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

[UnitedFront]

If you have already sent a copy of your passport, then I would personally question any merit of them asking for a signature. As I understand it, the law requires that they take reasonable steps to verify who you are before releasing details; and I would personally say that a copy of your passport is sufficient for this.

 

7.

(3) Where a data controller—

(a)

reasonably requires further information in order to satisfy himself as to the identity of the person making a request under this section and to locate the information which that person seeks, and

 

(b)

has informed him of that requirement,

 

the data controller is not obliged to comply with the request unless he is supplied with that further information

 

My personal opinion is that a copy of your passport and a Council tax bill are sufficient proof that you are the correct person, perhaps we could have some expert opinion here though please?

 

I would personally write them a letter including the photocopies you have already sent, detailing the above law and then demand that they satisfy your reuest without any more attempts at frustrating matters.

 

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]

Thankyou unitedfront,They said i have until the 21st to provide them with my signature, but i dont want to delai it to much as of my arguement with Cabot. The thing is they sent the copy of the council tax bill back ,but have kept the copy of the passport with my photo(i put a little sticker over my signature).

[anton1]

how do i get expert opinion unitedfront? is it possible to push someone in my direction for advice?again thankyou for all the time and advice given..

[cymruambyth]

Hi who says that the signature supplied has to look anything like your usual signature? When I sent mine for a SAR it was totally different from anything I have ever used and was not questioned!! Otherwise drawing a line through your name can also help to recognise if anyone has 'been creative'

Good luck with my friends, they love sending me letters:D

[anton1]

many thanks cymruambyth much appreciated. I think i will send the signature and alter to one that is not normally used and with a few extras;).again many thanks

[cerberusalert]

Just get someone else to sign your name, preferably someone who is left handed if you're right handed or vice versa.

[anton1]

thanks again cerberusalert the left handed sig will be a great idea. i wondered if you could look at the CCA sent at the beginning of this thread and wether you think its ok or not,ive read so many threads and just cannot work out whats right and whats wrong.again thank you for you time on this

[cerberusalert]

I've sent you a private message, but the gist of it is that the CCA does contain the prescribed terms and would be enforcable if it isn't statute barred.

[anton1]

thanks cerberusalert have read the pm, im 99% sure its STATUTE BARRED and hopefully the SAR will show that once it arrives.many thanks for your time...

[anton1]

Have again recieved a reply from CABOT staing that the alleged debt is not statute barred because payment was sent in march 2009.Its like banging my head against a wall.Could some one take a look at my reply and see if its ok to send back to them please..again many thanks for your time, comments and help.....

 

 

Thank you again for your reply dated 11 may 2009 which i received today 13 may 2009. Its contents are again duly noted.

 

I have been paying your company `CABOT` since 27 June 2007 and never missed a payment. I in my own stupidity and ignorance never once questioned this debt and took your word `that i owed it, i pay it`. I sat here a few months ago looking at my circumstances and due to my disability my inability to earn a respectable wage, it was then that CABOT sent a letter saying we will increase your monthly payment too!!! So i did a budget planner and realised we were stretched to our limit so no way can i pay more, i then looked at the two ALLEDGED accounts that i held with CABOT and based on the amounts and repayments noticed that i will turn the ripe old age of 110 yrs on my last payment to these alleged debts?

Knowing my disability will progressively get worse and thus capping my ability to change my circumstances and kicking myself for not questioning the `ALLEGED DEBTS` i sort advise. Now you guys know the ins and outs far better than myself, however your inability to supply my simple request beggars belief. So i am going to try and put my request in layman terms that i understand and hopefully you will be able to grasp.

 

(A) yes i have paid you since June 2007 (we both agree this)

(B) The debt is for a loan(not credit card) and is from November 1999.(we both agree this, although Cabot do not seem to know what kind of debt this is due to the sending of terms and conditions not relating to this account)

© Too the best of my knowledge the debt was not acknowledged by myself in either a payment or written letter from 2001 (you don`t know this either).

(D) The alleged debt became defaulted on the 30/05/2001(you agree this as you sent me a letter stating this).

