Cabot Cowboys - Help needed

[Helpmeoutplease]

Hi I need some help on the best way to handle cabot.

I Originally owned a Morgan and Stanley card that I applied for in 2003, in 2005 I found my financial situation changed and I could no longer afford the repayments so I agreed a reduced payment £20 per month and fixed interest. Cabot acquired this account last summer and has been a real pain ever since. I’ve never managed to get a fully agreed repayment plan in place with them and then I found out yesterday that they have been adding interest to the account ever since they got it turning my £5200 debt into £6500, I have been making payments to them each month.

Not to sure how to handle Cabot anyone got any experience?

Should I send a CCA request?

Any other ideas?

[babybear39]

Hi Helpmeoutplease,

 

What is the debt for as some debts aren't covered by the CCA?

[havinastella]

I'd say it was for a Morgan Stanley card

 

Yes, send the CCA. I would also request a full statement of the account.

 

JOgs

[babybear39]

Oops, I should read posts properly...

 

Yes, CCA cabot ASAP. Send recorded and keep a copy with your postal receipt. Do not sign the letter.

 

You need letter N from here:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

[mr.ton]

Its very easy how to handle them.

You stop all payments immediately, tell them to get lost & demand that they take you to a county court.

They wont coz it will cost them money to do so.

Expect threatograms if you do...but they are not worth the paper they printed on.

They have no legal power/authority over you whatsoever.

If they ever did go to court..they'd be lucky to get £1 per month back after all outgoings are taken into account.

[Helpmeoutplease]

Thanks for all the help.

As I thought I will send the CCA request off and let you know how I get on.

Does anyone know of anything negative that could happen by requesting a CCA, well apart from the fact they might produce a valid one?

Edited January 19, 2009 by Helpmeoutplease

[silverfox1961]

Hi,

I applied for a copy of my agreement from crapbot last october. I'm still waiting. These cowboys are very hard to get rid of.

No CCA, no money. Pure and simple.

Your credit rating is stuffed so they can't do much worse to it.

They could try and take you to court but if they don't have a valid agreement, it would fail.

They could sell the debt on to another DCA but you can deal with that quite easily should the need arise.

Even if they do have a valid CCA, you are still in control. YOU tell them how much you're going to pay, not them telling you. They will badger you to make bigger and bigger payments but you don't have to.

Worst case scenario, they take you to court, get a judgement against you.

The judge will tell you how much to pay after you have told the court your income/expenditure and the DCA can do nothing about it even if the judge says £1 a month.

 

hope that helps

 

fox

[Helpmeoutplease]

Its been a while but as we all know Cabot are not the fastest at getting stuff done especially when they are charging interest!!

I sent the CCA request off back in January and got the standard replies back from Cabot, they are looking for the agreement etc etc…..

Then as if by magic I got a big thick envelope through the door.. oh dear!!

It does contain the letter of agreement I originally signed it also shows various personal details about myself, work, salary, bank details.

I can’t see any other information as its just so unreadable, I’m not sure if the terms and conditions are on their as I can’t read it. If they are they only take up less than a ¼ of one side ofA4.

I also received what they call ‘Notice of assignment’ this has wrote in pencil across the top ‘representation of letter sent’ it’s dated June 09 and is from Barclays and I’m 100% sure I never seen an original letter like this.

Could anyone help or advise me on what to do about the letter of assignment and the unreadable alleged credit agreement?

What letters could I send these cowboys?

And how do I get to find out if they have a default notice?

[kurvaface]

can you post up the docs minus your personal info?

[sticky29]

HI Helpmeoutplease

My story sounds exactly like yours, as Kurvaface says try and post your docs up here so you can get beter advised. Did you get back dated statements? If not then I think you should request in writing a full account history as it may turn up some surprising goings on like mine did.http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/187500-me-cabot-can-anyone-3.html have a look and your see what i mean. Have subbed your thread with interest.

