Windywoo's OH v Cabot.

[Windywoo]

Didn't think it would be long.......!!

 

Another letter from Cabot, again with a copy of the Goldfish application form, however, this time they've sent complete T&Cs from 03/08, and prescribed terms which they claim to have been on the back of the application form - I think not!

 

No where, (that I can read) is the word "overleaf" mentioned on the form, the terms have 4 paragraphs missing - 1,2,7 and 8, so this has to be a copy and paste job.

 

How many more lies, and decept, along with fraud is this company going to be allowed to get away with.

 

Here's what they've sent this time!!

 

[debt4get]

the usual smoke and mirrors letter... is signed by both the debtor....oops forgot to finish AND THE CREDITOR

[sir fussalot]

Hiya. this is sir fussalot.

 

I'm in court to-morrow with the same,

 

my thread.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/245555-morgans-say-no-d.html#post2748004

 

All Cabrot have sent is the short application form, no T&C's

 

Their Assignment note is "reconstructed from what was sent" etc.

 

No D.N. notice, they claim they don't need one.as they are only collecting "arrears".

 

However, it comes to the same amount as the " total debt".

 

s.f.

[diddydicky]

was it the case that you were in arrears for so long before the OC terminated the agreement that the whole balance of the account was due in arrears??

[sir fussalot]

Hiya Diddy.

 

No.

 

Closed a/c after D.N. for arrears of £154.00p

 

"overlimit"

[Windywoo]

Got another letter from FIRE this weekend - they ARE sending a doorstep collector (oh, really!!) so that'll give us something to look forward to!

 

Nothing from Barclaycard, so just a waiting game!

[debt4get]

well, you are now going to have to go out and make sure your doorstep has been cleaned ready for them to pick up..god alone knows what they do with all these doorsteps??

[Windywoo]

I'm sick to death of the c**p this company spouts!

 

Going back to the CCA they sent us, how can the so called back of the agreement, allegedly containing all the T&Cs ( no reference to "overleaf" on the application form) date from 03/08, when the form was signed in 2004? Do they seriously think people are that thick and gullible?!!

[cerberusalert]

I'm sick to death of the c**p this company spouts!

 

Going back to the CCA they sent us, how can the so called back of the agreement, allegedly containing all the T&Cs ( no reference to "overleaf" on the application form) date from 03/08, when the form was signed in 2004? Do they seriously think people are that thick and gullible?!!

 

I'd be tempted to write and ask them to confirm that the T&Cs they've sent pertain to the application at the time of signing. If they confirm they are you'll have them by the gonads if they try to litigate.

[Windywoo]

That's a brilliant idea, their goose will be well and truly cooked if they do!!

[sir fussalot]

WW

 

Best of Luck.

 

Try to get them to confirm that this is the case..

 

I am in a court case with them now,

 

I have been supplied with the "customer action log".(so has the court)

 

I have found the entry that says "sent t&c's from '06" after my CCA request; The application form was from '02.

 

Needless to say, I shall point this out.

 

P.S.

Old Jamie from Cabrot has sent me the same letter you have. he must do about 200 copies a time.

 

s.f.

Edited February 22, 2010 by sir fussalot

[Windywoo]

 

Old Jamie from Cabrot has sent me the same letter you have. he must do about 200 copies a time.

 

s.f.

 

Yes SF, and I'd like Old Jamie to stick his letters right where the sun don't shine - pack of lies!!

 

Best of luck with your court case - give them hell!!

[diddydicky]

Yes SF, and I'd like Old Jamie to stick his letters right where the sun don't shine - pack of lies!!

 

Best of luck with your court case - give them hell!!

 

 

you mean......Manchester!

[Windywoo]

:D @ diddydicky.

 

Letter went off yesterday, lets see what lies they come up with this time!

[Windywoo]

A large envelope came through the letter box this morning containing statements from Goldfish, which incidently we already had courtesy of Cabot, and nothing else!

 

The covering letter explains that there is not a list for default charges, however, the charges are on the statements, and that is all!

 

Now, I'm wondering if this is all we are going to get in reponse to the SAR, if so it reveals nothing - no DN or TN, unless Barclaycard send the rest seperately?!

[spartathisis]

I am about 10 letters in front of you! Look at the last para on the first page, "The CCA is there for consumer protection", they admitted the same to me but didnt like it when I pointed it out to them

 

I have had no copy of the DN issued by the OC (I have the original n its dodgy:)) from them, just want to catch them out. The also state that I am not allowed to see the Deed of Assignment as its confidential, even though it mentions me by name n acc no (or should do).

