Windywoo's OH v Cabot.

[Windywoo]

Worth a thought I suppose!

 

We never received a default notice from Barclaycard when they took this account over from Goldfish, in all intents and purposes, should there have been a DN, the last payment OH made into the account, would have satisfied the default anyway - it doesn't add up! When we got all the bumph from Cabot, minus the credit agreement, there was nothing to say the account had been defaulted - not even one of their dodgy reconstructions!!

[Windywoo]

Another update to this thread!

 

Sadly (for Cabot) we decided against taking them up on their generous offer ( charity begins at home, this time of year lol). Lo and behold, another threatogram, this time doorstep collectors:eek:!!

 

Bring it on Cabot, I'll be waiting and you still won't get any money!!

[Windywoo]

Definately need some help!!!

 

After my last update to this thread we received another couple of letters from FIRE asking for money which were duly ignored. Lo and behold, and after 18 months, this is what they have sent me in todays post, they have found the alleged agreement!!

 

Please could somebody have a look and advise as to enforceability

 

Pictures by windywoo - Photobucket

 

I have removed all the personal stuff TY.

[Windywoo]

Another bit of info:

 

I've dug out the statements Cabot sent us a few months ago, bearing in mind that we did not receive a DN and the money which was paid afterwards (before Cabot introduction) would have just about satisfied the arrears, presumably this makes a difference?! The account was automatically charged off, no mention of default!!

 

After reading around the site, could this mean that the agreement was recinded ie the account no longer exists, and that all Cabot/OC could ask for would be the arrears that existed prior to the termination. I'm just trying to get everything straight incase this goes to court!!

 

TY

Edited January 13, 2010 by Windywoo

[Windywoo]

Bumping up

[Windywoo]

Bumping again

[diddydicky]

i have re read the thread and refer back to the opening post

 

the creditor has admitted that the debt is legally unenforceable and irrecoverable

 

any attempt by anyone buying the debt to pursue the debt legally would be undone by simple production of that letter to a court

 

although worth a try you are NOT (IMO) going to get the adverse removed since clearly , although not legally enforceable, there is enough proof that you did borrow money and did not keep up the payments

 

it is IMO a fallacy and folly for people to think that because there is no agreement that there is no proof of a debt

 

personally i would consider that i have had a right result and just live with the adverse for 6 years and file unanswered EVERY threatening letter (unless of course an agreement pops through your letterbox)

 

if the OC couldnt find it- then an assignee has no chance.

[debt4get]

i totally agree even though the debt is unenforceable getting the adverse removed will probably be next to impossible... the debt still exists, morally..but then when dca's start acting responsibly, legally and morally they may find that they start to get results, instead of hounding, given people information that is incorrect, having unenforceable agreements etc etc

[veryweary]

After reading around the site, could this mean that the agreement was recinded ie the account no longer exists, and that all Cabot/OC could ask for would be the arrears that existed prior to the termination.

TY

 

Yes. There seem to be a lot of accounts that Goldfish sold to Cabot without prior issue of a Default Notice.

 

Read some of Pinky69's threads on Cabot and invalid/lack of default issues which contain a goldmine of information on this and recission of contract. .

[Windywoo]

TY everyone, so are we saying that the paperwork they have produced purporting to be a credit agreement is not, and the fact that they admitted in the first instance that the account was irrecoverable, would stand up in court if need be?!

 

After very close examination of the paperwork they have sent, the "agreement" does not have the prescribed terms, the T&Cs they sent have paragraphs one and two missing (copy and paste job?!) which probably would be the ones with charges for late payments etc, and the illegible ones, clearly state Morgan Stanley and therefore have no relevance to the documents at all.

 

The covering letter says they will begin collection activities again in 14 days time, and to negotiate with FIRE, do I then file in ignore, or send them another letter saying they haven't fulfilled their obligations?!

 

I believe that because this is quite a substantial amount, they are not going to go away quietly, as they did with mine!

 

Thank you all

[diddydicky]

i have to apologise in that i MISSED that they had "turned up" the agreement

 

so lets start again- have the OC cabot or anyone else claiming to act on or own the debt ever sent you a letter demanding that you pay the whole outstanding balance of the account?

 

even if the letter just states "outstanding balance" and asks you to pay?

 

if so please post it up

[Windywoo]

 

have the OC cabot or anyone else claiming to act on or own the debt ever sent you a letter demanding that you pay the whole outstanding balance of the account?

