CABOT chasing ex littlewoods barclaycard debt

[silverfox1961]

Morning Mpols,

 

That post struck me that you may be slightly afraid of the unknown.

I've read so many threads now where a poster has been to court and won but also some where they have lost and the judge only made them pay what could be comfortably afforded.

Cabot would be very silly to take you to court with that application form. I think it's logical to think that because Cabot have sent you an application form, they don't have a valid agreement. Surely, if they had one, they'd send it??? It may be rocket science to them but simple logic to us.

 

While you offer them £1 a month, they are going to keep harassing you to pay more.

At the end of the day, it's midnight () No, it's your decision whichever way you go. If you decided to pay the £1 a month, you will get peeps saying don't but not from me. I believe in supporting anyone's decision whether it be good or bad.

 

 

fox

ps I'm glad I read your pm first as I would have thought you'd lost the plot :D

[rory32]

Mpols - something for you to read http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/115280-useful-information.html

 

This is what happened when Cabot supplied application forms for two accounts and the OP took Cabot to court. I doubt after this Cabot will be over eager to take people to court when only an application form can be provided.

[mysticpols06]

Hey peeps i'm back - soz kinda went a bit awol for the last few days or so - Lonnnng story (zzzzzz), but anyways, Hope everyone is well & keeping warm - Have had long think as well and taken advice above seriously and have come up with this to send em (is kinda based (loosely) on the letter you helped me with before Rory on a diff thread. Any thoughts/comments would be very gratefully appreciated. Many thanks as always & take care,

Mpols x

ATTN: Steve Perring

Dear Sir,

Re:− Account/Reference Number

Thank you for your recent letter dated, xx January 2009, in which you have again, enclosed a copy of the pre-contractual application form relating to this account, in place of a properly executed agreement as requested by myself in my letter dated, xxth October 2008.

As you are aware this document does not contain all the prescribed terms necessary to conform with the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553).

Frankly, I am insulted that you felt it prudent to simply send me a standard templated response which did not address all the points of my complaint.

There are a number of discrepancies within the paperwork that you forwarded to me dated xxth January 2009, which have formed the basis of my complaint that you clearly feel it is unnecessary to address, as requested. This is unacceptable and as a representative of your company, presumably is a shortfall, either in your courtesy or understanding.

 

As you will be aware an unexecuted copy of the agreement is completely unenforceable on the alleged debtor. Furthermore, as the OFT have stated, the copy of the agreement must be a true copy and not simply conjecture. Without an executed copy of the agreement I feel that your company would have great difficulty in demonstrating that the copy supplied is indeed a true copy of the correct documentation required.

This account remains in dispute, indeed the paperwork and appropriate documentation itself is in dispute. You have admitted that it was “necessary for the information to be retrieved from the original lenders archives” – This information should have been passed to you when the account supposedly was and would therefore have been readily available when requested, again a shortfall.

I refuse to constantly quote legal statute in my correspondence when to be perfectly honest, a company as vast and widely reputed as yours should be well aware of any legalities on ‘both sides’. I would however like to assure you that I take my responsibilities quite seriously in this matter and have given it much consideration.

After receiving independent legal advice and in light of the continued unenforceability of this account due to the disputable documentation, I must insist that: All interest /charges that have been added to the alleged debt since apparently being assigned to your company – xxxxxx 2007- be removed forthwith and further charges/interest cease to be added whilst all collection activities by your company are to stop with immediate effect. In addition, I propose that the account be returned to the original lender.

If you check your records as I have mine, you will note that in my trusting naivety I telephoned your customer services department – the number at the time being: 0845 073 0727 and spoke to an ‘advisor’ named Tracey on xxxx 2007, at approx 12.45pm to arrange a repayment schedule due to the supposed ‘notice of assignment’ that I had received from you dated xxxx 2007. I was advised to “ignore the default notice” due to be sent the following month as I was now on a “repayment plan & it is too late to stop the automated notice” and I was assured that as such all interest will be held whilst sticking to the plan”. I was also told that the “Interest would be frozen from the following month”. Of course it wasn’t and, regardless of subsequent letters requesting that it be so, your company has refused to do so against your original assurance. This means that regardless of my constant efforts, this alleged debt has increased as opposed to decreased, yet another shortfall and definite breach of oft guidelines.

I would strongly suggest that you accept my proposal, indeed I would suggest that you are not in a position to do otherwise.

