CABOT chasing ex littlewoods barclaycard debt

[mysticpols06]

Morning peeps, blimey it's cold!! Anyway, quick update.

 

Latest letter from my friends stating: Although they have requesed the information, the original lender is experiencing a delay in retrieving the information from it's archives & that they will send the info to me as soon as they receive it. As a gesture of goodwill they will put my acc on hold until they receive further comms from the original lender.

 

Ok, next stage is for me to send Acc in dispute letter as far as im aware? Their 12+2 (working) days is up tomoz.

 

Take care all. x

[mr.ton]

Latest letter from my friends stating: Although they have requesed the information, the original lender is experiencing a delay in retrieving the information from it's archives & that they will send the info to me as soon as they receive it. As a gesture of goodwill they will put my acc on hold until they receive further comms from the original lender.

 

Standard DCA response...in other words they dont have hope in hell of obtaining it

[mysticpols06]

Thats kinda what i figured after seeing similar if not exact wording in other posts. Is it from cca default date that i stop offering payment? wasn't 100% sure.....

Mpols x

[mysticpols06]

Update: Acc in dispute letter sent this pm rec' delivery. Any advice as to what i do next please? Thanks as ever.

Mpols x

[silverfox1961]

Hi mpols,

Just sneaking under your razor wire.

You and I are basically in the same boat re: lowlifes and crapbot. We are both waiting for the merest hint of a CCA and secretly hoping they don't have one;)

here's my link to my Crapbot thread if you're interested

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165226-dare-i-mention-cabot.html

 

 

fox:-D

[mysticpols06]

Hi again fox - Ave already been following it!

We are both waiting for the merest hint of a CCA and secretly hoping they don't have one:wink:

You got that right! Time will tell!

[mysticpols06]

Evening peeps - update. Received the following from cabot as reply to acc in dis template & am hoping somebody could kindly advise me on the 'legal jargon' they have thrown in as to whether 1) they are right and 2) what it actually means. So soz for being dense but mu brain just doesn't seem to factor it all as it should some days - also soz if any bad typos but am inputting as scanner poorly doh! Here goes:

Our response to your correspondence

 

I refer to your letters dated xx/xx & xx/xx and our letters dated xx/xx and xx/xx.

 

I understand your letter relates to a request you have made for a copy of your agreement with Barclaycard Littlewoods ("BL"), the original lender.

 

The cabot financial group purchased your debt from BL on xx/xx/07.

 

In your letter dated xx/xx, you state that you are entitled under sections 77-78 of the cca'74 to a copy of the credit agreement that you signed with BL. Although Cabot does not have an obligation under section 77 and/or 78 to supply this info, cabot will assist the original lender and customers in providing this info.

 

We have made several urgent requests to BL to forward any documentation relating to your acc to us. Unfortunately cabot has not received documentation due to a delay in retrieving this info from their archives. We shall however cont to pursue this info and on receipt of it will fwd to you accordingly.

 

Please be advised that the failure to providea copy of your agreement in time does not affect the lagality of your debt with cabot but merely renders the credit agreement unenforceable until suce time the agreemetn can be produced. As aforementioned, cabot does not have a duty to provide this info and therefore s78 does not apply to us. As a gesture of goodwill, cabot has and shall cease any collection activity until such time the agreement is supplied to you.

 

With regards to your subject notice under ssection 10 of the dpa '88, s10 (1) of the dpa states:

 

"subject to sub-section (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of suce period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground, for specified reason -

(a) the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and

(b) that damage or distress is or would be unwarranted."

 

Section 10(2) of the dpa states:

 

"subsection (1) does not apply

(a) in a case where any of the conditions in paragraphs 1 to 4 of schedule 2 is met, or

(b) in such other cases as may be prescribed by the secretary of state by order."

 

refer your attn to para 1 to 4 of schedule 2 of the dpa which states:

 

conditions relevant for purposes of the first principle: processing of any personal data

1. The data subject has given his consent to the processing.

2. The processing is nec'

a. For the performance of a contract to which the data subject is a party, or

b. For the taking of steps at the request of the data subject with a view to entering into a contract

3. The processing is nec' for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract.

4. The processing in order to protect the vital interests of the data subject."

 

You shall note that section 10(2)(a) of the dpa the words "any of the conds" and para 1 & 2 of schedule 2 of the dpa are entirely relevant to your case. As you signed a credit agreement which has been assigned to cabot of which the terms we are entitled to enforce, section 10(1) of the dpa does not apply to your circumstances.

 

I trust i have set out our position clearly.

