Me & my Debts - Haydon DMP since 2001- they charge a £20PCM fee from my <£40 payment - CCA time? In Scotland too!

[blueda]

Cheers Cunning Plan, i have the recorded delivery receipt and the copy of application form from MBNA as proof.

[blueda]

Today, a family member recieved a call from Link financial requesting that i call them on a 0207 number.

I have received a letter from Cabot today, as follows

I refer to your letter dated january 2009.

I understand that your query relates to your request for all the relevent information required according to the consumer credit Act 1974.

Cabot does rely on the original lender to provide information in order to assist with your enquires. We have made several requests for a copy of the agreement from Barclaycard (formerly Goldfish Bank Ltd). However, as the accounts were opened in 2000, they have confirmed that they no longer hold this documentation.

Notwithstanding the above I am enclosing the relevant Cabot statement in relation to your account. This clearly shows that you acknowledge the above account as you have made repayment towards the same since 2008 by the way of a monthly repayment plan.

In light of the above, Cabot is of the opinion that you have been provided sufficient evidence that the account exsits.

I would recommend you contact our collections department, within 14 days to discuss the options available in order to settle this account.

I trust we have set our position clearly.

Supplied is a copy of the payments of 2008 until i stopped paying them after the account went into dispute.

Edited October 12, 2009 by blueda
Changed content.

[silverfox1961]

Hi,

Cabot have started this new tack. This is being discussed on this thread:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/223570-cabot-financial-dealing-cabot.html

 

It doesn't matter what they write. No CCA= no enforcement

 

Try not to get too stressed by this

[IdaInFife]

what a shame,

 

up to you now what you do now safe in the knowledge they don't have a cca.

 

ida x

[Cunning Plan]

Hi Blueda,

 

Usual tactics from this lot. Wait a few weeks/months then they try again.

 

First was this call to your number or another member of your family?

 

If it was to your number just ignore it. If it should continue to happen you could hit them with the 'I've told you only in writing letter and harrassment letters'

 

If it was to another family members number and it happens again they have good grounds for an official complaint.

 

Hang on a few days and see if they try this again... then hit 'em hard.

 

Come back to the site and I'm sure we can send them packing.

 

CP

[blueda]

Thanks Cunning Plan, it was my phone number that they called, and i wont be calling them back.

Thanks Silverfox and Ida, i plan to do nothing for now and see what Cabot comes up with.

[Cunning Plan]

Hi again,

 

You're right Blueda don't waste your time, money or breath calling these bozos they will only hassle you and try and put pressure on.

 

As before keep a record of when they call, it all adds to your case against them. If they do call again, my guess is they will, just tell them to read your previous letters and then put the phone down.

 

CP

[batman1956]

There is a thread running to monitor comlaints about Link if you feel you have a genuine complaint i.e they have called your family or friends to trace you then add your complaint here

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/222298-complaints-link-financial.html?highlight=link+financial

[blueda]

Thanks for that link batman.

[veryweary]

This is normal Cabot rubbish, saying they only need need to provide it if one still exists. The actual law says they don't have to provide it, only if one NEVER existed. Big difference, and typical of Cabot cherrypicking and twisitn parts of consumer law.

Cabot are getting desperate these days, maybe their 6 million losses for last year. You could also send Cabot a Final Response and say that until they provide you with a compliant CCA you will not enter into further

dialogue on this matter.

You should report them to TS and OFT as well for asking for payment while in default of sending any document, as they'll accept your complaint in this situation. Only a large numbers of complaints will ever get this mob shut down.

[blueda]

Thanks veryweary, that is a good description of Cabot twisting the meaning of the rules, if Cabot send a follow up with a direct demand for payment then i will contact TS and OFT.

[blueda]

I have received the following from Link financial today.

Dear Mr blueda

Account number ********

Our reference *****

Statement period 23-04 to 23-10-2009

Date assigned **-** 2001

Assigned to Link Financial

Current balance £1,6**.** Where interest is being charged on your account it will be shown in the statement data provided below.

