Cabot – Citi v Questioner

[Enron]

The official point of view is that there is an alleged debt in existence, just that it cannot be enforced through a court.

 

Though I am surprised if a DCA is being particularly unpleasant to recoup something.

 

My belief is that the FOS, OFT, ICO are all pretty much inactive when it comes to banks.

[questioner]

FOS seem to think that constant collection activity is quite acceptable when they believe a debt exists - even when its legally unenforceable and is nothing more that an illegible application form.

 

This is NOT good enough as it is contrary to what the law says.

 

FOS also tell us they are NOT a legal body, yet their so-called adjudications (lol ), in favour of the banks that hold crappy application forms as agreements, are in essence making a legal stance. They play both ends to the middle and, like the sharks they protect, they appear to be self-preserving, coterie designed to give lip-service to pressing consumer concerns. ONE WAY OR ANOTHER THIS COTERIE MUST BE BYPASSED.

 

This body is in my opinion a puppet for the banker and one that needs replacing fast. Is it any wonder that so many of us are treated like criminals when FOS gives the sharks such a message to pursue? Of course the banks know that FOS is their friend because they always tell us that if we are unhappy with their handling of a complaint we can always run to FOS… As if!

 

This cosy relationship MUST be smashed so that consumers get a fair hearing.

 

I note that others agree too.

 

Disgusted consumers turn on ‘shoddy’ complaints watchdog - Times Online

 

The Establishment knows how to pull the strings and how to quell dissent and hates to be proved wrong - hence these puppet organisations who we are told to run to in times of need. Of course every blue moon they suprise us by presenting a class case IN FAVOR of some desperate consumer. They gives the impression that they are fine and noble and the heroes to run to when banks get nasty - the truth is however in the opposite....

 

 

However, OFT recently helped to make a DCA cower down, say sorry and send a disputed agreement back to a dictatorial bank for me - so they are in my good books at present. lol..

 

 

Edited December 1, 2009 by questioner

[citizenB]

This is going to seem like a dumb question and one that I probably ought to know the answer to. Can the original creditor sell the debt without issuing a default notice?

 

Fred

 

Fred, this seems to have gone unanswered. It is my understanding that the account has to be correctly terminated ie DN then TN, etc prior to assigning an account forward. So you would have exptected Citi to sort that out prior to Cabot coming on the scene.

 

 

 

Eron

 

 

 

I was told by a guy from there that so long as they have one's signature on any old piece of paper such as an illegible application form, plus a few old bank statements that clearly equates with an enforcable debt according to FOS.

 

 

 

 

 

So you now have the FOS' guy's signature on a piece of paper, write and tell him he owes you mega bucks

 

 

xx

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1295022.html

Post by pt2357

Originally Posted by make them aktiv runners

Dave is correct. The DOA is the actual contract between the bank and DCA. You are referring to an entirely different document, ie Notice of Assignment which is just a letter.

 

The Notice of Assignment can be a letter, but its not just a letter, IT MUST be correct for the assignment to be legal,many N.O.A's that we see on here the dates are wrong rendering them useless

 

W F Harrison & Co Ltd v Burke and another - [1956] 2 All ER 169 is a case ive been reading lately and its very informative on Notices of Assignment

 

"Held - The notice of assignment was bad because the date of the assignment was wrongly stated therein and, therefore,

the legal right to the debt under the hire-purchase agreement had not been assigned effectually at law within s 136(1)a of the Law of Property Act, 1925."

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/123771-validity-debt-assignment-re-2.html

 

Post 9 and 15

[questioner]

I have edited this post for security reasons.....

Edited January 15, 2010 by questioner

[citizenB]

Oh dear oh dear, if it is a true represntation / copy.. why have they put a current date on it ??

 

Still, you didnt receive the original and they would have needed to send this by registered/recorded post... and keep a certificate of posting / receipt as proof

[questioner]

Oh dear oh dear, if it is a true represntation / copy.. why have they put a current date on it ??

 

Still, you didnt receive the original and they would have needed to send this by registered/recorded post... and keep a certificate of posting / receipt as proof

 

 

Lol

 

I think if was just supposed to believe the pencil scribble at the top as the real date...

 

How do these peps ever get such jobs???

 

Nevertheless - I will tuck this away for a rainy day..

 

IT POSSIBLY IS BEST TO SAVE RATHER THAN USE SUCH DATA RIGHT NOW.. ??

[Enron]

I would suggest maybe also having a look/post on the Citi forum where we're battling away with them.

 

CitiCards - The Consumer Forums

[questioner]

So - how about this?

 

financialfraudsternews.com - Cabot Financial Involved in Data Deception?

 

[tastethediff]

Just stumbled on your Thread Questioner, very interesting. I'm being taken to court by a company called Capquest(thread below) for a credit card debt with Citicards .

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/269670-capquest-hl-legal-tastethediff.html

 

After reading your thread I checked the Notice of assignments send by Citicard(yes that is a plural) and they do indeed look "photoshoped". Having looked at an original letter from Citicards , theirs is much more professional.

 

Am I wasting my money in sending Citicards a Subject Access Request then?

Edited July 28, 2010 by tastethediff
typo

[questioner]

I don't see that it can hurt to spend the tenner for your SAR and get as much data on the situation as possible if you are unsure.