Edited July 7, 2009 by sticky29
amended

[Helpmeoutplease]

Hi Sticky,

yes they did send me a full account history although I havent had a good look thorugh that yet.

[diddydicky]

Thanks for all the help.

As I thought I will send the CCA request off and let you know how I get on.

Does anyone know of anything negative that could happen by requesting a CCA, well apart from the fact they might produce a valid one?

 

nothing negative whatsoever

 

when you get the response remove the personal details and post it up for us to see

[veryweary]

Sounds like you got something similiar to what they sent me. A microfiche copy with print so small you can't read it. Write back and tell them they haven't complied with your request because the document is illegible referring them to .

 

Courtesy of 42Man

 

Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 (SI 1983/1557)

 

2. Legilbility of notices and copy documents and wording of prescribed terms

(1) the lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer, surety under any provision of the Act shall, apart from any signature be easily legible and of a colour which is readily

distinguishable from the

[Helpmeoutplease]

Hi fellow helpers,

I have uploaded the cca and the letter of assignment.

 

Please have a look and advise.

 

http://i681.photobucket.com/albums/vv174/gazzasaki/assignment1.jpg

 

http://i681.photobucket.com/albums/vv174/gazzasaki/creditagrrement1.jpg

 

http://i681.photobucket.com/albums/vv174/gazzasaki/assignment2.jpg

[havinastella]

Now firstly you have a date of assignment.

 

This could be really really helpful, esp if Cabot have been messing with your credit record before this date

 

Also, the CCA is unreadable, so does not comply with legalisation.

 

Add to that the fact it has NO prescribed terms, you win win win.

 

Jogs

[havinastella]

Actually, CABOT claimed they brought your debt a FULL YEAR before Barclaycard sold it.

 

OH dear, OH dear, Oh dear

 

JOgs

[cerberusalert]

Besides it being unreadable it doesn't seem to contain the prescribed terms either. Can you see; credit limit, repayment terms, %APR etc.?

[kurvaface]

Man I need my superman glasses to read that CCA

[havinastella]

Man I need my superman glasses to read that CCA

 

I did NOT see a CCA, just an application form

 

JOgs

[Helpmeoutplease]

That’s good to know, I thought it looked dodgy

Can anyone recommend a letter or approach to how to reply to cabot? They have given me 12 days to reply.

[diddydicky]

Thank you for your letter of XXXXX and enclosures

 

Notwithstanding that the information enclosed is not legible, let alone clearly legible as required under the provisions of the cancellations notices and copies of documents regulations 1983 regulation 2)

This information therefore does not comply .with your obligations under sect 78

 

From what can be ascertained it seems that no where on the application form- which you confirm is the actual credit agreement, are there any terms and conditions let alone prescribed terms (as in the 4 corners of the document)

 

My position remains that you are in default having failed to comply fully with section 78 of the consumer credit act 1974

 

Yours sincerely

[cymruambyth]

As you'll notice from other threads, it doesn't matter what you say to Cabot, they will ignore you, try to baffle you with b******t and send nothing of any value

[Poolio]

In my last letter to Cabot I referred to the absence of 'prescribed terms' in the document they sent me and I received a response saying the 'terms and conditions' were enclosed!

[NailPost]

You cold quite safely ignore Cabot as the next move is up to them. If they try to take legal action you would present what they have provided to the judge with an application to strike the whole thing out. Cabot won't take you to court however because they know the paperwork they have is a load of bull. What they will do is try and bully and harry you into paying them something. Stand your ground, ask for their complaints procedure, complain to all and sundry.

[herbie171]

You cold quite safely ignore Cabot as the next move is up to them. If they try to take legal action you would present what they have provided to the judge with an application to strike the whole thing out. Cabot won't take you to court however because they know the paperwork they have is a load of bull. What they will do is try and bully and harry you into paying them something. Stand your ground, ask for their complaints procedure, complain to all and sundry.

 

 

Not sure about this friend, look what they did with me

http://www.consumeractiongroup.co.uk/forum/general/204926-just-back-court.html