send a payment proposal.......'as explained in our previous letter, we'll resume our telephone procedure'....if I don't respond within 7 days of their letter.

Well I like a challenge and I bet they give in first or I make sufficient complaints that they have to give in:D

I'm thinking perhaps a nice letter asking if they are threatening me in view of my earlier letters on harassment and all contact by mail.

 

Hello Cymru,

 

Just subbing to your thread, as I am now a honoured member of the cabot fan club, they wrote to me a couple of weeks ago with the hello and goodbye letters. This is regarding a loan that I had and had been paying via a dmp for two years:eek: Actually managed to triple the reduced payments to the OC and reduce the balance of the loan by £4,000 in the last two years.

 

Cabot have added over £3,000 to the account I do beleive that they think people are stupid and won't notice that the alleged balance has risen by £3,000.

 

Anyway they have now done this to the wrong person, so they are now going to have a bit of a fight on their hands:mad:

 

Waiting for the threatogram and calls to start:D

[cymruambyth]

Good luck and have fun...........The best part about dealing with them is when you sau say that you won't answer their questions and ty get stroppy:D

Seriously I'm not too sure how this will progress, it depends on whether they want to stick to the law or not. I'm getting ready to check my CRAs as I've read elsewhere that they like adding lots of defaults.

[cymruambyth]

The Cabot Financial Group has recently bought the account you held with Monument and we've tried to contact you previously. It's now vital that you contact us urgently to discuss your account.

Choice of payments methods....

If we don't hear from you....

Contacting Cabot.......urgently......helpful customer advisors....etc

Our aim is to help customers get their accounts cleared - so do contact us immediately!

[jp2006]

The Cabot Financial Group has recently bought the account you held with Monument and we've tried to contact you previously. It's now vital that you contact us urgently to discuss your account.

Choice of payments methods....

If we don't hear from you....

Contacting Cabot.......urgently......helpful customer advisors....etc

Our aim is to help customers get their accounts cleared - so do contact us immediately!

 

 

My special thank you to Cymruambyth and all others who have contributed to this thread. I am carefully monitoring this thread from over a week now and to be honest with you I have gone through all the incidents which are mentioned here.

 

I have got my Credit Application form with T&Cs and also they increased my debt by £1500.

 

I dont know what to do now and will wait for guidance from you guys who are more experienced.

 

Can someone tell me is it a good idea to complaint to Information Officer about the way they treat and mislead customers.

[libra007]

hi cymruambyth, i didnt even got application form, and after a year got letter, the original creditor cant find any documents, but hey you can pay us half the amount .... blah

 

sent them a dispute letter and again got the generic 1st letter,.. they have requested information etc ....

 

this is like a joke, trying to restart the whole process again.

 

any pointers to complaint or further letter will be helpful on my thread

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/117115-libra007-cabot-monument.html

[cymruambyth]

jp2006 unfortunately this whole industry is very poorly regulated with most of the regulatory bodies having members from the DCAs! It is worth complaining, though you may not get anywhere, because at least your complaint will be registered and if anyone ever takes any action you will have a record. Try the TS, different ones have different actions.

Good luck.

[cymruambyth]

libra007 I've just looked at your thread, what a waste of time and effort. What is worrying is the ever increasing numbers of people who do not know about CAG and who are intimidated by these companies.

I'm now going to send them copies of a few my letters and request their complaints procedure.

I'm not sure if this constitutes harassment or just proves that they are illiterate and do not understand the English language!!!!

[jp2006]

Thanks cymruambyth, I am now planning to complain to the information commissioner at the following address:

 

 

Deputy Information Commissioner

Information Commissioner’s Office

Wycliffe House

Water Lane

WILMSLOW

Cheshire

SK9 5AF

 

Should anyone need it.....if its wrong then please let me know.

 

Thanks

[cymruambyth]

Despite having had account in dispute letters, the most recent signed for at the end of January, they are again telling me ....

'we've tried to contact you on several occasions and it's now vital that you conact Cabot urgently to discuss your account..........interest may be added on a daily basis......we will have move to your account to the next stage of our collection process....'

Yes, they are adding interest, if they had sent my agreement and t+c I may be able to tell if their actions are legal or not!!!!

Is there a successful letter to Cabot that actually makes them answer your letters instead of sending threa-ograms (Janet and John are being used again, maybe a few copies would help them to read:D)

Emma no longer loves me, Peter is now my new penpal

[cymruambyth]

Hello, they don't like me:eek:

New letter today, I've tried working through the many Cabot threads....but wonder if someone could point me in the right direction for a reply as they are not going to enter into any further correspondence with me and are going to escalate...in our collection process.

 

http://i399.photobucket.com/albums/pp74/cymru_1/Cabot-Monument/scan0016.jpg

[thrubolt]

Hello all, happy Saturday,

Just reading about your CRAPBOT probs - they are bunch of highly untrained monkeys who react like Pavlovs slavering dogs.

I to received a letter today -they always send them at weekend to think they can ruin it for you - it used to till we sussed it out - they hope it will cause stressful arguements in the household so you reach breaking point and cave in - HORLICKS. Anyways to my letter -same as yours ;

Your Request: WE write further to your request for information under sections 77 and/or 78 of the CCA 1974.

Although Cabot have requested the information, the original lender is experiencing a delay in retrieving the information from its archives.

We shall send the information as soon as we receive it.

We wii As a gesture of goodwill put your account on hold until we receive further communication from the original lender, yours BLAH BLAH.

