Jump to content

You can now change your notification sounds by going to this link https://www.consumeractiongroup.co.uk/index.php?/&app=soundboard&module=soundboard&controller=managesounds

 

You can find a library of free notification sounds in several places on the Internet. Here's one which has a very large selection https://notificationsounds.com/notification-sounds

 

 

BankFodder BankFodder

 

BankFodder BankFodder


style="text-align:center;"> Please note that this topic has not had any new posts for the last 3958 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Cabot are filing monthly defaults on my credit files in relation to an Associates credit card agreement.

 

I had the card (low balance high interest) ages ago - so long I can't remember. Cabot haven't listed the start date on the file entry. The first default was in May 07 which is absolute male bovine excrement! I've only just started paying attention to my credit files so I've only just clocked to what they're doing. They tried to set Clarity on me (which even I managed to see off pre-CAG!); Clarity were the ones who informed me who the OC was (it doesnt show on the Cabot file entry).

 

I definitely haven't had a DN. Is a CCA the way forward on this one?

 

Many thanks!


"Evancosmo" is short for the evanescent cosmopolite.

 

THE TRUTH WILL SET YOU FREE :rolleyes:

 

1st Credit: CCA request sent

Cabot: failed to provide CCA - s.10 DPA letter sent

Capquest#1: failed to provide CCA - s.10 DPA letter sent

Capquest#2: failed to provide CCA - s.10 DPA letter sent

Abbey: on going

Equifax: "attributable data" CCJ removed - Aug 09

 

Share this post


Link to post
Share on other sites

Hi evancosmo!

Probaly would be a good move to cca them to see if they got an enforceable agreement!Is it a credit card? What year did you open account?If you cca them though best not to sign it just print your name;)

  • Haha 1

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Share this post


Link to post
Share on other sites

Yes Yes And Yes

 

Cca Them Today

 

O By The Way The House Rules Do Not Speak To These People Ever

 

 

Lilly

  • Haha 1

Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

Share this post


Link to post
Share on other sites

Thanks Sunflower. I'll do a cca today. Been wondering whether it is enforceable or not given Clarity backed off so rapidly & bounced it back to Cabot (although some of the threads on here reckon they're not exactly heavyweights!)

 

Another interesting point is Clarity (the DCA Cabot set on me originally) contacted me at my current address but Cabot is still filing the default at a previous address. I'm not even convinced that this was the address at the time i had the card. Like I said it seems like ages ago may even be approaching statute bar deadline.

 

thanks for the input.


"Evancosmo" is short for the evanescent cosmopolite.

 

THE TRUTH WILL SET YOU FREE :rolleyes:

 

1st Credit: CCA request sent

Cabot: failed to provide CCA - s.10 DPA letter sent

Capquest#1: failed to provide CCA - s.10 DPA letter sent

Capquest#2: failed to provide CCA - s.10 DPA letter sent

Abbey: on going

Equifax: "attributable data" CCJ removed - Aug 09

 

Share this post


Link to post
Share on other sites

House rules duly noted Lilly! Thank you!


"Evancosmo" is short for the evanescent cosmopolite.

 

THE TRUTH WILL SET YOU FREE :rolleyes:

 

1st Credit: CCA request sent

Cabot: failed to provide CCA - s.10 DPA letter sent

Capquest#1: failed to provide CCA - s.10 DPA letter sent

Capquest#2: failed to provide CCA - s.10 DPA letter sent

Abbey: on going

Equifax: "attributable data" CCJ removed - Aug 09

 

Share this post


Link to post
Share on other sites

Glad to have been of help! looking good if it near statuebarred and an old agreement! :D


Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Share this post


Link to post
Share on other sites

CCA & £1 postal order went recorded delivery this afternoon so let's see what occurs! :rolleyes:


"Evancosmo" is short for the evanescent cosmopolite.

