Cabot Dont Except Fee For CCA

[littlefatbudha]

Hi all, sent CCA of to a DCA called F.I.R.E. working on behalf of Cabot, Fire did not respond but Cabot did,with this letter,please advise me on what to do,many thanks.Steve

IMG.pdf

[littlefatbudha]

It is for a catalogue !

[count orlok]

They don't have to accept the fee, just that if you didn't send it they could refuse to supply the requested. Just wait, chances are they have nothing.

[littlefatbudha]

Does this mean they still have to 12+2 days to send CCA ?thanks.

[DDWales]

Yes. Then see what happens. If no agreement by then then put the account in to dispute until one is produced (if it can be of course)

Edited July 16, 2009 by DDWales
spelling

[littlefatbudha]

Hi all, have just received this from Cabot.

Sent account in dispute letter 3rd August 2009 ( 1st recorded ) and today have received this back from them, also have just received letter from shop direct (kays)another debt being dealt with by Credit account managers ,stating they cannot find agreement, and as this ( great universal ) account was opened at same time, i doubt that they have agreement for this one either anyway ,this is the letter.

What do you think ???

have they got a right to update CRA ?

thanks.Steve

 

 

Edited August 24, 2009 by littlefatbudha

[Seminole]

Have they placed adverse information on your credit file? Despite their bluster they can't do this because they don't have a valid credit agreement.

[littlefatbudha]

Hi Seminole, the account balance was about £90, but the default amount showing on experian is £192.90, also have found some old statements which include charges, so i feel this is adverse, what would you suggest i do, thanks, is there a letter which can be sent? Steve

[Seminole]

Have a read through this thread:

 

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/209484-can-i-get-default.html

 

The short answer is that the default should be removed but you may struggle as the CRAs seem to be totally in the pockets of the credit and debt collection industries.

[littlefatbudha]

Thanks.lfb

Edited June 7, 2010 by littlefatbudha

[littlefatbudha]

In regard to the letter above , cabot have now stated there is no CCA for the account but they have a legal right to update CRAs, i already new there was no CCA , as with all catalogues you never had to sign anything, just call them up ask for a catalogue and order over the phone.

if they would have excepted the offers that i could afford then shop direct would of been paid off by now, but because they were rude and did not listen, they shot themselves in the foot.

How can they state that they have a legal right without there ever being a CCA between mysel and shop direct.

Cabot state they own the debt, even though i never received termination, default, or notice of assignment, to which Cabot state they sent notice of assigment, and they say it does not have to be by registered post.

Also they state they are entitled to charge interest, as stated in the original agreement, even though if there was an agreement it was 0%, can i take Cabot to court, seeing as there is no notice of assignment ,CCA, default or anything else, i want to make Cabot pay for their LIES

[littlefatbudha]

hi guys, just an update, cabot have sent the letter below, to which they state, "that they purchased the account in july 2008, and also that shop direct have not come up with CCA", no suprise there , never received one, just got catalogue and placed order over phone, no need to sign or agree with anything.

Anyway as they state they purchased the debt to which( i received no notice of assignment) do they have any legal right to be updating CRA's and could they still send notice of assignment letter, even though they have been updating CRA's for over a year.

Is there a letter to send and if they do not comply , i would like to take them to court,many thanks.

 

Edited October 19, 2009 by littlefatbudha

[mr.ton]

They are being vindcitive.

Report their sorry asses to the OFT,trading standards & the info commissoner.

[spitfire650]

These clowns are taking the p**s. If they can't produce the credit agreement how exactly can they show there was a debt to assign?

 

I'd be tempted to write back telling them in no uncertain terms that unless this is rectified very quickly the next communication they receive will bear a court seal.

[ashmk]

[2Grumpy]

If the balance was £90 and there were charges, they might actually owe you some money

 

How would they update your CR file in that case?

[spamheed]

Please note that the small code running up the side of the letter allows Cabot to identify you, I would suggest that you obscure this information from your scan

[littlefatbudha]

Thanks for the replies, i just have a few questions.

Have these two companies broken the data protection act by:

1) shop direct selling the account with no notice of assignment.

2)cabot updating CRA's with no signed agreement, or any lawful notice of assignment.