 

We received a letter on the 26/01/09 to say that if no information is forthcoming after 28 days we will write and tell you what you should do next, if this is the case I don't see a need for this current letter, Oh sorry yes I do, what they are saying is "Oh dear, we're in deep so make it look like we are doing something positive so as to scaremonger them" We are no longer scared by these vermin, in fact I relish the prospect of a good battle

[cymruambyth]

Hi thrubolt, I've had lots of letters like yours. They have sent an application form with later t+cs which they want me to accept......I'm now hoping to find a suitably caustic letter to tell them that as I have explained in my previous letters these doe not give them any powers and if they cannot fulfill their obligations, they should.......

[cymruambyth]

Can someone please advise me about Cabot's comments on the following please?

'the requirements ofthe Consumer Credit (Agreements) Regulations 1983/1553 concerning the form and content of the agreement are enforceable by the primary legislationwhich the Consumer Credit Act 1974 (CCA) , more specifically section 60(1) which states:'The Secretary of Stte shall make regulations as to the form and content of documents...'As a result, one is required to view the primary legislation together with the secondary legislation and therefpre our explanation as set out on previous occasions that the terms of the agreement can be set out in another document is legally accurate With regards to the legibility of the credt agreement, it is the case that at the time of entering into the agreement with Monument all terms were clearly lgible, which you agreed and signed to in order to obtain the credit, which you have received and utilised.'

Plus bits saying you've had statements and made payments which are 'clear evidence that you acknowledge responsibility for the above account'

Is this hogwash as I'm sending a new letter and would lke to address their comments!!!

[cymruambyth]

I've obviously come back into their letter cycle:D

I replied in February to their threatogram, pointing out their legal failings, mantioning the Cabot Fan Club and asking for their complaints procedure.

All quiet until today when we are back to step one or is it step 3......

'this is your last opportunity to agree a suitable repayment plan, before we move your account to our Pre Litigation Department.' etc etc

Ah, bless them they've also added more interest, yet more ammo for my complaints.

[cymruambyth]

Hurray:rolleyes: 'your account has been escalated to our Pre Litigation Department'

.....account escalated to the next stage of our Collections process where a decision will be made accordingly.

If we don't hear from you, one of the followimg options will occur.

Warrrant of Execution, Charging Order, Attachment of Earnings Order, Order to Obtain Information, External Debt Collection Agency or Legal Agency calling on you.

???

I seem to have sent letters for every occasion, but like most Caggers I've found they don't seem to be able to read and remember.

[cerberusalert]

If we don't hear from you, one of the followimg options will occur.

Warrrant of Execution, Charging Order, Attachment of Earnings Order, Order to Obtain Information, External Debt Collection Agency or Legal Agency calling on you.

Not without a court order you won't.

[cerberusalert]

Dear Sir or Madam,

 

 

Account no

 

ACCOUNT IN DISPUTE

 

Re: my request under the Consumer Credit Act 1974

 

 

Thank you for your letter dated ........, the contents of which are noted

 

Your attention is drawn to the fact that this account is subject to a serious dispute. On ......... I requested that ........... supply me a copy of the credit agreement covering this account pursuant to the Consumer Credit Act 1974 section 78. To date ........... have failed to comply with my request. Without production of the said agreement I am unable to assess if I am indeed liable for any alleged debt to .............., nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’ as required by the Consumer Credit Act 1974.

 

For the avoidance of any doubt I have included section 78(1) and 78(6) of the Consumer Credit Act 1974, which states…

 

78 Duty to give information to debtor under running-account credit agreement

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the state of the account, and

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement;

 

 

Clearly as no agreement was supplied on request, this in no way complies with the requirements of the Consumer Credit Act 1974 and I now draw your attention to section 78 subsection 6 which states If the creditor under an agreement fails to comply with subsection (1) he is not entitled, while the default continues, to enforce the agreement;

 

Clearly this is a situation as described in S.78(6) Consumer Credit Act 1974 and the debt is unenforceable at this time. In addition, I draw your attention to section 127 (3) Consumer Credit Act 1974 which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 the agreement cannot be enforced.

 

 

To clarify S.61(1) states

 

(1)A regulated agreement is not properly executed unless—

 

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b) the document embodies all the terms of the agreement, other than implied terms, and

© The document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible

 

In addition the prescribed terms referred to in section 60 CCA1974 are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following—

 

1.Number of repayments;

2.Amount of repayments;

3.Frequency and timing of repayments;

4.Dates of repayments;

5.The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

 

Therefore based upon the Consumer Credit Act 1974 this debt as it stands is unenforceable and should this proceed to litigation, a court is precluded from making an enforcement order under section 127(3) unless a true copy of the signed agreement is produced..

 

At the point where this account entered into the default situation as described in s78 (6) CCA 1974 no other charges are allowed to be added until such time as ............... become compliant with my request. As ................ are still not in compliance with my request I insist that the following takes place with immediate effect

 

All entries which refer to missed payments be removed from my credit file

All collection activities cease with immediate effect until ............. comply with my request from .date........... or such time as a court makes an enforcement order

In addition, I draw your attention to the Office of Fair Trading’s guidance on Debt Collection

 

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

What I Require.

 

I require that you send me a true copy of the executed agreement as required by the Consumer Credit Act 1974. If you are unable to supply the requested documentation because no such agreement is in existence I require written clarification as such.

 

I require that you comply with my request within 7 days of the date of this letter. I will not correspond any further with you until I either receive a copy of the requested documents as laid down in section 78(1) CCA 74 or clarification that such agreement doesn’t exist. I am advised that should you persist in pursuing this debt ignoring the above information you will be in breach of the Administration of Justice Act 1970 section 40 as well

 

No other correspondence will be accepted

 

Should you attempt litigation it will be vigorously defended and the failure to supply documentation under the CCA 1974 is a complete defence to any legal action and your actions will be vexatious and unlawful

 

 

I trust this out lines the situation

 

Regards