Dare i mention Cabot

[silverfox1961]

Good morning to all and sundry.

I've been looking through other threads and can't seem to find any others on this particular problem.

1996. Bought a very expensive vacuum cleaner and got finance from the associates. Lost my job so couldn't afford the payments. Asscociates refused lower payments so stopped paying. They accepted £10 per month. Associates bought out by Citi. 2001 i got a citicard. As explained in my other thread about lowells I had a massive breakdown and stopped paying my cards and debts before my wife and i split up and i moved out, staying here and there for about 3.5 years until i settled down last year.

Last year Cabot contacted me about a citi debt and of course, me being the type of guy who, when they say jump i say how high (!) i accepted the debt blindly. The amounts seem high but I'm thinking they have amalgamated my credit card debt and my vacuum loan into one debt.

At last, the questions. If one debt is for a loan and the other is for a credit card, can I CCA them for both or is there another form to use for the loan part?

In the letters received from Cabot The balance outstanding was £580 odd but in the next one it's gone up to £743 and the one following £747 ( I'm not bothering adding pennies) even though I was paying. With an arrangement in place are they allowed to add interest?

My apologies if this seems a little trivial but my feeble brain doesn't seem able to work at the moment:???:

Any help gratefully received

 

Fox

[ODC]

Get two CCAs off to these clowns as soon as possible. They should if they produce CCA agreements also produce an up to date Statement of the account

[silverfox1961]

What can I say. YOU DA MAN (WOMAN?) lol

thanks odc. I knew i could rely on you

[silverfox1961]

Hi again all,

 

You've probably heard all this before but as I'm a newbie I find all this legal stuff confusing.

 

I'm in the process of doing a CCA letter to Cabot and was wondering, as I've already acknowledged the debt whether i should reword the heading to read:

 

I NO LONGER ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

In a previous post ODC said to send 2 CCA requests but I don't know if the debt is just for the credit card or both the card and the loan as I have no confirmation of this. Should i just send one for now?

 

I also have no letters from citifinancial to tell me they sold on the debt as I've mentioned I did a lot of moving around

 

I'm sorry if it seems like I'm stupid, mainly cos I am:?

[silverfox1961]

Forgot to mention, as I'm already paying, should I continue or stop paying them

[ODC]

Don not put the words NO LONGER in your CCA requests. The reason I said send two CCA requests is to see if there are in fact two debts rolled into one. You can legally stop paying these clowns 12 working days after they receive your request. The law allows 2 working days for delivery

[silverfox1961]

Thanks for that ODC. I'll reprint the letter and get it posted tomorrow and I'll still pay them next Thursday just to be on the safe side

Thanks again

[silverfox1961]

Update:

 

got a reply today. just the usual. returned postal order and "we will endeavour to reply within 12 days"

 

Well you had better or else NO PENNIES:-D:-D

 

fox

[silverfox1961]

:evil:Hi again.

 

I've just been looking over some previous letters from Cabot.

 

In one from January this year the outstanding balance was just over £600 but in the latter i got today the balance is just over £700.

 

In Feb 2007 the balance was around £750. What the hell is going on??? are they allowed to add interest on to an agreed payment plan and I've never missed a payment since the first one in March last year, so in 21 months, Ive paid off less than £40. Something wrong somewhere. I was going to pay this months payment today as the CCA has only just been sent but they can bog off now.

 

fox:evil:

 

ME, ANGRY, How could you tell:evil:

[ScabHunter]

Welcome to the wonderful world of Crapbot.

 

Wait to see what, if anything, comes back from your CCA requests before doing anything else.

 

There is a strong possibility that you can launch an offensive on this as they are clearly behaving unlawfully, but for now just be patient.

 

Make sure you keep as much paper evidence of their misdemaenours as you can.

 

SH

[silverfox1961]

Thanks SH.

 

:evil:I know I've not missed any payments so they shouldn't be adding charges. In fact I paid every 4 weeks not every calendar month so I was always ahead of them. OOHH how i wish i could swear without being CAGbotted so I'll just say I'm bloody fuming:evil:

 

Fox

[silverfox1961]

:evil:STILL ANGRY:evil:

 

I feel like chopping my Crapbot payment card in to tiny pieces and posting it back a bit at a time. Would cost a lot but I'm bloody minded at the mo.:evil::evil::evil::evil:

[mr.ton]

I sometimes get accused of various things for advocating non payments to DCA's...but this is exactly the reason why amongst many others.

They simply treat debtors as cash cows - they dont give a damn about a specific debt in question, just how much they can squeeze out for their own profits.

I would recomend cutting the payment card up as it has no authority whatsoever.

They are not entitled to 1 penny ever...only the county court is, so tell them to get lost

[silverfox1961]

:evil:I agree Mrton.

I would rather spend the tenner on buying 20 stamps and envelopes and sending one piece a day and let them work it out (the identifying pieces last of all lol)

 

fox

[silverfox1961]

Afternoon all,

Well today is the day Cabot default and guess what came through my door.