 

If you have any other queries in relation to the above acc blah blah

 

Yours sincerely,

Steve Perring (customer assurance adviser)"

 

comments gratefully received many thanks as always

Mpols x

ps They stated the date of my letter to them wrong too!

[silverfox1961]

HUH!

I've been waiting for a letter like that for ages but NOOO they won't send me one. Hopefully it'll turn up soon (mind you it's only been 35 days so far)

As to your letter. Round one to you:-D

Keep that letter safe for the next bunch of muppets who try to get some pennies out of you as Crapbot will no doubt try and sell it on.

The other bits got me confused. I think they're saying that as you were paying there is a link between you and the agreement therefore they can do what they want to your credit file. You could always try using the data protection act but I don't know how.

Still it's good news for now:-D

When you said you had news earlier on your NDR thread, I kept coming back on every 20 minutes or so. I was getting quite perterbed that you hadn't posted but the wait was well worth it:-D

 

fox

[mysticpols06]

ha ha - soz to keep you waiting - took me ages to type it up cos our scanner poorly at the mo doh! Plus youngest at that wonderful stage where they refuse to go down demanding all sorts of requests & throwing out all sorts of excuses (kinda sounds like your average dca actually eh? bit of an insult to my 3 yr old tho ha ha:D)

2nd part of letter seemes to confuse me too - hopefully somebody with bit more experience than me will take a much appreciated look for us! It has been quite quick really - can't believe you waiting so long! I cca'd them 3/11 & then acc in dis them 25/11 to get this reply today! Dunno if the prompt response is gd thing or bad? Mind you, Hubby cca'd them for his goldfish (morgan stanley) acc with them on 7th & still nothing yet other than the usual (they requesting from o'c).

Hmmmmm

Mpols x

[silverfox1961]

I've just read the data protection stuff again and they are saying that they have the right to process your data because you signed a credit agreement.

 

Okay then PROVE IT. Let them show a valid credit agreement and then you will have no complaint to them processing data but there was something else i saw. at the beginning it does state that you can write and ask them to stop data processing.

 

With no valid CCA, they cannot process data as they don't have permission.

 

MY head hurts:confused:

 

 

fox

[mysticpols06]

welcome to my world - i live in a permenant state of head hurting so it seems - dunno if thats to do with the current situ or just the 3 sprogs that like to keep me on me toes ha ha:)

What you read is kinda what i thought - think i will try and find a letter or devise one tomoz if get the chance with a counter to what they stated at the end of their letter with regards to my data - afterall, whats the point in sending acc in dis letter staing they have to stop processing our data & remove it from files etc if they reckon not - failing that, mayb it's time for me to complain to some1 officially? not sure.....Have u done that yet?

 

Mpols x

[silverfox1961]

Hi Mpols,

sorry I didn't reply last night. Been a little off of late.

No i have not complained to anyone-YET. On my lowells thread, Iwas advised to complain about the red letter i got but I don't know what to complain about.

With cabot, I've sent the A/C in dispute letter but they've not responded yet.

As you know the general consesus is to let sleeping dogs lie and not tell the DCA what they should already know but i felt that I should tell them anyway.

I haven't yet gone for my credit file as there is some older debts that ain't statute barred yet so I don't want to alert anyone that I'm looking.

I've been thinking of sending an SAR to Citi as there is at least 2 years worth of charges on my case which I could reclaim.

I'll probably do that in the new year. Got to get christmas out of the way first.

 

fox:roll:

[mysticpols06]

Morning peeps (& what a beautiful morning it is too! Lully sussie sunshine is out where we are for the 1st time this wk! Makes u feel so much better eh!), Anyway, quick update - Letter from cabot (seems like standard template) states:

"We recently wrote to you informing you that the original lender is experiencing a delay in obtaining info from their archives. Although 24 days has passed since your request, we hope to be able to send the info to you shortly. We shall remind the o'c that your info remains outstanding & should be processed as matter of urgency.

We apologise for any inconvenience you may have experienced as a result of this delay.

The acc shall remain on hold until further notice.

E Robertson."

 

Hubby got one zackly the same the day after!

Thanks as always,

Mpols x

[nuthatch]

Mpols your letter is just the same as one I received. They keep churning them out then they get confused and send letters saying I have not paid the agreed amount and slapping more charges on even after telling me the account is on hold.

Absolutely crazy...they are all in La-La Land.

[mysticpols06]

Hi peeps - Just an update to say received another bog standard reply today stating that they still can't provide agreement due to still not receiving it from O/C (littlewoods cr/card) so they are keeping acc on hold until further notice!

Hope all are well & getting excited for xmas!

Mpols x

[silverfox1961]

Hi Mpols, Got your Pm

 

It all seems to have gone quiet on the crapbot front doesn't it.

