could anyone have a look to see if this is correct and give me some direction please

[anton1]

hi there i was wondering if anyone could take a look at this CCA that was sent to me by CABOT(sincerely sorry for it being long winded).http://i576.photobucket.com/albums/ss209/marcog111/100_0101-1.jpg

Its from a debt that to my knowledge has not been acknowledged since 2001(99% sure). I have been paying them since June 2007 . They have stated that i have two debts owing to them totalling just under £10000. I sent off two STATUTE BARRED letters but they said that as i had paid them since June 07 the debt was not STATUTE BARRED. So i sent them two requests for the original CCA`s heard nothing so sent accounts in dispute letter 28 days later as they had kindly put the accounts on `HOLD`. On the larger debt they have yet to supply me with a CCA and it has now been 35 days although they have stated its only been 24 days(not too sure how they worked that out). The day after the `ACCOUNTS IN DISPUTE` letter was sent, CABOT sent this CCA. Now ive read about the prescribed terms etc but im still confused (sorry). The debt CABOT say i owe is for an unsecured loan taken out in 1999, the CCA states loan but the terms and conditions sent to me was for a `bank of Scotland `CLASSIC` credit card` they are also the current terms and are completely irrelevant(i think) to the CCA(wrong Apr)and to the terms when the loan was originally taken out.

The things im unsure of with the CCA sent are...

1. There is a sticker across the front that states `application form` with a bar code?

2.In the box about data protection it states `your application will be assessed`?

3.Should it have the %rate and not just Apr which is 24.8 (that bit i just cant work out).

4.There is nothing that states what to do should i wish to cancel(not sure if it should?)

5.The number of dependents has nothing, yet our son was born 1999 and would have been put on the form?

6.no figures in the section for added insurance?but we had taken out creditcare bronze?

The CCA is smaller than A4 not relevant but thought id put that down(loss of concentration). My argument is still that the debt is STATUTE BARRED as no payment or acknowledgement was made to the debt for over 6 years but how do i get them to prove this as they just keep saying that as i had paid them then the six years dont count? There are or rather up to last week no defaults on my credit reports. The reason behind all my actions is that i have paid CABOT since june 07 with out questioning the debt, then i few months ago i sat here and worked out that under the current terms it would take me 190yrs to pay the debt off to them.Im disabled and although told not to work by the docs etc i refused to except this and work 16 hours a week but my chances of earning better money is extremely limited due to my disability so i cannot ever see my circumstances getting better(bar a lotto win LOL). The very thought of owing this amount and have to pay CABOT until my dying breath gives me nightmares. Can anyone please give me some direction to go in as im now at a loss as to what to do.thankyou for reading this and hopefully its in the right place....Ive tried to summarise below.

june 07 started paying CABOT

march 19/09 sent STATUTE LETTERS

march 30/09 sent CCA letters

april 27/09 sent accounts in dispute

april 29/09 recieved one of the CCA`s

may 5/09 sent two letters.one disputing the time factor on the debt with no cca,the other letter stating that i still think that the debts are STATUTE BARRED irrespective of my payments to them and that they should provise evidence of payments or acknowledgements to the accounts PRIOR to JUNE 07.

Again thankyou for any comments you may have and for the time you give.....

[UnitedFront]

I would write to Crap Pot telling them that there was a 6 year gap prior to the latest payment and I would instruct them that they must PROVE that it is not barred.

 

I may also consider a SAR request to both Crap Pot and the OC. This will show the 6 year payment gap; thus proving the stat barred status.

 

 

Once a debt has become Statute Barred it cannot be un-statute barred. This is a typical lie made up by Crap Pot.

 

No doubt some of the experts will be along shortly.

 

UF

 

I am not a legal expert and I have no legal training. All of my posts are just my opinion and I cannot be held responsible for their accuracy or the way in which the information etc is used. If in doubt always consult a qualified professional lawyer.

 

 

Edited May 6, 2009 by UnitedFront

[sam614]

looks like application form to me:(

 

it is statute barred,

if there was a six year gap before june 07.they are trying it on.no amount of payment made since june can change that.

SAM:pLOWELL DETESTER

[anton1]

thanks unitedfront thats what i thought but all cabot state is you`ve paid us so six years dont count.I dont know how to get them to provide evidence as they just send a statement with the payments made to them.Forgot to add that i have sent a SAR request to the original creditor.thankyou for your help as well...

[anton1]

thanks sam614,the sticker on the front really threw me as to wether its a correct CCa or not,many thanks

[UnitedFront]

thanks unitedfront thats what i thought but all cabot state is you`ve paid us so six years dont count.I dont know how to get them to provide evidence as they just send a statement with the payments made to them.Forgot to add that i have sent a SAR request to the original creditor.thankyou for your help as well...

 

Yeah Crap Pot always try that one one. Its a much bulls**t now as it was the first time they stated it. Have a look around the forums at the Cabot threads..... they've tried this on with many a cagger - and failed misserably!!