 

While you may feel you are entitled to issue proceedings for the recovery of the balance claimed as outstanding on this account, I would point out that 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. Consequently any attempt at enforcement of the account would be reported accordingly. 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.

 

This notwithstanding, I would hope that the foregoing will not be necessary and that we will be able to resolve this matter amicably.

 

I must insist that any further communication is in writing only.

 

Accordingly, I await your further comments.

 

Yours sincerely

 

[silverfox1961]

Hey peeps i'm back - soz kinda went a bit awol for the last few days or so - Lonnnng story (zzzzzz), but anyways, Hope everyone is well & keeping warm - Have had long think as well and taken advice above seriously and have come up with this to send em (is kinda based (loosely) on the letter you helped me with before Rory on a diff thread. Any thoughts/comments would be very gratefully appreciated. Many thanks as always & take care,

Mpols x

 

ATTN: Steve Perring

 

Dear Sir,

Re:− Account/Reference Number

 

Thank you for your recent letter dated, xx January 2009, in which you have again, enclosed a copy of the pre-contractual application form relating to this account, in place of a properly executed agreement as requested by myself in my letter dated, xxth October 2008.

As you are aware this document does not contain all the prescribed terms necessary to conform with the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553).

 

Frankly, I am insulted that you felt it prudent to simply send me a standard templated response which did not address all the points of my complaint.

 

There are a number of discrepancies within the paperwork that you forwarded to me dated xxth January 2009, which have formed the basis of my complaint that you clearly feel it is unnecessary to address, as requested. This is unacceptable and as a representative of your company, presumably is a shortfall, either in your courtesy or understanding. You tell em!

 

As you will be aware an unexecuted copy of the agreement is completely unenforceable on the alleged debtor. Furthermore, as the OFT have stated, the copy of the agreement must be a true copy and not simply conjecture. Without an executed copy of the agreement I feel that your company would have great difficulty in demonstrating that the copy supplied is indeed a true copy of the correct documentation required.

 

This account remains in dispute, indeed the paperwork and appropriate documentation itself is in dispute. You have admitted that it was “necessary for the information to be retrieved from the original lenders archives” – This information should have been passed to you when the account supposedly was and would therefore have been readily available when requested, again a shortfall.

 

I refuse to constantly quote legal statute in my correspondence when to be perfectly honest, a company as vast and widely reputed as yours should be well aware of any legalities on ‘both sides’. I would however like to assure you that I take my responsibilities quite seriously in this matter and have given it much consideration.

After receiving independent legal advice and in light of the continued unenforceability of this account due to the disputable documentation, I must insist that: All interest /charges that have been added to the alleged debt since apparently being assigned to your company – xxxxxx 2007- be removed forthwith and further charges/interest cease to be added whilst all collection activities by your company are to stop with immediate effect. In addition, I propose that the account be returned to the original lender.

 

If you check your records as I have mine, you will note that in my trusting naivety I telephoned your customer services department – the number at the time being: 0845 073 0727 and spoke to an ‘advisor’ named Tracey on xxxx 2007, at approx 12.45pm to arrange a repayment schedule due to the supposed ‘notice of assignment’ that I had received from you dated xxxx 2007. I was advised to “ignore the default notice” due to be sent the following month as I was now on a “repayment plan & it is too late to stop the automated notice” and I was assured that as such all interest will be held whilst sticking to the plan”. I was also told that the “Interest would be frozen from the following month”. Of course it wasn’t and, regardless of subsequent letters requesting that it be so, your company has refused to do so against your original assurance. This means that regardless of my constant efforts, this alleged debt has increased as opposed to decreased, yet another shortfall and definite breach of oft guidelines.

I would strongly suggest that you accept my proposal, indeed I would suggest that you are not in a position to do otherwise.

 

While you may feel you are entitled to issue proceedings for the recovery of the balance claimed as outstanding on this account, I would point out that 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. Consequently any attempt at enforcement of the account would be reported accordingly. 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.

 

This notwithstanding, I would hope that the foregoing will not be necessary and that we will be able to resolve this matter amicably.

 

I must insist that any further communication is in writing only.

 

Accordingly, I await your further comments.