 

Date Transaction Description Debit Credit Balance

23-04-2009 Balance brought forward £1,6**.**

23-10-2009 Balance brought forward £1,6**.**

 

MINIMUM PAYMENTS

If you make only minimum payments each month, it will take you longer and cost you more to clear your balance.

 

All advice from fellow Caggers are most welcome.

 

 

23-04-2009 Balance brought forward

[IdaInFife]

do nothing,

 

 

dca's now have to send you statements whether you are making payments or not

 

ida x

[blueda]

thanks Ida:)

Edited November 2, 2009 by blueda
Typo

[blueda]

I have this morning received a letter from Cabot, all advice will be greatly apprecieted.

OUR RESPONSE TO YOR CCA REQUEST UNDER SECTION 77/78

I refer to your letter received on january 2009 and our letter dated february 2009.

I understand you have made a request for a copy of your credit agreement with RBS, the original lender.

The Cabot financial group purchased your debt from RBS on July 2004.

In your letter received on january 2009, you state that you are entitled under sections 77-78 of the consumer Credit Act 1974 to a copy of the credit agreement that you signed with RBS.

We have made several urgent requests to RBS to forward any documentation relating to your account to us. Unfortunately, Cabot has not received documentation due to a delay in retreiving this information from their archives.

Please be advised, that the failure to provide a copy of your agreement within the agreed time time lines does not affect the legality of your debt with Cabot, but merely renders the credit agreement unenforcable until such time the agreement can be produced. To clarify "enforcement" only means obtaining judgment at court.

I can confirm that Cabot has taken the decision to treat the balance outstanding on this account as irrecoverable.

Please note that this decision is not to be confused or interpreted as a write-off of the outstanding balance on your account as the debt legally remains.

Not withstanding the above, Cabot will continue to request these documents from the original lender and in the event Cabot obtains the information as requested by you, at a later date, we reserve the right to recommence collection on your account.

I trust i have set out our position clearly.

[silverfox1961]

Hi,

I think you can guess that they have thrown in the towel for now.

 

Personally I also think they will flog it on at the earliest oppotunity.

 

If you are lucky, this is the last you will hear from them so it is still a victory of sorts.

 

fox

[blueda]

Thanks silverfox

[blueda]

Does any fellow Caggers have experience of DCAs buying accounts like this from a DCA ?.

[madasamuppet]

No but I wouldn't worry. If one does creep out of the woodwork just tell them this the subject of dispute with cabot and tell them to "go away", and mutliple. there a template on here for just that occasion.

[blueda]

Thanks madasamuppet, if the occasion turns up, then thats what i will do.

[blueda]

Hi folks, Link have been phoning looking for me daily, and have been unable to speak to me as im never in at the time, for which the polite caller asks when i will be in so as to call back, i suppose they will be writing to me soon.

[IdaInFife]

you think they would have the message by now,

 

the thing is althought it may not be legaly enforceable they are still within their rights to ask for payment but they should lay off when advised they are not getting anything

[blueda]

True Ida, and it will pay them to persist as some folk will pay up to stop them calling.

[blueda]

Hi Folks, i have this morning received a leter from Link financial, as follows

Dear Mr blueda

We have tried unsuccessfully to contact you in regards to your account.

Although you have not returned our telephone calls, we do have to make certain decisions on your account.

As the owners of yor account we must advise you that we expect to recover the balance from you. Our intentions are not to allow you to leave the account unpaid, even if our recovery action takes longer than we first anticipated.

Maybe you cannot afford to clear the balance today, butyou do need to contact us to discuss your circumstances, only then can we attempt to help to structure a payment plan on your debt.

In an attempt to help you, we would like to be able to make an informed assessment based on your current circumstances. In essence if you were to tell us why you have not paid your account we could help you to avoid paying back more.

One way we could help is to give you the opportunity to pay back the £ - - - - at an interest rate of 0% APR.

[dpick]

Keep ignoring until they do something that requires you to respond like issuing court proceedings.

 

dpick