The last letter I got was 16 days ago and I'm bored now

The thing is, I don't stress out about any of my debts anymore so I'll be having a debt stress free Christmas.

 

Hope the day went well

take care

 

fox x

[mysticpols06]

Hi peeps is Crimbo eve 7 still nowt from my old fwends cept another standard template to say acc still on hold & they still waiting for O/C.

What the hell was the point in all the worry & stress & upset & illness & frustration & anger & fear.........

& "five goooooold rings"..... yeah u get me drift!

Am so enlightened since joining this fab brill amazing community & so grateful too - Bring it on i say - The barstewards will not scare me again - in fact i would welcome the adrenaline rush from knowing that i can hold my head up against em - I have not been a wont pay i have been a cant pay & have always maintained comms with the lot of em - Now i know they in the wrong & am looking fwd to seeing the consequences of their actions

Have a brill few days everyone & happy new year! Mpols x

[mysticpols06]

Ello guys & gals - bit nippy eh! Important Update:

 

Had a wad of paperwork through from my pals today - Will try to get scanner working so can post it up this eve as really really needing some1 with a bit more savvy to give their opinion if at all poss please. They state that they have enclosed :*cr agreement, statement(s) of acc, terms & conds, Notice of ass, & intro letter.

 

*Initially i thought this was enforceable as has my details & sig on but the copy is really badly blotched etc & the writing so small & then when i looked again, it seemed more like an application form :-| - plus i'm not quite 100% sure on the dates etc (Will get orig p'work down to check), Anyways, Like i say will defo try & scan tonight & if unsuccessful with scanner (keeps getting poorly doh) will ask hubby to do at work tomoz, lol.

 

Ok, First page of wad was covering letter as follows (pls excuse typos - dunno if is just another template?

 

"Further to your request for info under ccact, we pleased to enclose all relevant info.

Cabot & the O/lender have now completed the relevant obligations under the ccact. As a result, cabot is entitled to resume collections of the outstanding balance of £xxxx.xx.

In the event that you wish to claify or query anything relating to the enclosed info, contact blah blah.

If you are querying any part of the info provided by cabot, which you have not yet been able to clarify with us, we recommend that you seek legal advice.

E robertson."

 

Next was very bad copy of (apparently) agreement, as mentioned above,

 

Next were 3 seperate photocopied sheets of barclaycard conditions (again

writing so so small - need a magnify glass to read properly - & i have perfect 20/20 vision lol),

 

Next are the first 2 (copy)statements from when the acc 1st opened, plus three from 2007,

 

Next comes a "representation of letter dated xx/xx/07" (written in pencil at top of sheet) of 'Barclaycard assignment of debt' etc,

 

Next is another "representation dated blah blah" (again in pencil at top of page), of the Templated welcome to cabot. (None of my particulars are on it of course)

 

Then a d/debit form,

 

And lastly a printout of payments/int' charged since cabot had acc. (at least printout is easier to see even if is harder to make sense of doh!).

 

Ok, Hoping that has made at least SOME sense to a few of you who may be able to help - very soz if rambles a tad - like i say, i will upload actual copy of 'agreement' asap.

 

Many many thanks as always,

Mpols x

Edited January 7, 2009 by mysticpols06

[silverfox1961]

Hi mpols.

I won't wait with bated breath, i'd suffocate!

Looking forward to waht you post later. I really hope it's a load of rubbish but already i think if the CCA is illegible, that's grounds enough to make it unenforcable.

I've still heard nothing from them.

 

fox

[mysticpols06]

Hi again - evenin all, Bloomin scanner not up to the job doh, double doh - So hubby gonna sneak copies into work tomoz & try to upload them from there - I just would really appreciate some1 saying yay or nay as to whether they think its enforceable or not. Anyways, Sleep well. Mpolsx

[silverfox1961]

NOOOOOO!!!

I've been waiting all night for that. I've got a square ar*e now

Never mind, I can wait.

Take care.

 

fox

[mysticpols06]

Soz hunny - i just have a pounding head from trying to sort soddin scanner & questioning meself as to whether or not this is actually what i asked for doh! I s'pose i could type up a description of the boxes included on the form if any1 in the know asks, just until can upload it. Will see if Hubby has any luck with it in the morn. grrrrrrr!

[mysticpols06]

 

Just realised is prob too small soz - will try again (am new to the whole uploading bit lol) Mpols x

[silverfox1961]

too small:evil:

 

by the way, morning

[mysticpols06]

ha ha - Are u going all incredible hulk on me fox? "Don't make me angry - You won't like me when i'm angry" ha ha - Am trying to make bigger bear with me hun x