Cabot - NOT co-operating

[submissiveguy]

I have done almost everything: Ive Sent

 

:Data Protection Act 1998 letter

 

:FORMAL REQUEST FOR INFORMATION UNDER

CPR part 31.16 letter

 

:Disclosure before proceedings start letter

 

and today in return I have received as follow

 

Dear Mr

Welcome to Cabot it has come to our attentions that letter from Cabot, confirming the sale of your Barclay account to the Cabot financial group was not sent to you. On behalf of Cabot please accept our apologies for this oversight

 

In order to clarify, we wish to advise that the Cabot Financial Group has recently purchase your barclays account and the Notice of assignment from Cabot is enclosed for your records

please be advised that this letter is for informations purposes only and there is no necessity for you to contact us. who the F wants to contact them in first place urgh!

 

Now could some one please advice me how to take the court root, this is no longer a joke! I would not allow them to get away with this

[IdaInFife]

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

you need to follow the process above

 

ida x

[submissiveguy]

Thank you that's great stuff

[submissiveguy]

Also Cabot have been treating this issue as a joke, sending out standard letters to customers and making demands for payments, who on earth do they really think they are to force people into paying them?

[submissiveguy]

Hi everyone and thanks for the help and support that i have received from you all

 

This is the update I have received from CreditExpert

 

Thank you for your letter *dated ** July 2009

 

In view of your comments about the Cabot account, I am writing to them for you, as i cannot amend your report without their consent. While I investigate your comments, I am adding the following statement to the informations you have queried.

 

THE CONSUMER HAS DISPUTED THE ACCURACY OF THIS ENTRY AND WE HAVE THEREFORE ASKED THE PROVIDER TO INVESTIGATE IT. GIVEN THAT THIS DATA IS DISPUTED, PLEASE TAKE CARE IF MAKING AN ASSESSMENT OF ANY KIND THAT MAY INCLUDE THIS DATA.

 

 

Now dose this sound good? please advice me"as into what else I could do to get Cabot

[IdaInFife]

standard reponse they will conact cabot and they will say they have the correct info then the cra will remove the wording

 

ida x

[submissiveguy]

IdaInFife you are right, I have received an email from CRA who have said" that, what could i really do now? please advice me

[IdaInFife]

what have you done so far?

 

have you sent a cca request?

 

ida x

[submissiveguy]

Account in dispute letter sent

 

Legal Notice Under the Data Protection act 1980 sent

 

Notice Served Upon You Under Section 10 dpa 1998 sent

 

Formal Request for Information Under cpr part 31.16 sent

 

The above letters have all been sent

 

This is the latest letter I have received.

 

Dear Mr ******

Your Query

 

Further to your recent communicastion regarding the account detailed opposite

.

This agreement as been assigned to Cabot financial. The agreement remains between yourself and Barclay's Bank Plc.

As you advice we are not the creditor, but under s.189 of the consumers credit act 1974 the definition of creditor allows us to enforce the agreement as it says" The person to whom his rights and duties under the agreement have been passed by assignment" and the therefore as this agreement was agreed under the consumers credit act 1974 we are entitled to enforce it and entitled to process your data.

 

Under schedule 2 paragraph 2 (b) processing is necessary for the performance of the contract entered into by the data subject.

the terms and conditions of the original agreement state Barclay's Bank PLC can assign any part of this, right and or obligations to a third party.

we have taken advise from our legal department and advice as to the meaning of this part as it refers to disclosure of documentation when legal proceedings have already commenced.

 

if you wish to request any data held by cabot financial you may make a subject access request pursuant to s.7 data protection act, which carry a £10.00 fee.

we trust this clarifies the situation

 

Now this is what they have to say??

[IdaInFife]

ok, cpr route, have you sent letter 1 and 2? and who did you send them too?