 

I would definitely consider the SAR route though, as this would give you valuable ammo, should it come to it. But wait until some more people respond, with opinions and advice etc.

 

UF

 

 

I am not a legal expert and I have no legal training. All of my posts are just my opinion and I cannot be held responsible for their accuracy or the way in which the information etc is used. If in doubt always consult a qualified professional lawyer.

 

 

[anton1]

again many thanks UF.ive trawled the internet for ages trying to find something similar and should of come here first...

[UnitedFront]

again many thanks UF.ive trawled the internet for ages trying to find something similar and should of come here first...

 

This place has been a God send to so many people.

 

I haven't looked back since I found it and I know many other peope feel the same. Before long you will be batting away Crap Pots lies as a matter of second nature!!

 

UF

 

I am not a legal expert and I have no legal training. All of my posts are just my opinion and I cannot be held responsible for their accuracy or the way in which the information etc is used. If in doubt always consult a qualified professional lawyer.

 

 

[anton1]

now thats put a big smile on my face:)

[sam614]

have they actually stated in writting that it is not statute barred,due to the fact that you have been paying since 2007?

 

like unitedfront says,made up lie in the hope that you dont know any better,

see what responce you get back,and if the insist on trying to con you report them to OFT and TS.

SAM:pLOWELL DETESTER

[anton1]

yes sam,their first reply stated that i had acknowledged by payment in march this year so the account cannot be STAT BARRED. Have thought of reporting them but decided to hang on and wait to replies to letters i sent yesterday...thankyou

[UnitedFront]

now thats put a big smile on my face:)

 

See....... it's starting already!!!

 

UF

[anton1]

its quite amazing that weeks and weeks of worry can be dispursed just by coming here. and although the problems are not solved they do some how seem a little easier to deal with, thankyou so much

[UnitedFront]

its quite amazing that weeks and weeks of worry can be dispursed just by coming here. and although the problems are not solved they do some how seem a little easier to deal with, thankyou so much

 

You're more than welcome anton!!

 

That's what the cag is all about - taking back the control!!

 

Just remember that you are in control, not Crap Pot!!

 

There will always be people here ready and willing to offer help, advice and guidance on all issues, so the fight is not alone!!

 

Although before long, you may just get enticed into the up and coming sport of DCA baiting!!!

 

UF

[anton1]

thanks UNITEDFRONT biggest smiles ive had for a while.And even with my disability i think i could manage a spot of DCA baiting LOL im sure with the current climate it could become a national past time:D

[UnitedFront]

Good for you Anton!!! I'm glad I could be of some help

 

As the old saying goes my friend; Chin up and dont let the buggers grind yu down

 

UF

[anton1]

Forgot that maybe i should of added that CABOT also sent two letters with the alleged CCA that were entitled `representation of letter dated 16/01/03`.

One of the letters was an `assignment from BOS to KINGS HILL(NO1) and effective from 18/12/02?not sure why the dates are different(29 days apart?).

The second letter is notice that the debt was purchased by CABOT but this letter has no info on it? No date,account number,name,outstanding balance,ref number,account type or who it was purchased from its just a blank template printed out on the 29 Apr/09 and it states CARD TYPE?

The SAR request i sent was to `CAPITAL BANK PLC` and not the BOS as it is capitals name on the agreement/application(not really sure what it is).There is also a statement that shows my payments to CABOT starting in June 07 and last paid 9/Apr?09 i cancelled the March DD as they were in default to my CCA request.The letters to CABOT were signed for yesterday these outlined my dispute of accounts as being STATUTE BARED and also asking why the terms etc were not relevant to the account etc.The SAR request to CAPITAL BANK PLC has just been signed for today.Is anyone able to clarify that the CCA sent to me is actually correct especially as the application stick is throwing me completely,ive read the page about what it should contain but to be honest(cornish brain)i still cant work it out.again thankyou all for the comments and help you give....

[anton1]

oh and to the best of my knowledge BANK OF SCOTLAND have never registered or rather i cannot find any default on my credit reports when i last looked.not sure if thats of any relevance?apart from that could mean the six years have passed and they have dropped off of the reports(last checked last month)

[anton1]

hi there,just an update to the letters i sent to CABOT regarding my cca and the SAR request to the original creditor.

The SAR request has been acknowledged but they will not process my request until i send them a copy of my signature? do i send this? i did send a copy of my passport and my most recent council tax bill.I have not had any dealings with the OC since 2001 so have never recieved any correspondence from them at my current address.

