Five Questions,2 Disputes And Cabot

[anton1]

sorry should say i have two accounts with threads,i started this one as i needed to try and get the five answers asap.one account has a good cca :(but no DN served or noa when it was sold it also was sold with a zero balance.the other cca is an application form(the one in pic)no terms no limit etc.am awaiting halifax to complete my SAR for that account

[anton1]

just a quick update from yesterday.

requested SAR from BOS recieved 27th june(1 week late)

sent letter asking why incomplete

recieved this reply today...

`with reference to your recent letter,we will supply the information that was not available to us as soon as possible.The other queries on the letter have been passed to another office and they will reply to you directly.I trust this has not caused you any inconvenience`.

I didnt realise the timing on the request and they are now 27 days over the 40 days.

I could do with a hand if possible in drafting a response to the above letter or should i ignore and go straight to the ICO?

I will add that when i recieved my SAR from BOS,the very next day i received the 50% discount letter,yesterday i get letter from cabot asking for more info on the differences in what they say i owe and what BOS say,then today recieve the letter from BOS.In my honest oppinon they appear to be working in tandem,I reckon if i sent Cabot the info they need then BOS would then find the info that is missing(if that makes sense?).

So complaint to ICO will be in the post monday,do i reply to BOS,tell them im making complaint,ring them or just ignore them completly?Again thankyou for any advise or comments in advance.......

[vint1954]

just a quick update from yesterday.

requested SAR from BOS recieved 27th june(1 week late)

sent letter asking why incomplete

recieved this reply today...

`with reference to your recent letter,we will supply the information that was not available to us as soon as possible.The other queries on the letter have been passed to another office and they will reply to you directly.I trust this has not caused you any inconvenience`.

I didnt realise the timing on the request and they are now 27 days over the 40 days.

I could do with a hand if possible in drafting a response to the above letter or should i ignore and go straight to the ICO?

I will add that when i recieved my SAR from BOS,the very next day i received the 50% discount letter,yesterday i get letter from cabot asking for more info on the differences in what they say i owe and what BOS say,then today recieve the letter from BOS.In my honest oppinon they appear to be working in tandem,I reckon if i sent Cabot the info they need then BOS would then find the info that is missing(if that makes sense?).

So complaint to ICO will be in the post monday,do i reply to BOS,tell them im making complaint,ring them or just ignore them completly?Again thankyou for any advise or comments in advance.......

Send complaint to ICO and OFT.

 

It is worth making the complaint with BOS official if not already done.

 

Obviously, you have put the account in dispute.

Edited July 18, 2009 by vint1954

[anton1]

hi vint,it was only yesterday that CABOT confirm that they were the owners of the debt and its been in dispute since april,i will be sending a complaint to the ICO and OFT monday without doubt and i think i will draft an official complaint to BOS as you advise many thanks VINT1954

[vint1954]

hi vint,it was only yesterday that CABOT confirm that they were the owners of the debt and its been in dispute since april,i will be sending a complaint to the ICO and OFT monday without doubt and i think i will draft an official complaint to BOS as you advise many thanks VINT1954

A letter for Cabot.

 

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

ACCOUNT IN DISPUTE

I must admit that I am rather bemused as to why this account has been passed or sold to yourselves, as it is in dispute with the **original/DCA** and has been since DATE 2009. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

As **original/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, Subject Access request and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original/DCA** for resolution of these defaults and breaches, as Cabot cannot lawfully pursue any enforcement activities.

If Cabot chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

Also be advised that I will only communicate with you in writing.

.

I hope that an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing by 4pm seven days from when you send the letter.

Yours faithfully

[anton1]

thanks vint for the above letter and for your advice.

Have just completed my complaint to ICO and will update as i receive information.Have also sent a letter(monday) to BOS outlining my complaint to ICO and also giving them exactly 7 days to comply with my request or I will take immediate action through the county court,which i add i will do without hesitation and based on my op being successful wednesday,else i may be a little sidetracked.Again thanks everyone and i will update as soon as..

[anton1]

sent a complaint to ICO yesterday and also a letter to BOS explaining my complaint and their failure to supply my full SAR.Today I have received a letter from BOS that clarifies that the information sent in my SAR was all that they held on that account!so where to go from here?