 

THE TRUTH WILL SET YOU FREE :rolleyes:

 

1st Credit: CCA request sent

Cabot: failed to provide CCA - s.10 DPA letter sent

Capquest#1: failed to provide CCA - s.10 DPA letter sent

Capquest#2: failed to provide CCA - s.10 DPA letter sent

Abbey: on going

Equifax: "attributable data" CCJ removed - Aug 09

 

Share this post


Link to post
Share on other sites

Good on you!:D i bet they hate it when they see they reeled in someone who knows their righst! I notice on some threads recently where people have requested ther cca the DCA throws the rattle out of the pram ands send a very sulky letter saying how dare people use debt mamagement companies and dare to educate themselves on the law:D plonkers!;)


Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Share this post


Link to post
Share on other sites

also i do believe, that they, are aware of a certain web based help site

 

i have often wonder is it us no surly not

 

VIVA CAG


Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

Share this post


Link to post
Share on other sites
also i do believe, that they, are aware of a certain web based help site

 

i have often wonder is it us no surly not

 

VIVA CAG

Hi Lilly White

Lol! I think DCAs starting to hate Cag! Those letters they starting to send out smack of desperation if you want to see a goog letter to write in reply to them and have a laugh you ought to look at Lexis one she posted on my crapital one thread!:D Keefyboy is actually going to send Crapital one that letter! i dared him too!:D Here is the linkl!- post 1128 on - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172543-just-recieved-signed-capital-57.html


Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Share this post


Link to post
Share on other sites

Sunflower

 

Are You Well Yes I Have Been Following Your Story I Am Very Impressed

 

Your Story Must Be The Longest I See Well Over A 1000 Treads.

 

As Always Kind Regards To You Who Watch

 

Lilly White


Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

Share this post


Link to post
Share on other sites

guys - I haven't smiled this much in ages.

 

If you want a grin, see my Robinson Way & Capital One thread for a ruck that is shaping up really nicely! I can't wait to get them in a headlock! :D


"Evancosmo" is short for the evanescent cosmopolite.

 

THE TRUTH WILL SET YOU FREE :rolleyes:

 

1st Credit: CCA request sent

Cabot: failed to provide CCA - s.10 DPA letter sent

Capquest#1: failed to provide CCA - s.10 DPA letter sent

Capquest#2: failed to provide CCA - s.10 DPA letter sent

Abbey: on going

Equifax: "attributable data" CCJ removed - Aug 09

 

Share this post


Link to post
Share on other sites
Sunflower

 

Are You Well Yes I Have Been Following Your Story I Am Very Impressed

 

Your Story Must Be The Longest I See Well Over A 1000 Treads.

 

As Always Kind Regards To You Who Watch

 

Lilly White

Hi Lilly White!

Yes i think my Crapital one and MBNA thread are going for the record of longest threads on CAG! LOL I have to have a chuckle when i think of our lovely bank guests wading their way through them trying to pick up info about me! LOL It must take them a few hours! to see what i am up too!:D As Gaz said to me once as a joke -that by the time they read through all those threads my account will be staue barred!:D


Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Share this post


Link to post
Share on other sites
guys - I haven't smiled this much in ages.

 

If you want a grin, see my Robinson Way & Capital One thread for a ruck that is shaping up really nicely! I can't wait to get them in a headlock! :D

Hi evancosmo

Will take a look!:D


Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Share this post


Link to post
Share on other sites
Hi Lilly White!

Yes i think my Crapital one and MBNA thread are going for the record of longest threads on CAG! LOL I have to have a chuckle when i think of our lovely bank guests wading their way through them trying to pick up info about me! LOL It must take them a few hours! to see what i am up too!:D As Gaz said to me once as a joke -that by the time they read through all those threads my account will be staue barred!:D

 

A cunning plan, well for me today i think i will be found under the shade of a tree.

 

lilly


Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

Share this post


Link to post
Share on other sites

Hi lilly

I seem to spending most of my summer break in front of this computer! LOL I think i am going to take root here!:eek:


Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Share this post


Link to post
Share on other sites

Well the nice people at Cabot sent me a lovely letter which I received yesterday acknowledging my CCA request. They returned my £1 PO too! Bless! Yeah, whatever!

 

They admitted they don't have a copy of the CCA & have requested it from OC. They are "confident" this will be within 12 days or they will write to inform me otherwise.

