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Cabot direct debit cancel or not?? vanquis 'debt'


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Hi there please advise.

Before I found this very helpful site....

 

Vanquis CC debt has been passed around several DCA and has finally found me.

Cabot took me by surprise as I didnt expect them to find me!

I received a letter stating that they were sending someone to visit me at home. It didnt state the reason for this. I have since read that this is a breach of OFT guidelines 2.12(a) for not stating the reason they were to visit?

Anyway in short I was all flustered and not thinking straight and I agreed over the phone to begin DD payments and made a payment by debit card for an initial amount to keep them away from the door.

They said that the paperwork would follow. All I have had is a letter confirming our 'agreement' to pay monthly and a copy of an alleged letter of assignment from the OC (Vanquis) which to be honest looks like a bad copy with a variation of their letterhead/logo.

 

My question is this;

1) Do I cancel DD before I dispute the account. If not am I at risk of them taking a panic payment?

 

2)Do I SAR Vanquis? Do they still exist?

 

3)Do I CCA request the DCA or do I ask for agreement under Civil Proceedings???

 

Can anyone advise me how I should start the letter ie do I say that I was expecting paperwork from them in the form of a copy of the agreement to prove their right to claim the alleged debt and I have cancelled my DD until such time as they can provide this evidence???

 

Thanks Im relatively new to all this and I have several issues buzzing around in my head but I need to start the ball rolling on this one!

Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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First of all you should not pay a DCA by DD. Use a standing order instead otherwise you may find you are minus more funds than you expected. The CCA goes to the DCA. Civil proceedings come into play once you are in the court proccess. The templates section has a CCA letter. Do not you your normal signature. Do not send a cheque, use a PO. Send it registered. Keep this thread updated. After 2 weeks without the CCA you are within your rights to stop paying.

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Agree with the above never use a dd with a DCA

 

Heres the CCA request, dont sign it just type your name

 

 

1 High Street,

Newtown,

Kent

R21 4RH

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

Dear Sir/Madam

 

Re:− Account/ref xxxxxxxxxxxxxxxxxxxxxxx

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

We look forward to hearing from you.

 

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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thanks to both replies.

 

should i add something to the beginning of the letter making reference to the fact that I started paying. They did say that paperwork would follow including their direct debit guarantee but have not sent it?

 

I am thinking something on the lines of;

 

Dear Sir/Madam,

 

Account Ref: xxxxxxxxx

 

With regard to the above (alleged?) account.

 

Upon your initial contact with me you claimed to have the right to collect and alleged debt with (original OC?).

You indicated that you had all the necessary paperwork and that this would be forwarded to me in order to verify your claims and initiated a payment plan by direct debit.

However, to date, I note that no such evidence has been provided by yourselves and I have not received the direct debit guarantee as promised.

Therefore, I have had no alternative but to protect myself from possible fraud and have cancelled my direct debit with immediate effect.

 

(I hereby give notice that any attempt to obtain further funds will be unauthorised and will be looked upon as theft and reported to the relevant authorities.?)

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT.......................etc etc????

 

----------------------

 

Please feel free to comment/ adjust / adapt as I am quite new to this and I dont want to compromise the process in any way by adding or omitting irrelevant information

 

Thanks in advance.

Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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I know the DCA will try and claim that their letter of assignment proves their right to collect but it doesn't prove there was ever a valid CCA.

 

They will probably claim that by making the initial payments I have already acknowledged the debt. How should I respond to that?

 

I might add to the letter that I will only correspond in writing as they have my phone number!

Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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By the way should I just cancel the DD or contact the DCA and ask for a standing order form?

Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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Do I add that to the letter or not as I am claiming not to acknowledge the debt?

Can you also please comment on the additional part of the proposed letter I thought i might add???

Thanks

Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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Never set up payment with a DCA using Direct Debit. Where you have offered to pay £50 a month you will find £150 taken out. You have to remember they want their money and they will lie and steal to get it.

 

Well said, and very true:mad:

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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I will make sure it gets cancelled ASAP!

 

Thanks to all

Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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  • 2 weeks later...

How is this company still operating when they clearly have a total disregard for the CCA the OFT etc...

 

Surely they should have lost their licence(s) by now????:mad:

Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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In the unlikely event that Crapbot come up with a properly executed consumer credit agreement, after dodging all the flying pigs, would they be legally entitled to charge interest on a balance less than £5000???

Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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I have only just begun my dealings with this company.

I have read lots of threads about them sending "Hello" letters claiming to have been assigned a debt and what they claim to be copies of the letter of assignment which look suspiciously like they have been printed off the same printer as the Cabot letter.

I have received my "hello" letter and an alleged letter of assignment which has a very dodgy letterhead/logo which they claim is from the OC.

Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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Well in this case it is Cabot. I dont think they can possibly be working on behalf of the OC, Vanquis as the debt has been passed around at least 3 other DCA's and Cabot sent an (albeit self generated) alleged 'letter of assignment' with their "hello" letter.

I have read lots of threads on here RE Cabot adding interest.

I need to decide whether to go the CCA route or the CPR.

If I CCA them and get a load of rubbish back I could then use CPR route right??

Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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Btw hello twofoot I think we have 'spoken' before.

 

Thanks

Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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I have just found some old statements from the OC after the default date.

The statements itemise 3 payments and the rate of interest on the statement is shown as 0%.

It is possible that an payment plan was agreed to initially but not sustained.

If the OC weren't charging interest then surely the DCA cannot decide to?

Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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Hi there, I checked with our local court for someone I was helping and was told that No, you can't charge interest on a claim less than £5k. Even if over £5k they would have to plead at the time of claim.

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