 

Yours sincerely

 

 

I do like your way with words mpols Lets hope they see sense this time

Take care

 

fox

[mysticpols06]

Cheers fox - Fingers xed xx

[mysticpols06]

Am going to send complaints letter similar to one in my other cabot thread (obviously edit some details) but should be ok i think ( i hope) lol x

[mysticpols06]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172388-cap-one-no-agreement-2.html

[thrubolt]

Hi guys,

Can anyone help with this. I CCA'd my matescredit card co. and enclosed the statutory £1-00 postal order, they sent him his Jan statement and guess what, they used the postal order as a payment towards his balance and it clearly shows this on statement, but they sent his signed application form - anyone tell me if they have commited an offence by doing this.

[mysticpols06]

Good afternoon old friends - has been a while - I hope everyone well!

Has been very quiet on the cabot front for few months other than the usual pay us letters until today. Have just received a template letter stating "Your acc has been escaleted to our pre litagation department" from a 'Lindsay Thomas', telling me to contact them (surprise - not) or have the poss of facing a warrant of execution, a charging order, an attachment of earnings order, an order to obtain information or another dca calling. Does this mean they are getting serious at last or is it just another threat do you think?

Any advice gratefully received re an appropriate response that i can get off to them (pref better than the few worded one consisting of 4 letter words that i have already concocted )

Many thanks & take care,

Mpols x

[silverfox1961]

What in Gods name is a Pre-litigation department. Either they litigate or they don't. There can't be a pre department. On the other hand, the pre-litigation department could very well be the normal threat monkey department:D

What about a post-litigation department. basically they are trying it on again.

 

it's just a normal threatogram. Be afraid,be very afraid-NOT:)

[bazaar]

Its just a threat, but also harassment, have you sent out the harassment letter? If not, get to it:),.

Maybe the pre-lit dept is next to the premature ejac dept.

[pmhcfc]

I just recently had the exact same letter - ignored until they send me something better than an application form... 2yrs 6 months and counting ;-)

[bigandyuk1]

Its been well in excess of a year since Crapbot sent me any greetings threat-o-grams.

 

Regards

Bigandy

[jdene]

Hi all I have been having a war of words with cabot for a while now and reported them to the IOC for puting defaults on my file, recieved response from IOC apparently they can do what they like even though they have no agreement whatsoever even an application form, but there are a few interesting comments on the letter that may be of help to others if someone could tell me how to upload the letter here.

Regards

jdene

[Duffers Mum]

I really do think its pointless reporting any of these idiots...because the so called people who are supposed to oversee things and keep them order always come out on the side of the DCA, its infuriating.

 

I received nothing at all from Cabot except letters asking me to send them money, I sent a CCA, they couldn't send me anything back because apparently Goldfish advised them they didn't have anything to send..shame! However that did not stop Cabot from updating my credit file for a few months, they have stopped doing that now which makes me suspsect the account has been handed back to Goldfish, who are now sadly owned by Barclaycard so I sense another battle looming shortly.

 

I don't know how to upload things on here, but I'm sure somebody knowledgable will pop along shortly to assist.

 

Good luck

[cmad69]

Hi Guys!

 

If you get the time, have a read of my thread, "Ruthbridge Are At It Again!"...............Strangely enough, all roads seem to lead to Cabot!!

RUTHBRIDGE LTD. CCA REQUEST SENT. (NO REPLY SINCE 2007)

MCKENZIE HALL/MERITFORCE. CCA REQUEST SENT. (NO REPLY SINCE JAN 2009)

CABOT. CCA REQUEST SENT. "DEBT" DEEMED IRRECOVERABLE. STATUTE BARRED LETTER SENT.

[Murphy69]

This is worth reading up on when composing defences:-

 

Mishcon de Reya, Solicitors, London : News and Events : Articles : Judgment: Basil Rankine vs American Express Services Europe Limited

 

How important is it for the DCA to have a copy of the default letter? I hace a cabot case and in the sar I read that they cannot obtain a copy of the original default from rbs as the files have been closed and rbs cant find one. Would this have any bearing in a court case or would it hinder enforceability? Am confused on this one as to the importance of this default notice. Any ideas Rory32

Edited June 3, 2009 by Murphy69
additional questions re default notice

[silverfox1961]

Hi all I have been having a war of words with cabot for a while now and reported them to the IOC for puting defaults on my file, recieved response from IOC apparently they can do what they like even though they have no agreement whatsoever even an application form, but there are a few interesting comments on the letter that may be of help to others if someone could tell me how to upload the letter here.

Regards

jdene

 

 

It seems tricky at first, but is fairly simple really.

 

1, Scan your DCA letter/whatever you want to show on the forum.

Ideal setting is 100dpi as it's closest to computer monitor display resolution.

