CABOT - their reply to my letter, what next?

[joe1965]

I sent a letter to Cabots a fortnight ago (one of many) which is below.

 

You have stated in previous correspondence that you purchased the debt from Barclaycard

However, you are still contending that you purchased the rights but not the duties of the agreement. In the case of an absolute assignment, you are a creditor as defined by section 189. of the Consumer Credit Act 1974. As such, you are obliged to provide the credit agreement under sections 77-78 of the Consumer Credit Act 1974. Section 189 of the Act is clear that an assignment is of both rights and duties. In addition, as you hold a Consumer Credit Licence (No 0441205) you have a duty by law to carry out the request.

 

All the correspondence relating to this has now been passed onto the Trading Standards Office who has verified to me that you are stating a false position and that you are obliged by law to provide the necessary paperwork. They have passed on all paperwork to the Office of Fair Trading for them to deal with it in whatever way they wish.

 

I also issued you with a subject notice under section 10 of the Data Protection Act.

Having been in touch with the Information Commissioners office, they are of an opinion that I have every right to request and for you to comply with the subject notice until such time that you provide the relevant documentation.

In addition, the Trading Standards Office has informed me that as you have failed to comply with my request under section 78 of the Consumer Credit Act 1974 you may NOT;

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

So either as a subject notice under section 10 of the Data Protection Act, or under the Consumer Credit Act 1974, You have no right to be passing on ANY information to a third party.

 

I will expect confirmation from you within 7 days that all data sharing will cease until you can provide the relevant documentation.

 

If you continue to state you have a right to process my data I will have no other alternative but to consider litigation against you.

 

The Information Commissioners Office and the Office of Fair trading have already received an official complaint regarding your actions on this account.

 

This was the second letter giving them a section 10 to remove my data but as you will see from their reply which I recieved today they are still refusing to do so.

Can anyone advise me where I can go from here? I have never received a default notice from them but they placed the default on my credit file over a week before i had any contact with them. All I received from them was a notice of assignment from Barclaycard, printed by them!

Is it true they could counter claim if I tried to take them to court to get my data removed?

Any input would be welcome, especialy if someone could help me piece a letter together for these clowns as it is starting to stress me out.

[muscat329]

Not sure if this is an issue, but I don't like the way they hide behind "The Cabot Financial Group" A group of companies are ones where there is joint shareholding normally eminating from a common holding company. As we are talking here about the legal status of their position we should look at the legal entities they use.

If your Notice of assignment is the same as mine, Cabot Financial(UK) Ltd bought the debt, but you are being chased by Cabot Financial (Europe) Ltd, an entirely separate legal entity.

Have you given permission for CF (UK) to pass your data to CF(Europe) Ltd? Answer NO.

Your creditor is CF(UK) Ltd so they are hiding behind the "Group" statement.

Did your NoA state that CF(UK) now owned your debt, but that you must pay CF(Europe)? Mine did. I refused to pay CF(Europe)

It would be useful if someone more knowledgeable could comment my point.

regards,

Muscat

[Pinky69]

Cabot are, as always, talking through a hole in their knickers. They must provide you with a copy of the credit agreement as agents for the original creditor and until such times as they do you do not need to make any payment. Wait to see what they send, if anything. There is no need to reply to this, just keep it on file until you hear from them.

[Newborn]

Also rremember that, if they have not served you with a default notice correctly (registered or recorded delivery), they have not got the right to process your data as they have not perfected the debt purchase.

[ScabHunter]

Crapbot's letter is complete fantasy, pure deceit, and every time someone receives it they should report Crapbot to the OFT under the new CPUTR.

 

SH

[joe1965]

Any idea of a letter to send back to these fantisist?

I'm not very good at writing the legal letters so any help would be welcome.

[creditcardmug]

I can well understand how cabot are stressing you, standby for more im afraid, they never listen to reason.

 

Can i ask have you ever had a Default notice from barclaycard?

 

Can you confirm that you have sent a CCA request, and to whom?

[joe1965]

I can't be 100% sure but I don't think I ever received one from Barclaycard. However they did try taking it to court and I sent the template letters from the site under the Civil procedure rules, and that included asking for the CCA. It was stayed in court well over a year ago. They took this action because I sent a CCA & SAR request to them in the first place!

I just don't want these **** having the last word and if anyone knows an individual higher up within the company who the letter could be addressed to even better.

[creditcardmug]

Phone the court for an update on the claim

[joe1965]

It is still stayed. I phoned them up the day I got the first letter from crapot.

[creditcardmug]

Who is the claimant?

[joe1965]

Barclay card. But they sold it to crapot.

[creditcardmug]

Ok first, barclaycard have no right selling it (or doing anything else while the matter is in court), the judge would tear them to bits!

 

Write to cabot stating the matter is in court, with the claimant being barclaycard, and giving the claim number.

 

Cabot will then be off you case faster than lightening

 

Next, you have obviously defended, can you post up the Particulars of Claim, and your defence to it?

[izzitme101]

bc have sold a clearly disputed debt on?

did you mention that bit to ts or the oft?

[joe1965]

So the default crapot has put on my credit file is totaly illegal?

Give me 20 minutes and I'll put them up.

[bushtuckerkid]

Also rremember that, if they have not served you with a default notice correctly (registered or recorded delivery), they have not got the right to process your data as they have not perfected the debt purchase.

 

Is this correct? Do DN have to be sent rec. to be deemed served correctly?

[creditcardmug]

Is this correct? Do DN have to be sent rec. to be deemed served correctly?

 

No, it can be served by 1st class (two days) 2nd class (4 days) hand (same day), either way you can put them to strict proof of such in court.

 

The right to process your data is given by YOU in the agreement, it follows that if there isn't an agreement then they have no right.

 

This has nothing to do with a DN.

[joe1965]

This is the claim form;

I sent both the CPR letters, and the day before my time was up I sent a defence in telling them I could not defend myself as Barclaycard had not provided the required information under CPR giving them copies of the CPR letters to Barclaycard and proof of delivery. I received this from the court.

In the August I received another letter informing me it was stayed, however I can't find that one at the moment, (decorating the house at the moment so everything upside down).

As I said previously, on the day I received the first crapot lettter, I phoned up the court and it is still stayed.

[volvo]

Hi Joe

 

Have you deleted the value claimed from the summons, or was it served like that?

 

Volvo

[creditcardmug]

In that case you need to make an application to the court to have the case struck out, bump the thread tomorrow, for more guidance, tired eyes.

regards

[joe1965]

Volvo, yes, I brushed out all details which could identify me.

Thanks credit, I will bump it up tomorrow but may not be until the evening as I'm off to Carrow Road for the footy.

[joe1965]

Bumped as asked.

[creditcardmug]

You can make an application to the court to have the claim struck out, you can download the form from HMCS website (N244), it costs £75 i think, but you can claim this back from the claimant along with all you other expenses in defending this vexatious claim, should you be successful.

 

The POC is among the worst ive seen, and given the amount of time the claimant has sat on this, i think you have every chance of winning.

 

Make sure you write to cabot first though to kick them into touch

[joe1965]

Any idea of the sort of letter I should send?

Like I stated earlier, I'm not too good on the legal letters and would like to get it right so they have no room for manoeuvre.

[joe1965]

Bump.