Cabot/BarclayCard CCa Reply

[Uptotheneck]

Hi Guys

 

Further to my previous thread, Cabot have replied to my letter telling them they have failed to supply, with this:

 

 

 

Any thoughts on this one would be gratefully received.

 

Regards

 

David

[count orlok]

I would have thought without the original agreement they do not have a leg to stand on, a copy is hearsay and quite easy to make.

[cymruambyth]

It's bullsh**. I had that reply ages ago Re: From Monument to.......Cabot post 23!

[Uptotheneck]

Thanks for the quick replies

 

 

Is there anything I should send them? or should I just sit back and await their next move?

 

Regards

 

David

[cerberusalert]

I'd be tempted to send them Scots letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

Yours faithfully

[Uptotheneck]

Absolutely fantastic, the letter will be sent 1st class recorded on Monday

 

Thankyou very much for your help so far.

 

Kind regards

 

David

[Rhia]

What exactly did they send you? I have seen a number of Barclaycard "agreements" and they are dreadful - not T&Cs, no pescribed terms etc etc. If you can remove personal details and post on here, we can see what you're up against.

[Uptotheneck]

Hi Rhia

 

Thanks for your reply, this is what we are up against:

 

 

They have sent me 2 sets of T's and C's, but I haven't taken much notice of them due to the above.

 

Regards

 

David

[ODC]

Totally unenforceable APPLICATION FORM

[Undercover-Elsa]

Hi Uptotheneck,

I do so understand your frustration with this..I'm newish on here but have spent hours and hours researching, and while you await more expert opinions I support you wholeheartedly on this..it is clearly an APPLICATION form not an agreement.

Good grief, these DCAs are so bl**dy sanctimonious aren't they?

 

Based on their ridiculous pseudolegal babble anyone who ever simply applied for a credit card on a form could be pursued for the amount of credit offered..even if the card application was subsequently turned down.

As that's clearly not the case then in my humble medical opinion they are talking out of the small area very close to their coccyx.

 

Looking forward to the marvelous "Debt Whisperers" on here tearing this one to bits!

 

All the best with it, you're in the best place for help.

Elsa x

[cerberusalert]

As that's clearly not the case then in my humble medical opinion they are talking out of the small area very close to their coccyx.

 

Compared to a DCA you would get more sense from that particular sphincter muscle.

[Uptotheneck]

Thanks for the kind words Nurse-Elsa, all I need now is another dozen of these and life will be liveable again.

 

Regards

 

David

[Uptotheneck]

And also, what is the customer assurance line?? is that where you can be assured to be told more horse manure? lol

 

 

 

David

[Undercover-Elsa]

Seductively deceptive offers drizzled with ruse jus,

Ambiguously worded legobabble delicately laced with untruths...

Half baked arguments with a underlying essence of menace

That's not just horse manure-

That's DCA horse manure

 

[Uptotheneck]

Rolls on floor laughing

[Uptotheneck]

Look what I received in the post today lol

 

 

I'm shaking in my boots;)

 

Regards

 

David

[cerberusalert]

Time for you to complain to your Trading Standards & the OFT. When will Cabot ever learn?

[ODC]

Look what I received in the post today lol

 

 

I'm shaking in my boots;)

 

Regards

 

David

 

I have several of those meaningless letters from Good Ole Lindsay Thomas. They are just more empty computer generated threats from this bunch of idiots. Report them to the OFT, Trading Standards and your MP. They are in clear breach of the CPUTR for making silly threats.

[Undercover-Elsa]

Dear Me! I had to do a double take through your thread to make sure there's no CCJ been issued and defaulted on, based on what they say WILL happen.

Please please do as Cerberusalert and ODC say and report them to everyone you can think of. Absolutely disgusting scare tactics.

 

I take it all back, they're not human so don't have a properly evolved orifice through which to talk.

They'd fail a post mortem to ID their species due to insufficient evidence.

Yours in total sympathy

Elsa x

[Rhia]

More DCA landfill! Yawn! Report them to OFT and TS and tell Cabot you are reporting them. They have breached almost every OFT guideline for fair collecting practices and as the OFT is investigating the use of Charging Orders I think they will find threat no2 very interesting indeed.

The Office of Fair Trading: Charging orders

 

Not to mention the fact that they have to take you to court, prove the case AND get a ccj before they can send in the bailiffs.

 

Silly, silly Cabot. Come on boys get a grip!

[NailPost]

The Pre Litigation Department are getting very much ahead of themselves. To obtain a warrant of execution, charging order, attachment of earnings as they threaten will require a court order. Without the proper documentation they are totally ****ed.

 

Ignore Cabot and complain instead to the OFT and Trading Standards.

[Uptotheneck]

So what should I do?

 

Write a letter to OFT and TS and include a copy of the threat-o-gram?

 

 

Regards

 

David

[ODC]

So what should I do?

 

Write a letter to OFT and TS and include a copy of the threat-o-gram?

 

 

Regards

 

David

Yes and also a letter to your MP.

 

So much for the crap that Uncle Ken is writing in the Credit Media about how every DCA will have to become more professional and train their collections staff better.

[the_shadow]

I would class that letter as falling under this section of the oft debt guidelines

 

False representation of authority and/or legal position

2.3 Those contacting debtors must not be deceitful by misrepresenting their authority

 

and/or the correct legal position.

 

2.4 Examples of unfair practices are as follows:

 

a. falsely implying or claiming authority, for example, claiming to work on

instructions from the courts, claiming to be bailiffs or, in Scotland,

sheriff officers or messenger-at-arms

b. falsely implying or stating that action can or will be taken when it legally

cannot, for example, referring to bankruptcy or sequestration proceedings

when the balance is too low to qualify for such proceedings or claiming a

right of entry when no court order to this effect has been granted

 

Stating it WILL occur is a clear breach, they should have put MAY or COULD not will though!

 

PmW

[Uptotheneck]

Just had a phone call from Cabot, telling me If I dont set up a payment plan today, the account will be passed to the litigation department. click

 

 

What should my next step be??

 

 

Regards

 

David