 

2, Save the scanned image as a jpeg

Step 2.5 Edit out any personal information, barcodes or any other comments, notes or markings around the edge of the document. Never change the original document you received

2.5, Load the saved image into MS Paint. (comes free with Windows.) Use the pain brush or spray can to remove/paint over any personal info, such as name, account number, address, etc. Also remove any barcodes, as some DCAs may be able to identify you from these.

 

3, Create an account on Photobucket.

 

4, Once you have a Photobucket account, you'll find on the main webpage little box where you can upload photos. Click the "upload image" box and then tell it where on your hard disk you saved your scanned jpeg. It will then upload the image to Photobucket and it will show you thumbnails of the images you have uploaded. Under each image there are links that you can copy and paste.

 

5, Copy the IMG link below the image you want to put on the forum. Then reply to thread on CAG. Right click with the mouse and select "paste" from the little menu that pops up.

 

6, You'll then get some text appear in your message that looks a bit like this.

 

 

When you submit the reply, the text will change into the image you uploaded onto photobucket. The text you copied and pasted is just the information the forum needs, so it knows where to find your photo and display it in your message.

 

 

Courtesy of Fuzzybobble

------------------------------------------------

 

 

it's easy, really

 

 

fox

[jdene]

Thanks Fox ill give that a try now

jdene

[jdene]

hey worked it out below is the three page letter I recieved from the ICO following my cmplaint about Cabot using my information without permission hope there is something of use in there for someone but im quite stumped now with how to respond.

 

http://i655.photobucket.com/albums/uu271/jdene/cabot1.jpg

http://i655.photobucket.com/albums/uu271/jdene/cabot2.jpg

http://i655.photobucket.com/albums/uu271/jdene/cabot3.jpg

[mejules7]

Hello All,

 

Very interesting reading - my other half had an agreement with online finance that he defaulted on but we then came to an agreement with them to pay back o/s monies.

Nov 08 we received a letter from Cabot stating they had now brought the debt, fair enough we stopped the standing order to online and set up another to Cabot. The default registered on o/h file from online was registered as satisfied in Dec 08. I have just been on his file this morning because had an email stating updates on file. On checking i discovered that Cabot without warning or notice had not only opened a file they have also registered it as defaulted! Livid I called them stating surely as one default for this debt was already registered they are not allowed to register another, to start with Russel stated that yes they could as when they brought the debt they brought our signed credit application?? I argued and had a slight hissy fit stating that no that wasn't the case.....my question if anybody could help is 'can they legally do what they have done??'

I would be very grateful for any response on this.

mejules:)

[mysticpols06]

Hi all - Am considering sending them a note, reminding them that they never fulfilled my original request and that the acc is in default. Am not sure, but something Fox mentioned earlier ( a while back or mayb on one of his threads?) about needing any noa recorded or something like that has come to mind as well - Am not really sure where this is headed because im not actually disputing that i owe the money - rather that until they provide the requested info or return to the oc that they do not have the right to collect it! Hmmm! Opinions gratefully received - Mpols x

[jdene]

Hi Mejules if you take a look at the links in post 146 the rsponse letter that I recieved from IOC it would appear that they can do what they like when I spoke to the IOC initially they said they had to have my written consent to use my data but they will always twist the rules to suit the DCA's when it comes to the crunch they simply refuse to believe that they would act inapropriately. I am trying to work out my next best move as there is no one willing to drag these companies on to the straight and narrow.

Regards

jdene

[silverfox1961]

i Am not sure, but something Fox mentioned earlier ( a while back or mayb on one of his threads?) about needing any noa recorded or something like that has come to mind as well Mpols x

 

 

Hiya Mpols.

What you're thinking of is the Law of Property Act 1925 s196(4)

This states that all Notices of Assignment are to be sent by registered post (if not hand delivered) Todays equivalent is recorded delivery.

How else can they prove you got an NOA.

 

fox

[mejules7]

Hi

 

Just (well bout half hour ago) got off the phone from credit expert who were very helpful (for a change) They are now contacting both online finance and cabot - one of the defaults shall be removed and the default date will be as it was. I have to give them 21 days to sort but he assured me that it shall be done. I also contacted on line finance who were also very helpful and stated that when contacted by credit expert they shall remove the default they have on the file. Asked for it in writing and received it via email within minutes - its on proper letter headed paper and signed. Maybe getting somewhere at last! (wont hold my breath though..just in case!!)

Thanks for advice.

mejules:)