 

 

How very magnanimous of them to put my account on hold. Such a generous gesture (I DON'T THINK)

 

I'm going to post my first reply from them which I received on 31/10/08 just play a game called spot the deliberate error but if you can't see it, I'll mention it at the end.

 

 

I am glad they put my account on hold as I didn't pay them this month anyway:)

 

The error: on the first letter they put my balance at £700 odd but in this letter it's mysteriously dropped to just under £600. I personally think they've been caught in a con by adding charges and interest when the agreement said that they would only add this if i defaulted on my payments which I didn't until last month.

 

How long before they sell this debt on?

 

fox

[postggj]

well the ammount of time passed, they are up the creek with out a paddle as no agreement

 

all i can say is prepare for the dca merry go round

ive just begun a court claim against two dca for statute barred debts from 1998, and in there wisdom have slapped 2 defaults on my credit file

 

its not nice i know

they are a law unto them selves ime afraid

[silverfox1961]

postggj,

I see a Data Protection Act complaint coming. Statute barred and trying it on. How very nice(!) of them:-|

 

fox

[underdog13]

Try not to be afraid postggj - that's what they rely on. At least the accounts are on hold for now (that's more than any of my creds have done for me, despite them being in default); it will probably take some time for the OC to come up with the agreement (if they can find it at all), so at least that buys you a little breathing space:) Best of luck with it.

[silverfox1961]

Hi all,

After a few days umming and ahhing about this and after a bit of input from 42man, I decided to send Cabot an account in dispute letter. Once they get that letter they'll know that i now know my rights regarding selling on the debt which (if I'm lucky) they won't do. I know it's a risk that the letter may make them look a bit harder for a valid CCA but I felt I needed to cover myself. I know some of you think that I shouldn't encourage them but the deed is done now.

 

fox

[silverfox1961]

Afternoon all,

I've been doing some more reading and a lot of thinking.

If you read post 1 you'll see that i ended up homeless for a while but I did the responsible thing and contacted all my creditors and gave them a contact address where they could send letters but the guy who's home it was moved and didn't tell me. I rang his number to find it was disconnected so I went round and found new people there. They had sent all letters back marked return to sender.

Basically what I'm saying is that I never received a default notice or letter of assignment from anyone.

Where do I stand? Do I need to be sending an SAR to Citi or just let things lie for now?

 

fox

[silverfox1961]

any help gratefully accepted (AKA bump)

[ScabHunter]

Difficult question, and you will get sensible arguments on both sides.

 

It is a shame that you didn't receive the Notice of Assignment, because it would almost certainly have been a Crapbot special - a fake on obviously reconstructed letterhead.

 

Some people would say leave this well alone while there is no problem. The question is how would you handle it if Crapbot suddenly produced an agreement and went to court?

 

If you send for the SAR, you will (if they comply) get a copy of the Default Notice, which may or may not be compliant. You should get a copy of the Notice of Assignment, but you probably won't because it won't have been issued properly - it will have been a botch job from Crapbot. If there were substantial unlawful charges on the account, before it was sold, you will be able to calculate these.

 

On balance, I would send the SAR, especially as the vaccuum account and the card should both be covered by this. I realise it will make you £10 poorer, so only you can really decide. It may just allow you to prepare a more effective defence if Crapbot did go to court.

 

SH

[silverfox1961]

Thanks SH for that.

I suppose it's because everything has gone quiet and having seen other posts where Cabot keep chasing no matter what, unnerves me slightly. You're right about seeing what others have to say first. I'm in no mad rush at the mo. Perhaps I'll wait to see what comes back from Cabot first (if anything). If they start chasing again then perhaps that's the time to SAR Citi. As i've constantly been saying, I'm not out to avoid the debt, I just want them to understand that I'm not going to be the pushover they may think I am. I don't want to get to the situation if Cabot SD me and I then have to SAR Citi with little or no time to reply Am I overly worrying?

 

fox

[ScabHunter]

No, just being cautious and sensible.

 

If you are issued with an SD, the SAR would not have time to be effective, that (combined with the possibility of a normal court claim) is why on balance I would SAR Citi.

 

If they do issue an SD, you should be able to get it set aside as Crapbot have failed to produce an enforceable agreement.

 

There is also the issue of the two accounts, and what the amount Crapbot quote actually relates to. It looks from the letter as though they are just counting the card, and not the vaccuum cleaner part.

 

As I say, there is a good case to be made for either course of action. As it stands, the lack of any agreement gives you a defence against any court action. If you want to wait, then that is OK for now.

 

If you want to settle this with a full and final settlement, just be very careful to make sure that everything is included. You don't want to be paying a settlement on the card, and then have them coming back the next day with an inflated demand on the vaccuum cleaner.

 

SH

[silverfox1961]

Thanks again SH,

I've been reading quite a lot of your posts and you have been very helpful to loads of other peeps. As it's this week i would have been sending my monthly debt payments, I may just use it to SAR Citi. Now that is a good use of my meagre income.

Oh poo! I can't tickle you today as I only did it yesterday:cry:

 

fox:D