 

 

No, never!

 

We did not receive any correspondence from Goldfish when Barclaycard took over the alleged account, all we had was a letter from B/C after it had all taken place. The next thing, Cabot surfaced claiming to be the new owners of the account with their usual concocted NoA and "hello" letters.

 

Do you think it was be an idea to SAR B/C to see if they can produce a DN?

 

TY for your help, this is doing my head in!!

[diddydicky]

so what money were FIRE asking you for?

[Windywoo]

Sorry, we are talking at crossed purposes here!!

 

I believe FIRE are just another desk in the Cabot set up, and YES, they are asking for the full amount as Cabot were/are (although they have offered generous reductions LOL) sorry, I'm getting a bit confused!!

 

I suppose in theory they're not entitled to the full amount in the abscence of a DN, only the arrears. As I previously mentioned, a substantial amount was paid off the account which would have nearly cleared the arrears, however, the account was charged off and the money which was paid, shows as "vendor" payment on the statement which Cabot sent (invoice).

Edited January 14, 2010 by Windywoo

[diddydicky]

ok i too am confused

 

lets start again

 

why did cabot buy the debt? you must have defaulted with barclays for cabot to be involved

 

you say you never had a DN?(from Barlcays) that would be odd

 

you never had a NOA?

 

you need to SAR the original creditors (goldfish and Barclays) - lets find out what their records say

 

you mention a demand from cabot in post 17 THAT must have been for the full amount!!

[Windywoo]

I've no idea why Cabot bought the debt! Reading around the forum it seems that B/C offloaded alot of the Goldfish accounts to Cabot!

 

I am 100% certain, that we didn't recieve a DN or TN from Barclaycard, as I said, we had no knowledge until Cabot came knockin with their "NoA" supposedly from B/C!

 

I'll send an SAR to B/C tomorrow and see what we get!

 

TY for your help

Edited January 14, 2010 by Windywoo

[diddydicky]

make sure you have a whole shelf free

 

if its anything like my barclays sar the bloody stuff just keeps coming and coming and coming and......................................

[Windywoo]

Ok, plan of attack!

 

I will send Cabot the unenforceable CCA letter, I know from experience they won't be having any of it, but hey ho, and SAR B/Card to see if there was ever a DN!

 

Any other comments would be gratefully received!

[Windywoo]

Ok, after sending B/Card SAR request, they've returned my letter and payment with a covering compliments slip which says:

 

"I am unable to trace an account for you at the address provided, please provide an alternative address or your B/Card a/c number (5301)"

 

Thats weird, I clearly headed the letter with Goldfish and the account number - if they've got no trace, did they then destroy all the data on the Goldfish accounts they sold off, and those they kept, gave them all new numbers???

 

Should I send my request again, and make it clearer as to what I'm asking for. We really need this info, to find out if there's was a DN and TN.

 

Any advice please!!

[diddydicky]

how long have you been at that address?

 

your SAR demands production of ALL INFORMATION that the company holds about you and is not limited or restricted to the one account

 

i would give them NO information about other cards or accounts but just concentrate on the address queery

 

if you recently moved you may need to give the previous address and to clarify remind them that you want ALL information held about you.

[Windywoo]

LOL, I've only been at my address for the last 26 years!!

 

I've written to them asking for the information again - we've got no other cards or accounts with them, so I can't see the problem!

[miss muppet]

Except for them!!

[diddydicky]

then you just need to remind them that this is the address that you were at when you conducted business with them confirm the postcode and the account reference and tell them that the clock is still ticking and that the fine for non compliance is up to 5000 pounds

[Fred Bassett]

I subscribe to a lot of Cabot posts and so much of this is very familiar indeed. Mine was a Morgan Stanley, then Goldfish, then Barclaycard Account. My 'agreement' was an application form without the necessary prescribed terms and with 3 different sets of terms and conditions which couldn't be cross-referenced.

 

Also, I got the 'hello' letter (primary mail merge document) and eventually the NOA or at least something that told me 'This is what it would have looked like'

 

Cabot have made a huge blunder. I am certain that if we all stick closely together on this, they can be defeated. They are telling lie after lie after lie and are trying to re-write the CCA and pull the wool over the Judges' eyes.

 

Regards.

 

Fred

[volvo]

In a similar situation with Cabot Fred

 

Subscribing

 

VOLVO