Cabot trouble, first timer, pease help.

[mongo34]

Hi to all, and thanks in advance.

 

I recieved a letter from these people on the 30th December. Being over Xmas and new year, I filed it in view of dealing with it in the new year.

 

Letter looks to be of standard format ie;

 

WELCOME TO CABOT

 

The Cabot Financial Groub has recently bought the account you held with Vanquis etc...etc

 

According to our records you currently owe £320.46. Please contact us etc...

 

The letter goes on to give payment options...

 

Within the letter was a very dubious looking letter with a Vanquis letter head, albeit an ameteur looking attempt of a letter head, the logo is so pixelated.

 

It says that;

 

We hereby give notice of the assignment of the debt due to us in respect of the outstanding balance on your account.

 

This assignment is effective from 12 December 2008 and is entered into by Vanquis and Cabot Financial (UK), part of the Cabot Financial Group.

 

All future enquires and payments concerning this account should be directed to: CABOT etc.

 

Yours sincerely

 

M Reddin

 

Vanquis Bank.

 

I have recieved as many as 4 phone calls a dayfrom this company, each time I have asked for all matters to be dealt with in writing please, assured this would happen, but then next day the callls will start.

 

I recieved a letter finally on 4th February 2009 saying,

 

We'd really prefer to discuss your account by telephone but we'll agree to your request to write instead, as long as you co-operate with us.

 

Please write to us with a clear statment of your proposal for repaying your account (I have stated verbally that I do not acknowledge a debt) You also need to complete the enclosed budget form ansend it with your letter. This will help you give us all the information we need in order to consider your payment proposal.

 

If you don't send us your Budget form and payment proposal within 28 days we'll have no alternative but to resume our telephone procedure, using any number available to us.

 

Yours sincerely

 

Peter Anderson.

 

I have started making a log of all calls to me both mobile and land-line. What is my next course of action, I have read a few threads about this company, but this is a very new and not so pleasent experience.

 

Again, thanks in advance.

 

Mongo

[PGH7447]

Hi and welcome to the CAG, first things first I assume this is a vanquis credit card in which case you need to send crabot a cca request for the alledged agreement to ensure they have the right to collect the alledged debt

 

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

 

follow this link and use template N

 

costs £1 send it recorded do not sign, they then have 12+2 days to supply

 

secondly never talk to these people unless you can record the calls, if they continue to call just say in writing and put the phone down.

 

Are there any charges you can claim back against this card?

 

and you are my 3000 posts whoopee:-)

[PGH7447]

to stop the phone calls

 

Harassment by telephone

 

Account Number: XXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

[mongo34]

Hi and thanks for your prompt reply.

 

You assume corerctly, it is a Vanquis credit card, as to any charges, the limit was 100, teh debt stands at 326.04, the first letter stated 320.46. I assume this is thier interest.

 

I have already printed off the Harassment by telephone letter, but will print off letter N also, and send them together recorded delivery.

 

What does the 12+2 days mean? Do I give them 14 days from the date of my letter, or from date of them signing for it?

 

Thanks again

[PGH7447]

2 days post, 12 days to do their job, after this time period the account is in dispute and they cant carry out any further collection acitivties until the produce the agreement.

[mongo34]

Great, thanks. I wait in anticipation...

[mongo34]

Update..

 

I sent of both letters, 19th Feb, I recieved their reply this morning.

 

What should I do know?

[fiftypence]

Update..

 

I sent of both letters, 19th Feb, I recieved their reply this morning.

 

What should I do know?

 

Nothing. Just wait for the CCA deadline to pass. That (template) letter is hilarious Admin Of Justice Act doesn't apply in your circumstances, so they are a Judge now are they and have made that decision have they? Not obliged to provide a CCA but will be really helpful and pass on your request, ha ha! What happens next....recipient of letter drops it in the bin

 

Brilliant, they must write comedy scripts in their spare time!

[mongo34]

LOL, thanks. It is so clearly a template letter too, look on the far right hand side half way down CCA008, must be the template ref...!?

[fiftypence]

LOL, thanks. It is so clearly a template letter too, look on the far right hand side half way down CCA008, must be the template ref...!?

 

Exactly. I think I read somewhere on here that one DCA sends out 20,000 letters a week Yeah, and I'm sure every letter is an individually crafted response

[mongo34]

Should I reply in kind with a letter stating this?

 

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

[fiftypence]

Should I reply in kind with a letter stating this?

 

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

 

I wouldn't waste the time or the spit to seal an envelope to bother to tell them of their deficiencies, they know they are in the wrong, let them hang them selves. It shouldn't take much rope to do it. If they do start phoning again keep a note of the times/dates they call, useful evidence to slap them with.

[mongo34]

Will do, thanks again.

[bazaar]

It all depends on how much you want to poke them.

I much prefer it myself, as it gets quite funny, but thats me.

They will default on your CCA request soon, so you must then send them a letter stating that the account is in dispute and you are not obliged to pay anything until they produce the executed agreement.

They also say in their letter that they dont have the agreement, so that in effect is them admitting that they are processing your details ( Against Data Act) without having made the necessary checks as required by law.

Now if you really need to poke em, I would put that in your letter.

[mongo34]

It all depends on how much you want to poke them.

I much prefer it myself, as it gets quite funny, but thats me.

They will default on your CCA request soon, so you must then send them a letter stating that the account is in dispute and you are not obliged to pay anything until they produce the executed agreement.

They also say in their letter that they dont have the agreement, so that in effect is them admitting that they are processing your details ( Against Data Act) without having made the necessary checks as required by law.

Now if you really need to poke em, I would put that in your letter.

 

Now that does indeed sound like fun, I am at a bit of a loose end this week work wise, so need something to fill my time.

 

I will have a play around in the morning and try and get something typed up, should you have any quotes of law or similar please feel free to share them lol

[bazaar]

well for starters, Thank you for your letter dated xxxx in which you appear to state that you have no legal right to any claim due to not having the correct paperwork to so, (then we add the legal bit)

Also, not having made the correct level of supervision to ensure processing of data is not made until you have checked the correctness of the paperwork

[mongo34]

I have recieved today a letter from crapbot telling me that the original lender is experiencing delays and that they will send the information through to as soon as they recieve it.

 

What letter should I reply with?

 

Thanks again in advance.

[mongo34]

Anyone?

[Nottsdave]

just wait, dont waste your time.

 

The ball is in thier court

 

Notts

[mongo34]

OK, thanks for that.

[mongo34]

Well, nearly 8 monthes on and I get this out of the blue.

 

 

Am I right in thinking that this is false information, and that they must produce the CCA ?

 

Thanks again.

Edited November 2, 2009 by mongo34

[woolfysmith]

Any chance of making it larger please

[mongo34]

Sorry about that, I don't know what happened to that.

 

Here is another go.

 

[tindwcel]

I believe it is a standard bullsh!t reply.

 

Nonsense, according to other posts on this forum.

Edited November 3, 2009 by tindwcel
was wrong about the code

[babybear39]

Oh dear, someone needs training up on the CCA1974