CABOT chasing ex littlewoods barclaycard debt

[mysticpols06]

cheers Fox - Knew there was something nagging but couldn't remember what! Will ave a think & draft something up over the weekend & post it for comments before send me thinks! Night hun Mpolsx

ps - Will pm you soon - sooooo need to catch up -My bro home from afghan by the way,( yay) but already training for next tour

 

Anyhooo - Ta v much peeps! sweet dca-less dreams! x

[mysticpols06]

Another letter yest telling me if i don't take 'positive' action to settle balance with them immediately, acc will (either) be forwarded to external dca or legal action commenced if the acc "meets our litagation criteria" in the form of a ccj.

Mpols x

[mysticpols06]

Morning peeps - Hope all well. Latest note i sending them. Regards, Mpols x

ATTN: Lindsay Thomas

Dear Madam,

Re: − Account/Reference Number

Thank you for your recent letter dated, 8th June 2009 and previous versions in which you have continually requested that I contact you with payment on this account, whilst also continually threatening that your company would either pass this account to an ‘External Debt Collection Agent’ or “Commence legal action to recover this debt’, if the account meets your ‘Litigation criteria’.

I would like to point out that regardless of the fact that the correct paperwork has never been produced, this account was passed to you approximately 18months ago, at which point, and after being hounded by unnecessary phone calls and letters I agreed a repayment plan with you. I adhered to that payment plan even when your company did not adhere to the terms that IT had agreed itself and I also, willingly provided regularly updated copies of my financial statements and pro-rata payments so that your company had full knowledge of my families circumstances. I have never been rude to one of your staff or petulant in the way that I speak to them. I have never threatened any of your staff or assumed an air of authority which was not rightly mine and I have certainly not deceived any of your staff or taken advantage of the fact that they may not be in a position of knowledge concerning relevant matters. In short, madam, my behaviour has been completely as requested and expected which, in itself, was an utter contrast to that of your supposed ‘professional’ staff.

October 2008 and although I had adhered to the re-payment plan completely, with behaviour as described above – Your company decided their patience had run out so to speak and demanded the full outstanding balance of this account, which understandably I could not provide – therefore this account was ‘Terminated’.

I immediately sought professional advice and was informed of my rights. Reassured that I had, in fact, NOT committed some horrendous offence, rather, that I had been humiliated and bullied for the financial difficulties that I found myself in due to family circumstances; I began written communications with a view to ascertaining YOUR rights. It transpires, seemingly, that you have none in relation to this account. You have acted with the same reverence that belies any moral individual. I have not been a ‘won’t pay’, rather a ‘can’t pay more than I have’.

Now to draw your attention to the blaringly obvious:

This account remains in dispute, indeed the paperwork and appropriate documentation itself is in dispute.

Without a copy of the executed credit agreement, itself containing all the prescribed terms, any action on your behalf would be fruitless.

It may also be construed as harassment and your actions as vexatious.

It would also be deemed as an unfair business practice to attempt any form of enforcement regarding this account and accordingly may affect your ability to hold a consumer credit license.

Please note that to date you have not complied satisfactorily, with my initial request for a copy of the credit agreement for the debt which you are pursuing.

 

Your actions will now be reported to various bodies including but not limited to Trading standards, the OFT & my MP, as is my right to do so.

I am fully aware that the most response I can hope to receive is highly likely to consist of another templated impersonal letter, ignoring my comments above & threatening me with more ‘possible legal actions’ on your behalf, whilst simultaneously ‘urging’ me to contact one of your staff to arrange payment of this account – If I am considered lucky I may even receive another ‘one time only/valid for one month/30% off total balance reduction’!! In the current economic climate I, (and thousands of others) am in even less of a position to offer payment for an account to a company that can not –so far- prove they have the legal right to collect and, I do not own anything of any consequence that will have any bearing on your threat to ‘possibly instruct bailiffs’.

If you wish to see me in court with the illegible and inappropriate paperwork that you have thus far sent me copies of, as your defence, then I applaud your confidence whilst I despair at your eagerness to waste valuable resources and, I eagerly await your reply so that I too may prepare a suitable (and honest) defence. Madam, I do not dispute this debt and never have. I DO dispute the relevant documentation and manner in which your company has acted.

I repeatedly propose that this account be returned to the original lender so that they may bear suitable responsibility and insist that any further communication is in writing only.

Accordingly, I await your further comments.

 

Yours sincerely

 

[bazaar]

Very nice letter, had me smiling. Go get em. Oh and by the way, youre not under any obligation to pay anything you know that dont you?

[silverfox1961]

Hi Mpols,

 

"Madam, I do not dispute this debt and never have. I DO dispute the relevant documentation and manner in which your company has acted."

 

Apart from that bit, I think that is a bloody good letter. As they haven't provided sufficient proof of the debt, you do dispute it.

 

As I see it, if they did the ridiculous and took you to court, that is admission of a debt. I could be wrong of course (usually am )

 

If only you had the time, you could be a professional letter writer. Your use of the obvious to these muppets is second to none. Just a shame they won't understand it as you have used words of more than 2 syllables.