CABOT reply is to my `ACCOUNTS IN DISPUTE`letter.firstly it only mentions one of the two accounts and most supprisingly it is the one that they `are having difficulty with obtaining my CCA from the OC`its the usual quote data protection blah blah and at the end of the letter tells me that it is irrelevant to my case as `I SIGNED A CREDIT AGREEMENT` WHICH GIVES cabot as a third party permission to use my data and register it with a CRA.The thing is this the account in which they cannot yet locate my CCA which means surely that they have no proof of a signed CCa and thus means they cannot process my data(am i right to think that?)

[anton1]

i only ask about the signature as i read the cases of OC`s using sigs for their own gain as it were?

[anton1]

Could someone take a look at this reply to CABOT refusing to stop processing my data and let me know if its ok please.many thanks

 

 

I do not acknowledge ANY debt to your company

 

 

ACCOUNT IN DISPUTE

 

 

CABOT REF :

ACCOUNT REF:

MY REPONSE TO YOUR CORRESPONDENCE

I refer to my letter dated 27th April 2009 and your response dated 7 May 2009 and to the only Cabot reference number mentioned in your response...

You clearly state why you feel that you are allowed to process my data and give the example on page two of your response behind that belief AND I QUOTE

"AS YOU SIGNED A CREDIT AGREEMENT WHICH HAS BEEN ASSIGNED TO CABOT FINANCIAL (UK)LIMITED,OF WHICH THE TERMS WE ARE ENTITLED TO ENFORCE,SECTION 10(1) OF THE DPA DOES NOT APPLY TO YOUR CIRCUMSTANCES".

You have clearly stated that as to date you have not been able to locate my original signed CCA for this account which i have disputed in prior correspondence ,which means you have as of yet no proof of `A SIGNED AGREEMENT` .Surely that then makes SECTION 10(1) OF THE DPA fully appliable to myself and this case as i certainly have as of yet no signed agreement with your company `CABOT FINANCIAL (UK) LIMITED` further more as you do not(as of yet!) have a signed agreement you certainly have no right to process my data and to process information with a CRA!

PARAGRAPHS 1 TO 4 OF SCHEDULE 2 OF THE DPA STATES:

Conditions relevant for the purposes of the first principle: Processing of any personal Data

1.The data subject has given his consent to processing. NO CONSENT GIVEN AND (AS OF YET) NO PROOF SUPPLIED BY CABOT

2.The process is necessary

A. For the performance of a contract to which the data subject is a party, or

B. For the taking of steps at the request of the data subject with a view to entering into a contract. THERE HAS BEEN NO PROOF SUPPLIED BY CABOT THAT THERE IS A SIGNED AGREEMENT AND THERE HAS CERTAINLY BEEN NO DISCUSSION OF EITHER MYSELF OR CABOT ENTERING INTO ANY AGREEMENT(AS OF YET).

3. The processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract. TO DATE THERE HAS BEEN NO EVIDENCE SUPPLIED UNDER MY REQUEST IN RELATION TO THE ABOVE ACCOUNT OF ANY CONTRACT BETWEEN MYSELF-HALIFAX-CABOT.AND WHICH THE BASIS OF MY DISPUTING THE ACCOUNT IS ...

(A)THE ACCOUNT WAS NOT ACKNOWLEDGED WITH EITHER PAYMENT OR WRITTEN ACKNOWLEDGEMENT PRIOR TO JUNE 2007 AND IS `STATUTE BARRED`.

(B) THE DCA(CABOT) HAS NOT PROVIDED ANY EVIDENCE IN RELATION TO THE ABOVE ACCOUNT AS TO HAVING ANY LEGAL RIGHTS TO THE COLLECTION AND SETTLEMENT OF THE ABOVE ACCOUNT.WHICH TO DATE MEANS THEY HAVE NO CONSENT TO PROCESS MY DATA OR ANYTHING ELSE IN RELATION TO THE ABOVE ACCOUNT REFERENCE.

So again I request that until such time that this dispute is rectified I request CABOT to stop the processing of my data in relation to the above account. Failure to respond to this communication in writing within the stipulated timescale of 7 working days, or if any response is by way of refusing to stop processing and sharing my data, I shall have no option than to escalate this matter to the Information Commissioners Office. If, after taking this measure, you still refuse to comply with my demand, I shall take the appropriate action through the legal system.

I trust i have clarified matters for you and set out my position clearly

yours sincerely

[sam614]

looks good to me:)

 

and you are right in your thinking regarding your signature.

SAM:pLOWELL DETESTER

[anton1]

thanks sam,would you know how i would approach the OC with their request for my signature? i cannot think of a way to not delay the SAR without provideing my signature to them?

[anton1]

should say ive tried the electronis signature but it looks nothing like my original signature! not sure if it should to be honest?

[anton1]

can anyone help with wether i send my signature as requested by OC after i sent a SAR?i have no prior contact in best part of seven years so i can understand them needing proof.i have already supplied a copy of my passport and latest council tax bill but concerned about the possibility of my sig being lifted.Would something like this do?

http://i576.photobucket.com/albums/ss209/marcog111/09052009236.jpg