abroadgirl v vanquis

[abroadgirl]

heres the letter i got regarding vanquis no mention of ther fees/charges as this amount is all charges n fees n interest since my last payment

so can i claim them or leave it i have copied the pages with all the dates payments etc......

..................................................................................................

 

 

 

 

Dear XXXXXXXXXX

reference no XXXXXXXXXXXXXX

 

Thankyou for your letter which was recived in our office 8th december (they havent put in the earlier dates nor the letter to K.W.Maynard.)

 

I regret that you have fekt the need to contact cabot fin and aploygise for any inconvenience caused

I understand that you hae requested additional informarion relating to the above account.

The cabot financial group purchased your account as part of an assignment from Vanquiss on 2nd july (news to me)2oo8

 

 

In your email 7th december 2008 you have refered to section 78 of the consumer credit act 1974. Although ccabot does not have an obligation under section 77and/or78

of the consumer credit act 1974 to suppy this informatuon .

Cabot will assist the orignal lender and customers in providing this information.

 

We have made SEVERAL URGENT REQUEST TO VANQUIS to forward any documentation relating to your account to us. Unfortunatly cabot has not recived documentation due to a delay in retrieving this information from there archives.

 

We shall however continue to pursue this information and on receipt of the requested documantation shall forward to you accordingly.

 

Please be advised that the failure to provide a copy of your agreement in time does not affect the legality of your debt with cabot financial group but merly renders the credit agreement unenforceable until such time the agreement can be produced. As aforementioned cabot does not have a duty to provide this information and therefore section 78 of the consumer credit acts does not apply to us. As a gesture of goodwill cabot has and shall cease any collection activity until such time the credit agreement is supplied to you.

 

I trust that i have3 set out our poistion clearly However if you remain dissatisfied with our final responce you may bring the complaint to the attention of the FOS within 6 months of this letter, who may investagate the same.

Please refer to the leaflet enclosed with our letter dated 8th dec 2008

Once again thankyou for writing to me and if you have any other queries in relation to the above please do not hesitate to contact us.

 

k w maynard

 

 

pp group chief executive.

 

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[abroadgirl]

another letter vanquis

 

 

 

 

[email protected]

 

 

 

 

 

 

 

 

 

 

 

 

 

Mr K Maynard

Chief Executive

Cabot Financial (Europe) Limited

PO Box 241

West Malling

Kent

ME19 4NA

 

 

10/12/2008

 

 

Dear Mr Maynard

 

REF NO Vanquis xxxxxxxxxxxxxxxxxxxxxxxx Cabot ref no xxxxxxx

 

Further to the letters I have sent directly to Vanquis your company have continued to call my home telephone number. As per my emails and letters, I have instructed your employees not to call me. I have told a gentleman that this account is in dispute.

However, my repeated requests have been ignored. Please accept this email as confirmation that any future telephone calls will be recorded. I will take the liberty to send numerous copies of this email to ensure safe receipt.

Cabots' behaviour constitutes harassment; my letters quite clearly to Vanquis that I require all communications in writing for future Court use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this email an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office.

This type of debt collection method is contrary to the 'Administration of Justice Act 1970' in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

I do not acknowledge any debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

 

You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. "MARGIN: A signed true copy of the deed of assignment of the above referenced agreement that you allege exists. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

You must supply a statement of account, detailing any and all payments

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

 

Yours faithfully

[mr.ton]

Maynard? - not THAT Maynard surely?

[abroadgirl]

hahahaha mr ton

[abroadgirl]

helo how are you all

well ere is the standard letter i have gt for vanquis smile they have ot the same response like me ignored all my correspondance so heres there letter

 

Dear XXXXXXXXXX

reference no XXXXXXXXXXXXXX

 

Thankyou for your letter which was recived in our office 8th december (they havent put in the earlier dates nor the letter to K.W.Maynard.)

 

I regret that you have fekt the need to contact cabot fin and aploygise for any inconvenience caused

I understand that you hae requested additional informarion relating to the above account.

The cabot financial group purchased your account as part of an assignment from Vanquiss on 2nd july (news to me)2oo8

 

 

In your email 7th december 2008 you have refered to section 78 of the consumer credit act 1974. Although ccabot does not have an obligation under section 77and/or78

of the consumer credit act 1974 to suppy this informatuon .

Cabot will assist the orignal lender and customers in providing this information.

 

We have made SEVERAL URGENT REQUEST TO VANQUIS to forward any documentation relating to your account to us. Unfortunatly cabot has not recived documentation due to a delay in retrieving this information from there archives.

 

We shall however continue to pursue this information and on receipt of the requested documantation shall forward to you accordingly.

 

Please be advised that the failure to provide a copy of your agreement in time does not affect the legality of your debt with cabot financial group but merly renders the credit agreement unenforceable until such time the agreement can be produced. As aforementioned cabot does not have a duty to provide this information and therefore section 78 of the consumer credit acts does not apply to us. As a gesture of goodwill cabot has and shall cease any collection activity until such time the credit agreement is supplied to you.

 

I trust that i have3 set out our poistion clearly However if you remain dissatisfied with our final responce you may bring the complaint to the attention of the FOS within 6 months of this letter, who may investagate the same.

Please refer to the leaflet enclosed with our letter dated 8th dec 2008

Once again thankyou for writing to me and if you have any other queries in relation to the above please do not hesitate to contact us.

 

k w maynard

 

 

pp group chief executive.