(E) As the first payment to you company by myself was the 27/06/2007(your statement tells me this) then that is a gap of 2219 days which equates to exactly 6(SIX)years and 28(TWENTY EIGHT) days(you may not agree this but any online calculator will prove my calculations are correct)

(F) I have simply asked for CABOT to supply evidence of any activity by myself between the dates of 30/05/2001 and 26/06/2007 with acknowledging this alleged debt.(you have not done this and seem to be trying everything but this).

So how do we as adults end this dispute? In my limited knowledge the answer appears quite simple and that being SUPPLY ME WITH EVIDENCE OF ANY ACKNOWLEDGEMENT TOWARDS THIS ALLEDGED DEBT BETWEEN THE DATES OF 30/05/01 AND 27/06/07. Surely as you are the company assigned this debt then you have all the information you need to supply that extremely simple request? Surely as a company built on the collection of debts you can supply the simple evidence that i have requested? Yet CABOT in all their knowledge seem to be able to repeatedly repeat themselves by stating that payments made after 27/06/07 makes this debt NOT STATUTE BARRED?

I do not in any way shape or form claim to have any expertise on this matter but i do have the use of the internet and a very simple google search tells me that once a debt is STATUTE BARRED it cannot become UN-STATUTE BARRED, yet CABOT are trying to deliberately mislead me into thinking that the debt is not STATUTE BARRED by refusing to supply simple proof of my request, that being to show me that i acknowledged this account between 30/05/01 to 26/06/07 with either a written letter or a payment.

 

Until i am supplied with my request then this account will as far as i am concerned remain `IN DISPUTE` unless you as a company decide otherwise. Please note that the guidelines that i base my answers on are readily available from the OFT, NATIONAL DEBT LINE, THE AMAZINGLY USEFUL FELLOWS AT CAG, AND SIMPLE GOOGLE SEARCHES.

IF CABOT REFUSE TO SUPPLY THIS INFORMATION WITHIN THE NEXT 14 DAYS I WILL HAVE NO HESITATION IN MAKING A COMPLAINT TO THE OFT MY LOCAL TRADING STANDARDS AND LOCAL MP AND TO ANY ONE ELSE THAT IS RECOMMENDED TO ME.YOU HAVE DELIBERATELY AND INTENSIONALLY TRIED TO MISLEAD ME AND YOU ARE INTENSIONALLY REFUSING TO SUPPLY PROOF OF AN ALLEGED DEBT BEING EITHER STATUTE BARRED OR NOT?

EITHER STATE CLEARLY THIS ACCOUNT IS NOT STATUTE BARRED BECAUSE ACKNOWLEDGEMENT OCCURED BETWEEN THE DATES GIVEN............

EITHER STATE THAT CABOT CANNOT SUPPLY THE REQUESTED PROOF AND THE MATTER OVER STATUTE BARRED IS CLOSED.SO WE THEN CAN COME TO SOME FORM OF AGREEMENT OVER THIS ALLEDGED DEBT........

Edited May 13, 2009 by citizenB
Just tidied up a bit and removed formatting.

[UnitedFront]

I personally wouldn't even bother going into as much detail as you have done, if I'm honest. The idiots at CrapBot are exactly that...... idiots.

 

I would keep any letter short and simple, explain to them your final position and tell them to go whistle.

 

Cheers.

UF

[anton1]

thanks UF,should i just state the dates asking for proof between them and my final statement on the matter?

[UnitedFront]

Hi, if it was me I would send something along the lines of the following, but this is obviously just my opinion having had many dealings with Crap Pot. Other people may not agree with me however.

 

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

OR ANY COMPANY YOU PURPORT TO REPRESENT

 

TO BE TREATED AS A FORMAL COMPLAINT

 

 

Dear CrapPot

 

I confirm receipt of your letter dated XXXXX, the contents of which I note. As you are aware, it is my contention that the alleged debt with the above reference number is Statute Barred owing to a clear gap of 6 years between XXXXX and XXXXXX where no payment or acknowledgement was made.

 

You are no doubt aware that a Statute Barred debt CANNOT EVER BECOME UN-BARRED. For this reason, it is also my contention that your most recent correspondence is a frivoulous attempt to extract moneys from me, despite the fact that enforcement by a court is clearly not available to you in this instance.