 

I have pointed out every piece of legislation, inc case law, they have not complied with and also all the OFT codes they have not followed, they also know how poor my finances are, so if they go to court I intend informing the judge about their wasting the courts valuable time with vexatious litigation. If it works great, if not I will prob only have to pay a £1pm so great again:)

 

My dog has more sense than the staff at Crapbot.

[sir fussalot]

Spart..

 

I got the D.J. to get Crapbot to produce THE Deed of assignment in court

for my case

 

They said it would have to be "Redacted" due to "the commercially sensative nature", etc.

 

I had a small "book" come through.....

 

Every page was blacked out.. A/C name...blackout. Address.. Blackout.

date B.O., A/C history..B.O. status.. B.O. talk about taking the p

 

fussalot.

[spartathisis]

Was your account on there and did it have your correct name, acc no, amount and date of assignment? If any of these were wrong then how do you know it belongs to you;)

[sir fussalot]

Sorry to Hi-Jack your thread but it may help...

 

src="http://i892.photobucket.com/albums/ac129/cobeykid/yut.jpg" border="0" alt="Photobucket">

 

This is what I got from Cabrot when I told the D.J. that I had not seen any Assignment note.

 

They agreed to send the Assignment DEED to court, BUT,

 

it would have to be "redacted". because of sensitive information.

 

so sensitive they can't let me know if its for my a/c or not..

 

It's like that on EVERY page. I think it's contempt of court.

 

We'll see what happens when I ask for an adjournment so they can produce their authorisation to collect the debt..

 

thanks all.

 

fussey.

[alangee]

Sir F

 

My OH has exactly the same account sale agreement. On the facing page of that sale agreement, is there a handwritten note saying that the expiry date has been extended?

 

Alan

[Windywoo]

OK, another two days have passed since we received the statements, and we've had nothing else regarding the SAR.

 

Fired off the another letter to B/Card asking for the rest of the stuff, we really need to find out if there was ever a DN (we didn't receive one) and if the account was terminated - it's going to put a different light on this saga with Cabrot, if there's no DN or TN!!

[sir fussalot]

Windy /Alan...

 

Yes, underneath the, "account sale agreement"

 

 

(FORWARD FLOW-Monument : Post One Agency Expiring 30/6/06)

 

Then just above to the righthandside it is scrawled...

 

"30/12/06 see ***something** agreement." I cant make out what

 

the middle word is.

 

But I will ask for an explanation in court.

 

s.f.

[alangee]

Sir F

 

If they have extended the agreement, then they need to show you the authority for it. A scribbled note saying it has been extended hardly authorises the extension.

 

So what they have supplied is a generic agreement between Barclaycard and Cabot. Was your account ever transferred to Barclaycard? If Monument sold it to Cabot before it was transferred to Barclaycard, then that sale agreement is not relevant.

 

Alan

[Windywoo]

An update

 

I wrote to B/Card asking for the rest of the documents, have just got a letter back from them saying they sent the SAR on 23rd Jan (correct) and that if we need the documents again, then they would be happy to send them along with a signed letter of authority.

 

Now the problem is, we need these documents (not statements) so I've just concocted another letter demanding they fulfil the SAR (assuming of course they have these documents in their posession and that they were not disposed of when they took over Goldfish!! - is that possible??)

 

Presumably this would all add up in our favour SHOULD Cabot try and take this any further. BTW, we haven't had any acknowledgement from them as regards to the T&C's which I asked them to confirm were on the back of the application form!! Disappointingly FIRE have not yet made their doorstep visit - shame!! LOL

 

Can I just ask you all, has anybody ever received a full SAR for a Goldfish/Bcard, to include all the documents??

[Windywoo]

Right, just got this through the post this morning:

 

"I note your concern regarding the terms and conditions previously sent to you. Please be advised that we previously enlosed a copy of the terms and conditions applicable to your account at the time the account was opened. In addition, we enclosed an updated version of the terms and conditions pertaining to your account, as these included any amendments and variations to the date of assignment of your account to Cabot"

 

So, they haven't confirmed in writing that the T&Cs dated 2008 were on the back of the application form dated 2004 - shame! The T&Cs they sent purporting to be those applicable to the account when it was opened, are a joke!

 

Still don't know whether this account was defaulted and terminated by B/Card 'cause all they sent were statements. Is there anyway we can get a full papertrail of data from them, has it been destroyed??