me vs cabot can anyone advise me

[sticky29]

 

 

 

 

 

 

 

I wondered when I would get my next bit of happy post from cabot and here it is. They never bothered to reply to my last 2 letters but I feel well let them take it to court and see once and for all. What i am wondering now is should I reply to the letter from Morgan or just wait and let it go to court?(i dont really want them to know what my defence will be i.e them agreeing to suspend adding interest then reaplying it without informing me so the debt was growing and growing in the 9 years I was paying.

 

Also I visited cab and they have suggested i should consider going bankrupt as it will take another 77 years for me to repay the shortful from the sale of the property(this would also solve the cabot dilema) If I did go to court and lose the case againts cabot and decided the only option to be would to go down that road would cabot still have a claim after I have been discharged? any thoughts or sugestions would be really appreciated.

[cerberusalert]

Send them this;

 

 

Dear Sirs

 

I refer to your letter of XXXXX 2009 which was received today.

 

Frankly, I am surprised of the need to advise a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); dated XXXX 2009 for which I have proof of receipt . I can only assume therefore that they failed to inform you of their non compliance. Your client had until (date - 12+2 working days from date of sending CCA request) to comply with a legal request.

 

Should your client persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several defaults committed by xxxx under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for, both the banking code and OFT guidelines.

 

Also please note that I will ONLY communicate in writing, any calls made to me will be classed as harrassment and treated as such.

 

Yours faithfully

Print name do not sign

[miss muppet]

Excellent letter C., stay strong Sticky, doubt they would want to go near court with this one anyway as I'm sure the court would take a dim view of their antics. Have you done the Subject Access Request as well, you need to get as much evidence of their behaviour as possible. That CAB advice is very negative and not helpful.

[sticky29]

Thanks for the reply cerberusalert and miss muppet it is very much appreciated. Cabot have already supplied me with a copy of the cca be it later than the time frame so i will send the letter anyway. I havent done a SAR yet but will do so now. Do I send this to cabot or morgan?

 

One thing I forgot to mention in my first post was when this first came to light and i requested a full statement of account cabot took it upon themselves to reduce the interest rate then back date it from when they under cabot took it over so the statement looks like they have only ever charged the account at 5%, is this normal practice as i would have thought it would have to be shown as an adjustment as it is changing the account history?

 

thanks again

[miss muppet]

Sorry Sticky, only just got back to this, sure you will have worked this out for yourself by now, send the request to Cabot who can forward it to the original creditor which should make things nice and difficult for them - they have 40 days to comply and then you can make a complaint to ICO if they don't. They are not a lot of use but if it goes to court, it shows that you have gone down all the necessary avenues. Good luck, keep us posted.

[sticky29]

thanks for the reply miss muppet very much appreciated:)

[sticky29]

Have sent a SAR about 2 weeks ago and this was acknowledged by cabot so the clock is ticking on this one. In the meantime i have applied to eqifax to view my credit record and was surprised that there is no mention of cabot on it or even the original lender? my question is would all credit agencys have the same information or is it best to apply to all of them i.e experian?

 

I must add this site is amazing and a credit to all the ppl who keep it running

[cerberusalert]

If the a/c had a default marked on it more than six years ago it would have dropped off your credit file naturally.

[sticky29]

Blimey cerberusalert that was a quick reply dont know about the AA but u must be the 1st emergency service lol. Thanks 4 that i appreciate it, nice to know my new friend crapot are not putting nasty things about me on a disputed account. Wow maybe they are playing fair and we have got em all wrong???? Not!!!! lol

Thanks again:)

[sticky29]

I have recieved a big parcel in response to my SAR request and am going through it slowly. What I have noticed so far is that there is no copies of assingment notices and no default notices, should they have given copies of these under the SAR request? The big thing that I have noticed is they have sent me a statement of account from morley which clearly shows that interest was not being applied to the account and another one from themselves which contradicts this and shows interest being applied. Where should I go from here without giving the buggers to much info on the cards I hold?

ooooo another thing they have also sent me documents relating to 2 other acounts they hold on other people, very sloppy of them i think prehaps I should try and trace these peoiple and tell then how I got hold of their infomation lol:D

[cerberusalert]

ooooo another thing they have also sent me documents relating to 2 other acounts they hold on other people, very sloppy of them i think prehaps I should try and trace these peoiple and tell then how I got hold of their infomation lol

Oh dear oh dear another one for the ICO to get their teeth into https://www.ico.gov.uk/Global/contact_us.aspx

 

Make a complaint to the ICO & try & contact the other people to get them to do the same. Also invite them here to join the party.