 

ida x

[vint1954]

Account in dispute letter sent

 

Legal Notice Under the Data Protection act 1980 sent

 

Notice Served Upon You Under Section 10 dpa 1998 sent

 

Formal Request for Information Under cpr part 31.16 sent

 

The above letters have all been sent

 

This is the latest letter I have received.

 

Dear Mr ******

Your Query

 

Further to your recent communicastion regarding the account detailed opposite

.

This agreement as been assigned to Cabot financial. The agreement remains between yourself and Barclay's Bank Plc.

As you advice we are not the creditor, but under s.189 of the consumers credit act 1974 the definition of creditor allows us to enforce the agreement as it says" The person to whom his rights and duties under the agreement have been passed by assignment" and the therefore as this agreement was agreed under the consumers credit act 1974 we are entitled to enforce it and entitled to process your data.

 

Under schedule 2 paragraph 2 (b) processing is necessary for the performance of the contract entered into by the data subject.

the terms and conditions of the original agreement state Barclay's Bank PLC can assign any part of this, right and or obligations to a third party.

we have taken advise from our legal department and advice as to the meaning of this part as it refers to disclosure of documentation when legal proceedings have already commenced.

 

if you wish to request any data held by cabot financial you may make a subject access request pursuant to s.7 data protection act, which carry a £10.00 fee.

we trust this clarifies the situation

 

Now this is what they have to say??

Did you send CCA request before dispute letter?

[submissiveguy]

the CCA request is when you send them £1.00 postal order? If yes then No sir I did not send that letter to them

[IdaInFife]

ok, cpr route, have you sent letter 1 and 2? and who did you send them too?

 

ida x

 

 

can you answer this?

 

 

ida x

[submissiveguy]

can you answer this?

 

 

ida x

 

Sorry IdaInFife

 

No I did not send that letter, the only letters i sent were the above

[submissiveguy]

section 10. they have not responded to also, so shall i know send them CCA with £1.00 postal order?

 

I am sorry because I really don't know what to do

[IdaInFife]

I have done almost everything: Ive Sent

 

 

:FORMAL REQUEST FOR INFORMATION UNDER

CPR part 31.16 letter

 

 

thats cpr.

 

if you have followed this thread you need to go to letter 2

 

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

ida x

[vint1954]

section 10. they have not responded to also, so shall i know send them CCA with £1.00 postal order?

 

I am sorry because I really don't know what to do

Have they threatened legal action of any kind.

[vint1954]

thats cpr.

 

if you have followed this thread you need to go to letter 2

 

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

ida x

The main reasoning behind sending a CCA request and follow up with account in dispute letter is to set the whole process rolling.

 

CPR is the route to take to get a copy of your agreement, but I believe that is when they have treatened you with Court Action.

[submissiveguy]

Thank you IdaInFife I will start on this letter 2 Right now

 

vint1954 thank you for your reply" Cabot have not treatened me (yet) with court action, I have told them, that account is on dispute, but they are still holding defult on my name, they are processing my data

[vint1954]

Thank you IdaInFife I will start on this letter 2 Right now

 

vint1954 thank you for your reply" Cabot have not treatened me (yet) with court action, I have told them, that account is on dispute, but they are still holding defult on my name, they are processing my data

There should only be one default on your CRA file for each debt.

 

If there are 2, then you need to get the second removed.

[submissiveguy]

There should only be one default on your CRA file for each debt.

 

If there are 2, then you need to get the second removed.

 

Barclays have removed they default, but Cabot are continuing to process my data, that is what us winding me up

[vint1954]

Barclays have removed they default, but Cabot are continuing to process my data, that is what us winding me up

Have cabot issued a DN?

[submissiveguy]

No they have also not issed me with a DN at all, The first contact they made with me was to offer me a discount for what I own barclay's and that's when I sent them a dispute letter

[vint1954]

As Ida says, send the second CPR letter and post developments

[submissiveguy]

Sorry I am with you know.. I will send the Second CPR letter Il start work on it right now

 

Thanks to you both Ida and vint1954 I will update you as soon as i get a response