3) on a shop direct agreemenyt i was sent for another account opened at roughly the same time,(no signatures,this is what it would have looked like,blah,blah) it does not state anything regarding, using data, for updating CRA's etc.

4) in the terms and conditions, on another page,not the side that would hold signature, it states, "we may transfer all of our rights, duties and obligations, under this agreement to any person or arrange for anyperson to carry them out on our behalf, without giving you notice.Any such transfer will not affect your rights under this agreement, or any other legal rights you may have, such as under the consumer credit act 1974.

You may not transfer your rights,duties or obligations under this agreement.

5) i do not give permission for either to be using my data.

Have i got a case against either company involved,do you think.Thanks.

Edited October 19, 2009 by littlefatbudha

[silverfox1961]

See the bits in red

 

Thanks for the replies, i just have a few questions.

Have these two companies broken the data protection act by:

1) shop direct selling the account with no notice of assignment.

 

If they tried to take you to court, they would have to prove they sent it

 

2)cabot updating CRA's with no signed agreement, or any lawful notice of assignment.

 

The Information Commissioner has said that because they can prove the link between you and SDG (statements) they can update your credit file even though there is no signed agreement. They only way I have seen so far to get the info removed is to go to court.

 

3) on a shop direct agreemenyt i was sent for another account opened at roughly the same time,(no signatures,this is what it would have looked like,blah,blah) it does not state anything regarding, using data, for updating CRA's etc.

 

If it's not in the T's&C's then I don't think they can do it

 

4) in the terms and conditions, on another page,not the side that would hold signature, it states, "we may transfer all of our rights, duties and obligations, under this agreement to any person or arrange for anyperson to carry them out on our behalf, without giving you notice.Any such transfer will not affect your rights under this agreement, or any other legal rights you may have, such as under the consumer credit act 1974.

You may not transfer your rights,duties or obligations under this agreement.

 

This is true IF the DCA are collecting on behalf of the OC but if the account is sold to a DCA that is a different matter

 

5) i do not give permission for either to be using my data.

Have i got a case against either company involved,do you think.Thanks.

 

If you want to get legal, yes

 

Check out sections 136 and 196 of LoPA 1925

 

Law of Property Act 1925 (c.20)

[littlefatbudha]

Thanks Silver Fox, i have totally had enough of Cabot, they think they are so big and clever, i do want to take them down a peg or two, just havnt got any money for Court action at this moment in time.

Their time will come.Thanks.

[littlefatbudha]

Have they broken the data protection rules, by processing data about me, without legally owning the account, as by not receiving notice of assigment, sent by required terms, and never received one at all.

Would this be enough to have them taken to court, and would they receive a fine for this as well.

[silverfox1961]

Have they broken the data protection rules, by processing data about me, without legally owning the account, as by not receiving notice of assigment, sent by required terms, and never received one at all.

Would this be enough to have them taken to court, and would they receive a fine for this as well.

 

You could take them to court for disclosure, then they would have to prove a NOA was sent but they wouldn't get a fine.

 

If you complained to the OFT they would add it to their (growing) list of complaints and eventually investigate.

 

You could complain to the FOS but you need to have exhausted Cabot's complaints procedure first.

 

I SAR'd Cabot and they sent a very comprehensive set of account activity and it showed dates of letters sent. I'm still trying to find out which one from the codes supplied.

[littlefatbudha]

Have sent Letter Before Action, this is their reply, it also states in the letter store card, this was not a store card it was a catalogue.

I am going to need help with POC as i feel that not ever receivindg default notice, or notice of assignment, they dont have any right to process my data

I also like the bit at the end of this letter, it was assigned on or about ** ** 2008, they dont even know the date.

Am i right if i report them to the FOS they will have to pay £400 for the investigation.Please help.LFB

Edited June 7, 2010 by littlefatbudha

[Pinky69]

Check everything Cabot say meticulously becasue they have vivid imaginations. They will say they have sent things to you that they haven't just to try and confuse you.

[littlefatbudha]

Need help with POC, anybody help please, or should i SAR original creditor first, to get it from them that no agreement was ever signed as with all catalogues, and no notice of assignment ever sent.