 

Now this is where it starts to get interesting.....

 

I'd assumed that this was in connection with the approach that Clarity made to me in January (blew them off even before I got clued up on this blessed site). When Clarity's compliance manager contacted me to say that the file was closed & passed back to Cabot the original debt was for an Associates CC (which I vaguely remember YEARS ago - probably even statute barred, which is why I thought they backed off so quickly)

 

Now the letter from Cabot yesterday said that this was in relation to a Vanquis card which was far more recent.

 

Now, I'm the most unorganised, sloppy creature until I get the bit between my teeth at which point my attention to detail becomes anal! I've compiled a composite spreadsheet of all negative information on my files (there is a bit unfortunately had a breakdown in 04-05 - the works - emotional, mental, relationship, lost job you name it; it happened. Hence my attitude at the moment is that an "agreement" is defined by the Cambridge dictionary is being "a decision or arrangement, often formal and written, between two or more groups or people". Two parties. Both with responsibilities. I don't see why I should uphold my end of an agreement if the other party can't be bothered to uphold theirs).

 

 

Anyway, I'm digressing. Now this spreadsheet runs chronologically with all information on defaults etc detailing the creditor, the OC, start & default dates, amounts & which CRA it's registered with. Cabot have this debt defaulted on Callcredit in May 07 & have entered default info every month since. A quick cross reference shows that Vanquis have entered this account on Equifax & marked the account as "settled" in March 2008.

 

So where do I go from here? s.10 DPA to Cabot? Already printed off the Equifax report & taken a screen capture for future reference.

 

I have a similar scenario with Robinscum Way & Crap1 but the Crap 1 account is marked as settled before the Rob Way default.

 

Any thoughts on this??


"Evancosmo" is short for the evanescent cosmopolite.

 

THE TRUTH WILL SET YOU FREE :rolleyes:

 

1st Credit: CCA request sent

Cabot: failed to provide CCA - s.10 DPA letter sent

Capquest#1: failed to provide CCA - s.10 DPA letter sent

Capquest#2: failed to provide CCA - s.10 DPA letter sent

Abbey: on going

Equifax: "attributable data" CCJ removed - Aug 09

 

Share this post


Link to post
Share on other sites

Well the 12+2 days since the s.78 request have been & gone & heard nothing back from Cabot so they are now in default. In spite of their promise to write to me if they couldn't respond by the statutory deadline; I've heard nothing (I sent three seperate s.78 requests for different issues & havent received a single reply! Are they really that bad at this??)

 

So guys, am I right in thinking a s.10 DPA demand is next on the list?

 

Thanks for your input, EC


"Evancosmo" is short for the evanescent cosmopolite.

 

THE TRUTH WILL SET YOU FREE :rolleyes:

 

1st Credit: CCA request sent

Cabot: failed to provide CCA - s.10 DPA letter sent

Capquest#1: failed to provide CCA - s.10 DPA letter sent

Capquest#2: failed to provide CCA - s.10 DPA letter sent

Abbey: on going

Equifax: "attributable data" CCJ removed - Aug 09

 

Share this post


Link to post
Share on other sites

bumping this thread!


"Evancosmo" is short for the evanescent cosmopolite.

 

THE TRUTH WILL SET YOU FREE :rolleyes:

 

1st Credit: CCA request sent

Cabot: failed to provide CCA - s.10 DPA letter sent

Capquest#1: failed to provide CCA - s.10 DPA letter sent

Capquest#2: failed to provide CCA - s.10 DPA letter sent

Abbey: on going

Equifax: "attributable data" CCJ removed - Aug 09

 

Share this post


Link to post
Share on other sites

Hi evancosmo

Sorry i not been on your thread lately but MBNA and their ****** solicitors Restons have issued a court summons against me and i have spent alot of time sorting this out and spent last week sorting out my AQ form which i have to sent to court by end of next week.I am afraid i have not gone down the road of disputing default entries by CRA yet but as regards them not sending your cca i would send them a letter pointing out the 12 days have gone by and they have still not responded to your CCA request i take it this CCA request for the old pre 2007 agreemment


Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Share this post


Link to post
Share on other sites

yeah sunflower. its 2004 Vanquis. Don't imagine Cabot have got a shred of paperwork. Sent a s.10 DPA letter to see if they back off.