 

 

 

now under the same circumstances along with all the stres agin a little man knock knock on the door heres a man from moorcrot wanting 2,201.64 now i owed £900 but all the rest is charges

they have ha cab working and helping us, theysent expendicture etc its all in thethread, here, they ill not write the debt off and still want money yes i come uner the hardship and strees etc, and why hould i pay all these charges moorcroft i told them it was in dispute with them

moorcroft said they want all correspondence and now ive had a man at my doorfrom moorcroft watin money tyvvm

i dont know what to say or do now as they know allthe facts nadfgfures

abg

[abroadgirl]

sorry keys are sticking

[dpick]

Hi tell them to stop being prats and to look at sections 175 and 189 (creditor) of CCA 1974.

 

175. Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

 

 

189. (l) In this Act, unless the context otherwise requires—

 

“ creditor “ means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor;

 

dpick

[hillards]

Nice of uncle Ken to agree that they cannot enforce the alleged debt but he's wrong to say that the provisions of the CCA do not apply to Cabot - unless they really are on another planet, as we've suspected all along?

 

They've stopped collection activity and now need to stop processing this account altogether as they've failed to provide the CCA within the timescale - I suggested that abroadgirl send them the usual 'no cca' letter - http://www.consumeractiongroup.co.uk...ml#post1840880

 

Just a quick note on this as it's actually gone off-topic, the original thread was Realiable Collections and this has moved onto an old Vanquis account?

[abroadgirl]

hi hilards i have clicked on the link but all i am getting is page not available?

abg

[mr.ton]

Its funny how many DCA's think the consumer credit act doesnt apply to them

[abroadgirl]

this acount is 9 ys old do i startthe charges now to get them back as most of this total are there charges fees chargesfor there letters etc

abg

[hillards]

hi hilards i have clicked on the link but all i am getting is page not available?

abg

 

Sorry - try this: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172071-letter-co-solicitors.html#post1856406

- That goes off to J D Williams

 

Moorcroft want one of these:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/175840-halifax-problem.html#post1900426

[abroadgirl]

tyvm hillards.

 

VANQUIS/CABOT UPDATE

 

well after all this time i now have just recived letter, statement, and credit agreement from cabot remember i put the letter in here my last one well i have got this now with all the statements vanquis has sent cabot, i have the statements myself which if cabot needed i would have copied them for cabot but

what about all the charges vanquis has put and added to this account

i dont remember signing the agreement but here they have it and sent at long last after everything it was opened in 2003.

cabot is now wanting me to phone them and offer some sort of payment i cannot afford the payment or any offer under hardship as they know any advise please

tyvm

abg

[abroadgirl]

hi all just browsing and came across your thread i know i have been the same and i have my own thread with everything in it about them, mine stopped paying pp after realising that it was my hubby that was out of work due to illness etc and it wenton from there and stopped paying the pp so now with all the charges etc so i am as the same as you all will check out my thread again or maybe take alook may help you all

cabot whatever they are called had the same probs as me and vanquis not responding to anything after a time now they have and now cabot are on to me apy this pay that etc the normal

ty

abroadgirl

[abroadgirl]

good on you i have now got a copy of my signed cca? i am going to check this one out

[abroadgirl]

hi well well wonders never seem

I got the same and yes they have a habbit of ignoring us and our many letters even recorded ones

they say they have tried to contact us but not they havent and if we speak to someone they denie it

you will get refered to a debt company called first something they will go on and on and insist on payment arrangements and can get nasty if you cannot pay it in full then we may make arrangements they wont be happy at what we make ignore them blw ya top and hang up

then youwill be refred to another diffrent on in my cas i am now with cabot.

just do and say and tell them everything

cabotwill write to them and yes they even ignred cabot so cabot wrote to me and said they will wait

after a good few months vanquis got back to them

justgo along as you are doing its annoying having to repeat oneself

thy pass uaround like a piece of dirt from one to another

abg

[abroadgirl]

write to

Mr K Maynard

Chief Executive

Cabot Financial (Europe) Limited

PO Box 241

West Malling

Kent

ME19 4NA

[abroadgirl]

the cheek of it

they have sent me one, cca but they have crossed out my old addy and wrote in my address where i am now, also i didnt take out bloomin vanquis till a yr or so after moving in here so my guess it is a false one

mmm wonder if i can have something done about this or go n get them, lets face it if we did that we would get done for it wouldnt we

in my thread it has been checked and it is unenforceable will post it up here

abg

[abroadgirl]

well here it is please can anyone scan this to see if it is a true copy or not i think it isnt as i have said in my previous post below i wasnt living at this addy when i took out vanquis yet they have crossed my old addy out and put well wrote my home addy in where i am now surely this is illegal and can be done for this? lets face it if we did something like this we would be done for it wouldnt we or do they get away with it being a company?

[abroadgirl]

BUMP

please

ty

abg

[abroadgirl]

hi well the cca is NOT a true copy:)

 

cabot has not replied to my email:?:

 

do i now write to maynard again

 

not sure what to do

 

is there anything i can do about the cca not being true:?:

 

ty for any help

abg

[abroadgirl]

now to get them for it well if it was me guess i would get done for fraud wouldnt i?

 

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[abroadgirl]

heard nothing more from cabot

[abroadgirl]

dont know what to do next

i have wrote to them i have followed all the advise and sent them the letters etc

i told them that it wasnt a true copy

now they have sent me the normal letter

of a one off payment they are stupid

so what do i say now

help any advise please

tyvm

hugs

abg

[abroadgirl]

they do pass us around to diffrent ones dont they just send them the same as u have to crapbot, i today have got another letter from them asking for a one off reduced payment i have told them it is not a true copy

also they crossed out my old address and put the new address in