 

BTW This is my latest battle:

http://www.consumeractiongroup.co.uk/forum/citicards/202950-fox-citi-sar.html#post2209520

 

As Cabot have gone quiet, I decided to go to the horse and try and get an agreement.

 

I'll catch you later.

 

fox

xx

[mysticpols06]

Cheers peeps. I see what you mean fox. Might just edit that last little bit a tad then & get in the post. Am getting kinda wearly with it all ya know? Anyhooo - Sun is out today lovlies so chin up all

Laters! Mpols x

[mysticpols06]

If only you had the time, you could be a professional letter writer. Your use of the obvious to these muppets is second to none. Just a shame they won't understand it as you have used words of more than 2 syllables.

 

Ps - Thanks for the compliment

[mysticpols06]

Morning folks - Hope everyone is smiling! Just a quickie to say not had any contact yet since last letter (above).

Take care all,

Mpols x

[mysticpols06]

"If I am considered lucky I may even receive another ‘one time only/valid for one month/30% off total balance reduction’!! " (post #154)

Ok so maybe i am a little psychic - or else they really really are very predictable - Yep, reply to my latest letter simply states i can clear account for approx 5 ton less than the balance currently stands at. Lucky me.

Mpols x

[mysticpols06]

Yay another letter - i'm getting popular again! This one stating:

 

"We've previously advised you that if you didn't repay your outstanding debt to Cabot we'd take further action. Therefore unless we hear from you immediately we'll instruct one of our debt recovery agents to call on you to collect the debt".

 

Question please to anyone in the know who has been following my thread - Can they do that considering the situation so far? Also i'm assumming their threat is meaning a bailiff? Is not something i'm looking forward to the prospect of especially whilst kiddies are all off school for the summer and very poss likely to open any doors /answer phones etc at the mo. I thought i had to have received a ccj or something before they could send someone round or am i getting REALLY confused? and finally any advice as to the next type of letter that would be best to send them please. I have not complained to anyone re this account yet - I have re cabot and cap one (see other thread) & not heard anything since but not this one but am really beginning to get a tad peed off with them now so am thinking i really should. They were the first ones i cca'd because they suddenly 'terminated' the account and it was actually that which prompted me to find the special caggers that have been such a great help and support but they just don't give up! Any advice very gratefully received peeps.

 

Thankyou muchly!

 

Mpols x

Edited August 6, 2009 by mysticpols06
fairies playing in my keyboard :-)

[silverfox1961]

Hi Mpols,

You are right in your assumption in that they need a CCJ before a bailiff can call. If anyone else turns up you are well within your rights to tell em to eff off.

Send them the home visit letter if you haven't done so and keep a copy by the door:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/590-letter-used-when-a-dca-threatens-a-doorstep-visit-.html

 

Hope all else is good at the mo.

 

fox

[mysticpols06]

Hey fox - Thankyou hunny for your prompt reply - was just chasing that link now Thanks for confirming re ccj too - i know i haven't got one of those (yet??) so thats ok.

All else seems ok for now. Ditto!

Thanks again,

Mpolsx

[mysticpols06]

Ok have just done a quick edit of the template above - thanks for the help. Am gonna get it in the post tomorrow and also run off a few complaints as well. About time i reported them me thinks. Thanks again for your prompt advice fox, Mwah!

"Thankyou for your letter dated 4th August of which the content and breach of oft regulations are duly noted. Please be reminded that I will only communicate with you in writing.

Please be advised that should it be your intention to arrange a “doorstep call”, then as you are aware, under OFT rules, you can only visit me at my home if you make an appointment and I can state that I have no wish to make such an appointment with you.

 

As you should know, there is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384

. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and possibly harassment and action WILL be taken, including but not limited to, police attendance.

May I take this opportunity to again re-iterate the following:

This account remains in dispute, indeed the paperwork and appropriate documentation itself is in dispute.

Without a copy of the executed credit agreement, itself containing all the prescribed terms, any action on your behalf would be fruitless.

It may also be construed as harassment and your actions as vexatious.

It would also be deemed as an unfair business practice to attempt any form of enforcement regarding this account and accordingly may affect your ability to hold a consumer credit license.

Please note that to date you have not complied satisfactorily, with my initial request for a copy of the credit agreement for the debt which you are illegally pursuing.

Yours faithfully,"

Many thanks

Mpols x

 

 

 

[mysticpols06]

ps - Evening guest

[bazaar]

Also report them to FOS & ts whilst your at it.

[mysticpols06]

......And today our latest letter is a demand for payment in full from 'Fire' Financial investigations and Recoveries (europe) ltd.

"Failure to pay your debt will result in further recovery action. PAYMENT IN FULL IS REQUIRED IMMEDIATELY. You must now contact one of our agents on 0845 0700 381"

Envelope return address was ths same as cabot been using (handling centre, doncaster) so am i to assume these are inhouse or third party? Does anyone know please? Also any ideas on what to send them in reply other than the usual acc in dis letter?

