AAAAARRRRGHHHH!!!! I Hate CRAPBOT!!!

[Stressed150]

Moved post

Edited April 16, 2009 by Stressed150

[Stressed150]

I'm so mad after reading so much info on here regarding Cabot financial, who now own one of my Marbles credit card debts, I have never CCA'd them, yet I pad them around 3k two months ago, and now owe them a further £300 this month to close down the account...... I wish I had found this site back then, I don't know what to do now, as I am under the impression Marbles don't hold an enforceable CCA..... what should I do, pay the £300 this motnh or CCA them? If I was to CCA them could the withdraw the offer of and revert back to my full outstanding balance, especially if they DO hold an enforceable CCA..? Please help someone...?

[ODC]

You can be 99.99% sure they will not be able to come up with a properly executed CCA for a Marbles card. As you have already paid them £3000 they have probably made a profit of £ 2970 so will hardly bother challenging you for the rest if you CCA them

[Stressed150]

Thanks for response ODC.... so basically seeing as I have paid them already, is there nothing I can do about no CCA?

[Stressed150]

Am going mad thinking about how much I could have possibly saved.... even with the 3K I paid them already, they basically bullied me into doing so.... any advice would be great and no doubt help me calm down...

[spartathisis]

My sympathies .

 

You must weigh up the pros/cons of the situation. £300 to clear the debt and I presume have it shown as "satisfied" on the CRA`s or go through the hassle (and it is a hassle no matter what anyone may say) of letters back and forth, the fees involved, postage your time and the thought that they may have an enforceable agreement and screw you for more. Is that worth it if you have £300?

 

Iv got six on the go and it can be very time consuming as writing the correct letter so as not to "leg" yourself up is not easy. Cabot are s*ite, but if you have cleared the bulk and only have that left it may be easier to pay and put it down to experience. My opinion only.

 

Good luck though what ever you decide.

[ODC]

Whilst I can see spatathisis' point of view, it will only cost you a quid plus the price of recorded delivery to CCA CRAPQUEST to see if they have a properly executed CCA

[Stressed150]

My sympathies .

 

You must weigh up the pros/cons of the situation. £300 to clear the debt and I presume have it shown as "satisfied" on the CRA`s or go through the hassle (and it is a hassle no matter what anyone may say) of letters back and forth, the fees involved, postage your time and the thought that they may have an enforceable agreement and screw you for more. Is that worth it if you have £300?

 

Iv got six on the go and it can be very time consuming as writing the correct letter so as not to "leg" yourself up is not easy. Cabot are s*ite, but if you have cleared the bulk and only have that left it may be easier to pay and put it down to experience. My opinion only.

 

Good luck though what ever you decide.

 

I suppose u have a point, ur certainly making me feel better, I have paid the bulk of the money, 300 is nothing compared to what I have paid already..... not sure if that would place a satisfied on my Credit File, though I will now make sure it does, and also try to have default removed!

[Stressed150]

ODC I will be doing this anyway, however, what good would an unenforceable CCA be to me if by the time I get it, the account will be most likely settled?

[Thailand]

Stressed, have you had any charges imposed on this account (late fees, admin etc) of £12 or more? Could be worth sending an SAR to OC if you think you have, these are reclaimable. This could impact on the £300!

 

Wether you pay the £300 or not you could still go for these.

[Stressed150]

Thanks for ur response Thailand, I do intend to do this, and have also recently learned that I could potentailly have the debt deemd settled on my credit file as opposed to partially settled, any advice on how I would go about doing this? And if I was to claim back charges, considering that I am being offered a discount on the outstanding balance, would they not use any charges paid back to me and put these towards the alance of the account?

[Thailand]

The charges were imposed by the OC, and if not time-barred they will have to pay AFAIK. The DCA only paid around 10% for your debt and the OC wrote the rest off against tax - that's why them collecting the full amount (DCA) is fishy to me. Maybe the OC on paying your claim would have to pay the tax again...don't know! Settlement was with DCA....shouldn't affect OC, but would be happy to be corrected.

[Stressed150]

The DCA have now brought the debt so are not acting on behalf of te OC, what is AFAIK?

[Thailand]

As far as I know.

 

The DCA bought a debt riddled in unlawful fees. I'm 99% you should SAR the OC and start a claim.

 

Just my 2p. (Could someone tell me if I'm getting this wrong)

[Stressed150]

I'm getting confused, how did u come to the conclusion that the DCA brought a debt riddled in unlawful fees? Could u clairfy if you don't mind..... so is it better for me to SAR the OC instaed of CCA the DCA? Or should I SAR the DCA as well?

[Thailand]

It might not be riddled hun, but because you said you intended to do it, I figured there would be unlawful fees to reclaim.

 

I'd do both, but maybe wait for clarification.

[Stressed150]

Also, I can't find a template for SAR requests to save my life!! I have seen it somewhere on this site I knw I have, could someone point me in the right direcction please?

[Thailand]

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-.html

 

Adapt to suit, If it's an agreed course of action.

[Stressed150]

Oh, I see, sorry am bein dumb! Yes there certainly were charges etc added onto the account, while it was with the OC, I believe the credit limit on the card was around £5,000, and by the time it got to the DCA, it was around £5,600!! These are just figures off the top of my head, I maintained token payments with the DCA for a number of months and when I was out of job again I could no lopnger afford to pay them, the DCA then took the opportunity to add yet more charges onto my account, they informed me of this and said that they could do so, as they wn the debt outright and are not acting on behalf of the OC!

[Stressed150]

Thanks for the post Thailand, I may be acting dumb again, but I want all the data held by the OC or DCA, to include, default notices and notice of assignment etc.... would the SAR link u have sent me cover this? Or is there a seperate template for this? Also, if I have more then one account with a bank, can I use one SAR request letter and one payment of £10, or do I have to send seperate payments and requests for seperate accounts?

[Thailand]

This is why I was hopping mad when I saw a monkey had been paid all that money, hope you can claw back as much as poss.

[Thailand]

A SAR should give you all the information the data controller has on you, AFAIK

[Stressed150]

Thanks Thailand.... I have done this twice before as I was none the wiser..... I think they must have had a field day when I paid up, though it isn't and has never been a full balance that I have cleared, it was still a substantialy high figure, sometimes around 70% of the balance..... when I learned on here that people have settled for less then 25% of the balance and the DCA still make a profitas they buy the debt for a very very small amount I was absolutley livid!!

[Thailand]

Actually, I just read that SAR and it doesn't? Add a line asking for all data that you want and they hold on you.

 

I'm baffled now.

[Stressed150]

lol.... I was also under the impression that an SAR would include all data till I read that line.... I think I should ammend before sending.... thanks.... and will keep u updated with what happens.....maybe I'll start a thread on claiming back after settling with creditors..... I'm sure other people have been in the same predicament I have, and maybe I can help some to go down the same route as I am about to embark on!