Cabot produced an NOA on BOS heade paper but BOS have not got an NOA?

No Default notice of any kind?

The debt was returned to a ZERO figure then sold one month later to CABOT?

can anyone help with what i need to do now,if the figure is zero and as there is no other data held by BOS and cabot bought the debt at a ZERO figure do i now point that out to them and tell them i owe nothing?

again thank you in advance....

[babybear39]

Personally, I'd keep very good care of that nil balance statement

[anton1]

thanks babybear39,should i write to cabot or now leave it until they write again,my credit reports are clear for now no bad marks and if there were any they must have fallen off.

the last letter from cabot asked for the differences that BOS say i owe(nil on statement) and what cabot say i owe(£3000).

[babybear39]

Wait for Cabot to contact you

[anton1]

thankyou again babybear39.as and when i hear from them i will update as to what to do next.thanks again for your help and advise.....

[babybear39]

You're welcome

[anton1]

sorry just remembered that one of the questions i asked BOS was why a £1 payment paid to the account in 2002(i told them it was for a request and should not of been added to the account;)).As their reply today says that there are no further records for the account then can i throw the statute barred at cabot(i argued this with them a few months back and that the payment should not have been added to account).

Would it be down to cabot prooving otherwise?sorry for all the questions just want to throw as much as i can at them when the time comes?

[anton1]

hi all,just a real quickie.Having now received confirmation from BOS that they hold no other info on me,should i write to them asking to confirm in writing that the account is/was terminated?

many thanks

[anton1]

just an update on one of my alleged accounts.

after receiving my SAR it was quite clear that the debt(alleged) was statute barred.so i wrote again to crapbot and have received a reply stating that they `acknowledge that the account is statute barrred and confirm that the account has been withdrawn from its regular collections process`.

A small result i think.The second alleged account was sold to crapbot one month after the account was written off with a zero balance.Ive not heard from them about this yet and have kept the zero balance to myself(for now).

[anton1]

just another update on this thread.so far Cabot have admitted in writing that one of the alleged debts is indeed statute barred and today they have written to me with regards to the debt sold by BOS.

The debt sold had a zero balance and was purchased by Cabot just over a month later.I also never received a default notice or termination notice for this alleged debt! so i have put this letter together and would welcome any advice as to its contents as CAbot have given me 14 days to settle the account or else:).

Dear sir/madam

Thank you for your letter dated ## September and received today ##September 2009.

Your letter states that I have 14 days with which to set up some form of payment plan with your company. As my previous correspondence state that there are a number of discrepancies between the DSAR I received from BOS and as to what Cabot allege I owe etc. I am still awaiting a reply from BOS as to the differences between the information provided between BOS and Cabot. I also note that Cabot have requested me too provide evidence as to the differences but feel that it is up to your company to contact BOS and request this information yourselves.

Cabot have provided me with representations of letters allegedly sent by BOS but it would seem BOS have no record of these alleged letters?

Cabot have stated in previous correspondence that the last acknowledgement to this alleged account was ##/09/2### yet BOS have provided a statement showing the date to be ##/12/2### which is ten months difference?

Cabot state that this debt is not STATUTE BARRED yet BOS seem reluctant in answering why a request for information back in 2### was ignored and added to the account and to which I have sent a letter too asking why this error occurred.

Cabot state in previous correspondence that that they purchased/bought this alleged debt on the 18 December 2### yet BOS have no information providing evidence to substantiate this and to which I have sent a letter requesting to confirm or deny this!

Cabot have provided representations of a Notice Of Assignment to which BOS seem to have no record of and to which I have sent a letter to BOS requesting they confirm or deny this !

BOS have provided a statement of account with my DSAR which shows a different balance to that which Cabot have provided and to which I have sent a letter to BOS requesting confirmation of the amount allegedly owed.

So I hope you can see as to why I dispute this alleged debt with your company and feel that amongst other things it is a STATUTE BARRED DEBT and to which unless BOS give the answers to the many questions I have asked leaves this account very much in dispute. If however Cabot are able to answer just the few questions in this letter or have more luck in obtaining the evidence requested in finding validity in Cabots claims I would be very grateful in hearing from you with respect to this.