Many many thanks, Mpols x

PS. Am complaining to the above as you advised Bazaar. Thanks for input hun!

[silverfox1961]

Hi Mpols, hope you're well

 

You are right in your assumption that FIRE are just another desk at Cabot

 

fox

[mysticpols06]

Morning all, Thanks Fox re above post - Another letter from Fire suggesting that we make a reasonable offer in full and final settlement of the account - either a one off payment or payment plan "provided contact is made with this office by 11 september 09".

Am drafting response this weekend to them will post when drafted for comments so can be sent tuesday hopefully. Complaints going tuesday as well to everyone of note.

Thanks for your support & Take care - Mpols x

[mysticpols06]

Morning everyone - re above post - pc playing up so have been held up this week - So, need to draft complaints to get sent tomoz & also A response to fire and Cabot (altho i realise they are pretty much the same) - Basically had letter from cabot stating:

" Cabot has previously responded to the issues you have raised and our position remains unchanged. I would with respect advise you that you have been misinformed in relation to the arguments you continue to raise and you have no grounds for your continued dispute and failure to repay your financial liabilities....

"As previously advised, The requirements of the consumer credit (agreement) regulations 1983/1553 concerning the form and content of the agreement are enforced by the primary legislation which is the consumer credit act 1974 ("cca"), more specifically section 60(1) which states: "The secretary of state 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 therefore our explanation as set out on previous occassions that the terms of the agreement can be set out in another document is legally accurate.....

"On reviewing your acc, it is evident from correspondence that you are delaying repayment of this acc. However it is the case that you signed and agreed to the terms of the credit agreement in order to receive and utilisethe credit card. It is also clear from statements which you have received previously that you have had the benefit of the funds available to you and you have failed to repay this, In addition you have previously made payments to cablt which again is clear evidence that you acknowledge responsilbility of the above account....

"Cabot will not enter in to any further correspondence with you regarding this matter as we have continually responded to the issues you have raised. Please be advised that your account has now been referred to our agent FIRE to pursue collection on our behalf...

Amanda Chivers".

 

Ok - They have referred to three of the six letters i sent em even tho i have a response to each one here. Can anyone please explain to us what they are on about re the secretary of state comment? its all foreign language to us - sorry. I can't seem to make em realise that in theory its not the debt we are disputing but the paperwork! We are not people who just dont bother to pay, we were actually paying an agreed amount to them without problems for a year until they just decided without warning "times up we are terminating your account" which is what (thankfully) prompted us to get online and found cag then they have as we know got crappy with us since then. It's really starting to pee us off - we cant afford to take em to court - but now we know about our rights etc we cant just pretend its all ok and go along with them to keep the peace. aarghhhh!!

(and breathe) ANyway, sorry for the rant just a tad frustrating at the mo. Any ideas please on a suitable response to these plus the above posts from FIRE that we have had? Also i will attempt to get complaints done today re these. Thanks soooo much for your time. Take care, Mpols x

[100mel]

subbing

[mysticpols06]

bumping for opinions/advice of letters etc to send. Many thanks Mpols x

[mysticpols06]

Good afternoon everyone - received today from 'FIRE' -

 

"Pre-visit notification No further notice or warning will be given. Your debt referred to us by cab, due to time debt been unpaid Immediate action now required. Contact them within 48hrs with full settlement or suitable repayment offer. If fail to respond then they instructed to continue with all available recovery methods which may result in either client (cab) commencing legal proceedings or doorstep agents calling upon you".

Fiona Reeves."

 

Advice or opinions please? This been going on so long now - surely if they knew the application they sent me & other docs etc were enforceable they woulda got me in court already? Am getting really peeved re threats etc now. Many many thanks as always, Take care, Mpols x

[silverfox1961]

Hi Mpols,

 

Not much you can do about the threat-o-grams apart from collect them for when the complaint goes in.

They would be daft to go to court so they are just hassling you to pay.

If you haven't done so, send the no home visit letter and keep a copy by the door just in case they do turn up.

I do recommend you thoroughly clean your doorstep though. You don't want them getting dirty hands do you

Hope you are otherwise well.

 

fox

[bazaar]

Mpols, you are quite right, if they had the correct documents then why not just give them to you and tell you to pay up. Simple answer is they dont, so they harrass you to pay . Send harrassment letter off straight away and report them.

[mysticpols06]

Hey Fox & Bazaar, How goes it? Thanks for comments gratefully received - Is there a copy of 'harrassment' letter floating d'ya know? Had an accident earlier this week & me brain is not working as it should so sorta need something i can pinch some phrases from if poss? Fox - sent the doorstep letter already to Cabot but then got their 'no further correspondence' letter in reply (post 170 above). I wanna SAR them but dunno whether to send to O'C, or cab & to be honest (as bad as it sounds) i truly can't spare the £10 fee for a while so dunno what else to do really cept try to keep ignoring them & see what happens. Have noticed on some other threads that cab are in process of trying to take some other peeps to court using the same kinda docs as they sent me - Ksara-sara i s'pose. Thanks again both. Mpols x

Ps. Evening guest!