 

On numerous occassions I have requested that you provide me with proof that this alleged debt is not Statute Barred, you have to date adopted a very unprofessional approach of simply restating your belief that my claims are untrue. I firmly remind you that the entire burden of proof falls upon Cabot. As such your failure to supply me with evidence as to the true status of this alleged debt and/or stop all collection action on this account will not be tollerated.

 

Be advised that copies of all correspondence in this matter are being complied into a dossier of evidenced that shall be sent to all relevant authorities in order to assist in my complaint regarding your handling of this matter. These authorities may include, but are not limited to, the OFT, Tading Standards and the Information Commissioner.

 

I insist that you furnish me as a matter of urgency with evidence to support your claim of money owing and your assumption that this alleged debt is not Statute Barred. I also insist that you forward to me as a matter of urgency a copy of your Formal Complaints Procedure. I understand that this is my right and that you are obliged to provide this to me.

 

Please ensure that your response actually addresses the points that I have raised and is not simply a computer generated response which, under the circumstances, would be wholly inappropriate.

 

 

Yours Sincerely

 

XXX

Cheers.

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]

thats perfect.i trust in your recomendations and will send a copy of your response.thanks UF i do appreciate your help on this.....

[UnitedFront]

You're quite welcome. I'm glad I can be of some help. Cabot are truly a horrible bunch of people (in my humble opinion) and they don't care ab out the rules. Stick it to em with something sharp and pointy

 

UF

[anton1]

i will indeed do all i can to frustrate them with an eagerness not felt since i was a sprightly 18 year old.thanks again:D

[UnitedFront]

i will indeed do all i can to frustrate them with an eagerness not felt since i was a sprightly 18 year old.thanks again:D

 

GOOD FOR YOU!! I'm so glad you are feeling newly refreshed and ready forbattle!!!!

[anton1]

im not sure of any relevance to my arguement with DCA but i was reading a few threads when i remembered the original loan mentions credit care bronze.An insurance policy on the loan.I looked on google to find the relative info about that policy and came across a section called customer care.in this section it states that

The parties do not intend any term of this agreement to be enforceable by a third party

pursuant to the contracts (Rights of Third Parties) Act 1999.

 

does this mean that no party other then the original creditor can enforce this part of my cca? sorry to be a pain just trying to explore every avenue as still not heard from dca....yet

also should the credit care bronze have seperate conditions and should my cca have anything informing me of my rights to cancel..as always thankyou for your help on this matter if only to make things clearer for me:)

[anton1]

ok just an update..sent letter requesting proof of an acknowledgement to the alleged account and today recieved these...

http://i576.photobucket.com/albums/ss209/marcog111/21052009240.jpg

http://i576.photobucket.com/albums/ss209/marcog111/21052009241.jpg

i have no idea if they are correct but it states a payment made in september 01 which flaws my arguement over the statute barred theory!!!and as others have pointed out that the cca is enforceable i presume my next port of call is making an arrangement to pay CABOT?I am still waiting for my SAR from the OR on this account,any advise will be much appreciated and with much thanks...

As to my other alleged account.CABOT have now forwarded me the terms and conditions for a credit card no signatures or really any reference to the alleged account and this CCA....

http://i576.photobucket.com/albums/ss209/marcog111/21052009242.jpg

now im presuming this is just as it says an `application form` and not an enforceable cca?but i would like some help with it if i may ask and i really do appreciate every comment.

[cerberusalert]

If the last payment was made Sept 1st 01 it would have become Statute Barred sept 1st 07....nearly two years ago.

[anton1]

first payment to cabot was made by me on 27/06/2007.have been paying them ever since(upto cca request on both accounts).thankyou though:)

[anton1]

does anyone believe this to be a correct cca please?

http://i576.photobucket.com/albums/s...1052009242.jpg

am banging my head as im again at a loss as to what to do!both the cca`s sent for each account have `APPLICATION FORM` on them, the first ive been told is enforceable and not statute barred,the one for the other account sent today im still unsutre of.again thankyou for time and comments which are really appreciated.

[anton1]

can any one help?please

[cerberusalert]

It is unenforceable, it contains non of the prescribed terms.

[anton1]

thankyou cerbusalert,i will fire off a letter as per the first cca and see what they send back.on the enforceable one i must admit defeat and make some form of offer or stick to the one i had before disputing the 2 accounts.many thanks for your help