I look forward to your prompt reply so that we can bring this dispute to a close

Edited September 19, 2009 by anton1
dates

[Bazooka Boo]

Personally and IMHO, I would not send them anything.

But I am very well known for being extremely stubborn, and tight fisted:D.

 

I certainly wouldn't entertain them with another letter in an attempt to seek their pity and forgiveness.

 

The simple fact that this company was willing to seek from you payment against an alleged debt which was SB, speaks volumes as to where their interests and concerns lie.

 

Ignore them, and report them. Tell them to provide you proof of any debt they allege you owe, and when they don't, or can't, tell them to foxtrot oscar...

 

 

Boo;)

[babybear39]

As BB states, cabrot should be providing proof of any allegeded debt.

[vint1954]

Personally and IMHO, I would not send them anything.

But I am very well known for being extremely stubborn, and tight fisted:D.

 

I certainly wouldn't entertain them with another letter in an attempt to seek their pity and forgiveness.

 

The simple fact that this company was willing to seek from you payment against an alleged debt which was SB, speaks volumes as to where their interests and concerns lie.

 

Ignore them, and report them. Tell them to provide you proof of any debt they allege you owe, and when they don't, or can't, tell them to foxtrot oscar...

 

 

Boo;)

Agree 100%. Stop playing their game. Tell them to prove it or shut up and leave it alone.

 

It does not pay to get into protracted arguments with them.

[babybear39]

I find Foxtrot Oscar very efficeint as BB says

[anton1]

hey guys n girls been a while since ive posted on this thread.well cabot got back to me again stating i owed them money etc and sent me a copy of the statement from BOS but they omitted the last three lines which showed the zero balance.So i wrote back to them and stated that there seems to be some important bits missing from the statement they state and that the end figure is different to what my statement says.

Today i have had a reply from cabot (link to their letter)

http://i576.photobucket.com/albums/ss209/marcog111/100_1969.jpg

So are they right? here is a copy of the last page of the statement i received from BOS showing the zero figure.

http://i576.photobucket.com/albums/ss209/marcog111/100_1968.jpg

 

Cabot acquired the debt over a month after the last date on the statement.They claim that BOS removed the account from their systems when CABOT acquired the debt and that the figures bear no relevance to the outstanding balance, but as i say they did not purchase the account until 18 december 2002?

Am i correct that they have purchased a zero balance or am i clutching at straws and what they say in the recent reply correct?As you can see they have given me 7 days to reply to this so i am again extremely grateful for any advice

[anton1]

bump

[Bazooka Boo]

Slightly confused...again!..

I guess that you know what abbreviations mean on the statement of account?

I.E Bad debt W/O??

 

Are you saying that this account was settled with BOS, then crapbot fabricated the amount they say is owed?

 

Does the date Crapbot bought the debt tie in with the date on the S.of A.

As is the same with defaults placed on your CRF, once a debt has been 'sold' then the new owner will put their own name against the money outstanding, and the OC will/should delete the entry off your CRF, and show a zero balance.

 

So I am thinking that the figure BOS alleged that you owed, was 'sold' to crapbot, hence why the S.of A from BOS shows a zero balance.

 

If your saying that you cleared this debt and have the evidence to prove this, then crapbot are as deluded as gordon clown and his government.

[anton1]

high bazooka boo,the account was not settled with BOS ive been disputing it firstly as i thought it was statute barred then after i did a SAR to BOS i noticed the zero balance on the statement.cabot bought the debt just over one month after BOS had zero`d the account.

what i had hoped was that because BOS had put the balace to zero before cabot purchased the account then in theory CABOT had bought an account worth nothing.if that makes sense LOL

[Bazooka Boo]

OK, much clearer now.

 

Well I would expect the reason why they had a Zero account (BOS) is because they had sold it onto Crapbot.

 

Did you receive a notice of assignment from BOS? And did you receive anything from crapbot stating that they had now bought the alleged debt?

 

You disputed this amount as you thought it was SB, who has supplied evidence that it is not SB?

BOS or Crapbot, or none of the above?

 

So basically, you disputed this with BOS, they then flogged it onto crapbot, who are non the wiser that this was a disputed debt they bought?