 

All the best in court! EC


"Evancosmo" is short for the evanescent cosmopolite.

 

THE TRUTH WILL SET YOU FREE :rolleyes:

 

1st Credit: CCA request sent

Cabot: failed to provide CCA - s.10 DPA letter sent

Capquest#1: failed to provide CCA - s.10 DPA letter sent

Capquest#2: failed to provide CCA - s.10 DPA letter sent

Abbey: on going

Equifax: "attributable data" CCJ removed - Aug 09

 

Share this post


Link to post
Share on other sites

Well! I've heard of bare face cheek but Cabot are taking the biscuit!

 

I had a response back to my s.10 DPA request since Cabot failed to produce a CCA in response to my s.78(1) request in early July.

 

Cabot are refusing to remove my credit file entries & state that "the failure to provide a copy of your agreement in time does not affect the legality of your debt with the Cabot Financial Group but merely renders the credit agreement unenforceable until such time that the agreement can be produced".

 

They are using DPA Schedule 2 (specifically 1 (consent of the data subject) & 2.2.a - performance of a contract to which the data subject is a party). They qualify this with the statement "paragraphs 1 & 2 of Schedule 2 of the DPA are entirely relevant to your case as you signed a credit agreement which has been assigned to Cabot Financial (UK) Ltd".

 

Now this is an agreement that they told me in writing on July 1st (at the time they returned the statutory fee for the CCA request before the deadline lapsed) that "Cabot Financial does not currently have this information on file (meaning the CCA). However we have requested the relevant information from the original lender"

 

So they are relying on a CCA they have never seen & that the OC cannot produce yet still refuse to comply with my s.10 DPA request. I am going to have to take them to court on this I can tell.

 

Any thoughts guys??


"Evancosmo" is short for the evanescent cosmopolite.

 

THE TRUTH WILL SET YOU FREE :rolleyes:

 

1st Credit: CCA request sent

Cabot: failed to provide CCA - s.10 DPA letter sent

Capquest#1: failed to provide CCA - s.10 DPA letter sent

Capquest#2: failed to provide CCA - s.10 DPA letter sent

Abbey: on going

Equifax: "attributable data" CCJ removed - Aug 09

 

Share this post


Link to post
Share on other sites

I would get a complaint in to the ICO first, if they rule against Cabot and they then dont comply then will look better for you if it does get to court (you tried every avenue open to you).

 

Cabot do appear disregard all relevant legislation.


Advice & opinions given by spartathisis are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.:)

Share this post


Link to post
Share on other sites

Bumping this thread. Has anyone got Cabot to back down from this position without going via the ICO?

 

Cheers!


"Evancosmo" is short for the evanescent cosmopolite.

 

THE TRUTH WILL SET YOU FREE :rolleyes:

 

1st Credit: CCA request sent

Cabot: failed to provide CCA - s.10 DPA letter sent

Capquest#1: failed to provide CCA - s.10 DPA letter sent

Capquest#2: failed to provide CCA - s.10 DPA letter sent

Abbey: on going

Equifax: "attributable data" CCJ removed - Aug 09

 

Share this post


Link to post
Share on other sites

No. It will be a long and tortuous path, with no guarantee of success, but you will need to involve the ICO. I'm awaiting SAR number 2 from the Kentish Klowns: the ICO have requested I send them ALL relevant paperwork to date, so I thought a SAR will provide absolutely everything they need, and more besides. :D

 

I don't expect this to produce a result in itself, but IS a necessary step prior to taking Cabot to court.

 

Mind you, there is due to be some kind of test case regarding enforcability of agreements, and one of the main issues will be the right of creditors to report defaults where there is no enforcable agreement. At the rate the ICO works, the test case could well be done and dusted before I get an answer. ;)

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...