 

Then sit back & wait for the brown stuff to hit the fan.

[Rhia]

Yes complain to ICO they once sent someone on CAG a whole list of other people's names, addresses and account details.

[sticky29]

Hi cerberusalert and Rhia thanks for the reply. Yes I will report this to the ICO. I have gone through everything in the sar and there are no default notices(thats because i always paid what was agreed with morley and cabot) and also no copies of notice of assingment so I am about to write to them and point this out and request they send them. I have put copies of statements they sent me on to this post which clearly shows what I have said all along that the figures dont add up i.e balance of sale on sar1 and statement on sar4 any pointers or comments will be most appreciated:)

 

 

 

 

 

[sticky29]

bump

[sticky29]

bump

[Rhia]

Now I might have got this muddled but looking just at the docs (haven't gone back over the thread) Cabot or Morley or whatever they call themselves are adding interest up to present date but you last made payment in 01. Is this correct? If this is so the debt is statute barred so always make sure you state you do not acknowledge it.

They have a few problems too in that Cabot and Morley are the same company so they sold you a loan/mortgage to repay the laon to themselves and this starts getting into the realms of Unfair terms etc.

Sorry I am a bit rushed but if you could clarify this it would help.

[sticky29]

Hi Rhia

sorry if i confused you. I stopped paying this account in december last year as i believed i had payed the account of in full. Morley accepted reduced payments in 1998 of £5 a month with no interest being added this was increased to £30 a month at a later stage also with no intersest being charged. Cabot took the account over in july 2006 under the same agreement with a view to reviewing it every year which they never did so i just carried on paying.

 

The link in sar2 shows the last payment under morley 06/08/01 balance £3130.91.

In link on sar3 (which is cabot statement) the balance for the same date shows £5093.29

 

Also in link sar1(cabot sar reply) it says they brought the account on 11th july 2006 with a balance at sale £3130.91 yet on their statement (sar4) it shows a balance of £6289.93 on the same date.

 

Hope this has made it a bit clearer. I haven`t pointed this out to cabot as i would rather a judge see this as it and not let the cabot maggots try and wriggle out.

[Rhia]

Yes I see where you're coming from. I couldn't read the "agreement" properly so if there's any way of bumping this up I think you'll get more response.

 

They have quite a lot of explaining to do as to how such a debt could literally double overnight.

 

I suspect there are a number of angles we can look at here and I still think we may get back to the agreement between Cabot and Morely who are just another one of their companies under the Cabot umbrella as a search of Companies House will reveal.

I suggest you take a look at the OFT's guidelines on Fair Practice (on their website). Getting debtors to take out a secured loan to pay off a loan is a huge no no. Add to this the fact that Cabot and Morely are brother and sister and I think you have a case.

Have you presented this to Trading Standards? I would give it a shot but be prepared to keep pushing them.

[sticky29]

 

I sent cabot the above letter on the 8th July which royal mail confirms was signed for on the 9th July but i havent heard a dicky bird in way of a reply from them. Should I follow it up with a reminder or just wait for their next move? I cant stand it when they go quiet lol.

[Rhia]

Ahhh! It's the silences that are the most challenging. You feel you need to do something. However, as it is now a month and you have had no reply write to them and simply say.

 

I refer to my letter dated XXX which, according to Royal Mail records was delivered safely to your offices on XXX. As of today I have not had the courtesy of a reply and I wish to make an official complaint about your lack of response.

 

I attach the original letter for reference. If you fail to reply within 14 days I will report this matter to Trading Standards and the OFT. Send it signed for.

 

See if that flushes out the rabbit from its hole.

[angry cat]

Clearly, they are hiding in the long grass!

 

AC

[sticky29]

Thanks for the reply Rhia and angry cat will send a letter first thing tomorrow. Yes the silence is the worst and my mailbox has never been so boring LOL. Thanks again:)

[sticky29]

 

 

Have had this reply back from cabot. Before I fire back a reply can anyone advise me if what they say is true regarding the Assignment? As Nationwide Credit corp. was the original lender and not morley I should imagine they still need to supply one.

 

Not sure what agreement they are talking about but the original one was for 300 monthly payments from 1988 which dosent make it expired yet should I send them an Abacus with my reply:D

Edited November 2, 2009 by sticky29

[sticky29]

bump

[sticky29]

bump