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they did send me seperate terms and conditions which could relate to anything and my card statements , they also sent me a copy of noa which they must have altered as the adress on it is my new adress when the original was sent from card company i did not even live at this adress

 

 

They are modifying documents to make them fit, this is proof positive that they are attempting fraud, I would suggest contacting Trading Standards in the first instance,

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  • 1 month later...

Just Recieved A Copy Of Original Notice Of Assignment For My Monument Credit Card , Its Great , Printed With Barclaycard Logo At The Top And States Cabot Have Brought The Debt For My Barclaycard Credit Card , Same Account Number Wrong Card , Wrong Adress Also As I Moved Last Year , It Cant Get Much Better

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Just Recieved A Copy Of Original Notice Of Assignment For My Monument Credit Card , Its Great , Printed With Barclaycard Logo At The Top And States Cabot Have Brought The Debt For My Barclaycard Credit Card , Same Account Number Wrong Card , Wrong Adress Also As I Moved Last Year , It Cant Get Much Better

 

Well, they are sort of right....Monument were owned by Barclays.

Just hate every DCA out there

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iv'e just posted a letter to barclays requesting a copy of the original letter they sent me , if i get it and it is different i will start legal action against cabot for fraudulant paperwork

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  • 2 weeks later...

after rereading the letter i got from crapbot , it says they put barclaycard instead of monument on my noa as monument is now called barclaycard ? iv'e just typed in monument on google and there is an application form for a monument card apr 34.9% ? what are crapbot babbling on about

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  • 3 weeks later...

right recieved another long letter from cabot today it says , with regards to the notice of assignment as the original is no longer available a reproduction is sufficient and complies with your request , in relation to a copy of the original default notice we have already explained we do not have to supply this and our position remains unchanged , with reference to your claim that the agreement does not contain prescribed terms section 189 (4) of the cca states , a document embodies a provision if the provision is set out either in the document itself or in another document referred to in it , with this letter they sent me a set of t&c that relate to a credit card ( anybodys ) and have highlited amount of credit , rates of interest , charges , annual fees , timing and amount of repayments , rates , fees on default ,, any advise please

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i requested a copy of my original dn from a dca they have sent me a letter explaining they do not have to supply this to me , i returned stating i will request this in court if you start legal action against me , have now recieved another reply stating , we have already stated our response to your default notice request and our position remains unaltered , any advice please

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i requested a copy of my original dn from a dca they have sent me a letter explaining they do not have to supply this to me , i returned stating i will request this in court if you start legal action against me , have now recieved another reply stating , we have already stated our response to your default notice request and our position remains unaltered , any advice please

 

 

Hi Spidey41

 

I would do nothing, they have not got it from the original creditor. They mey produce a default notice template "like" the one sent. Let them take you to court and request that they supply the original via DJ.

 

Trooper68

Trooper68:)

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thanks will do that

 

 

Who is the DCA? Have you SAR them?, it works wonders, they have to give you all your data, but, it can reveal alot. I would take it to them, SAR them, give them the 40 days, if they fail to produce or produce very little complain to data commisioner then warn them.

 

Are they calling you? Bang off a harrasment letter. Give it back to them.

When they call you and ask security questions tell them your spiderman or somthing works wonders, do a search on a thread of mine, I was batman, they guy got upset and hung up.

 

Trooper68

Trooper68:)

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right recieved another long letter from cabot today it says , with regards to the notice of assignment as the original is no longer available a reproduction is sufficient and complies with your request , in relation to a copy of the original default notice we have already explained we do not have to supply this and our position remains unchanged , with reference to your claim that the agreement does not contain prescribed terms section 189 (4) of the cca states , a document embodies a provision if the provision is set out either in the document itself or in another document referred to in it , with this letter they sent me a set of t&c that relate to a credit card ( anybodys ) and have highlited amount of credit , rates of interest , charges , annual fees , timing and amount of repayments , rates , fees on default ,, any advise please

No No No,

 

They have to keep the origonal document for a min 6 years after the account is closed, not least for Money Laundering regulations.

 

The prescribed terme MUST be within the 4 corners of the signature document, not referred to elsewhere. 1, Credit limit or a term referring to how it will be set, 2. APR, 3. timing and amount of repayments. There maybe one more?

 

Send back the you have not complied with request letter from templates.

 

Vint

 

Oh, and report them to the OFT

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right recieved another long letter from cabot today it says , with regards to the notice of assignment as the original is no longer available a reproduction is sufficient and complies with your request , in relation to a copy of the original default notice we have already explained we do not have to supply this and our position remains unchanged , with reference to your claim that the agreement does not contain prescribed terms section 189 (4) of the cca states , a document embodies a provision if the provision is set out either in the document itself or in another document referred to in it , with this letter they sent me a set of t&c that relate to a credit card ( anybodys ) and have highlited amount of credit , rates of interest , charges , annual fees , timing and amount of repayments , rates , fees on default ,, any advise please

And how, if they get to court, will they answer the Judge if he asks are they legally able to collect on this debt?

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the dca is cabot i have all the statements for account and a copy of my application form , 2 different noa's both printed by cabot thats about all oh a set of t&cs that could apply to anybody

 

 

Cabot, so you don't have a Signed agreement? just a application form? oh dear, good news for you, they cannot enforce it without a signed agreement.

 

You should SAR them, reg letter (tenner postal order) Don't sign the SAR print your name. They will return template letters like what you recieved.

 

Are you paying them? If it was me I would stop. You may find you are paying all the charges they have stuck on the account.

 

If they call you, hang up, send off a harrasment letter, all the templates are in the forum.

 

Go GET THEM...

 

Trooper68

Trooper68:)

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i did sar them last year all i got back was a copy of my statements , a copy of an application form , a set of t&c's a copy of noa with right account number but wrong card (lol ) and a copy of what they call a letter to greet me to cabot which was a load of squigles and a's and z's made no sense whatsover

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Proof the debt exists is one thing, but proving that the debt can be enforced is another. Unless the application form contains all the prescribed terms within the four corners of the document, the debt is unenforcable ;)

The Grand essentials of happiness are: something to do, something to love, and something to hope for.

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