Cabot Financial – Dealing with Cabot Financial

[diddydicky]

in your appeal you will not be concerned with what cabot argued- merely that the judge misdirected himself by applying the principles of a case that was totally unrelated- if you win that appeal then you get another go at arguing against cabot's case (IMO)

[BeauBrummie]

in your appeal you will not be concerned with what cabot argued- merely that the judge misdirected himself by applying the principles of a case that was totally unrelated- if you win that appeal then you get another go at arguing against cabot's case (IMO)

 

Thank you, that simplifies it somewhat if it can be simplified:rolleyes:.

 

Beau

[Pinky69]

I have found the way to deal with Cabot is to turn the tables on them. I am about to take them to court for entering a default on my credit records on a lemon they bought that doesn't have one scrap of paper. I have involved the ICO and OFT at every turn. I've told them I will also sue them if they pass another lemon they have to other agencies. I only deal with their complaints department as answering their templates is waste of time. They told me they would counterclaim. I asked them on what basis - a rescinded account that doesn't even have toilet paper to show it even exists? I annoy them by calling them all by their first names and I tell them I am not "delaying" paymnent, as they suggest, I am not going to pay them at all, ever. It took them 3 months to respond to my last letter and it was total drivel - they were foaming at the mouth - I sent it to the ICO and OFT and proved it was bo***cks. They are so stuck in the old model of buying unenforceable debt they are left with a pile of rubbish that people have stopped paying. They are going to be pulled up by the OFT if they go on like this and I am convinced that Cabot are on their way right down the tubes.

[militantconsumer]

Interesting stuff, Pinky69. Do you have a thread going on this?

[Pinky69]

Dear Cabot

[ScabHunter]

Defending claims by Cabot Financial

 

One of my stated goals in creating this thread was to improve the standard of the defences which are being submitted to counter Cabot Financial claims.

 

Further to this end, I draw your attention to an excellent post made by Brent-London, who I believe trained as a barrister in Australia.

 

The facts concerning Section 61(1)(a) and Section 127(3) are exactly as I have quoted in earlier posts on this thread. Brent-London has taken those facts and created an excellent defence (or part of a defence) based on them.

 

If I was issued with court papers tomorrow, I would definitely be using this as part of my defence. It counters Cabot's deceit before they even get started.

 

Defences do need to be individually crafted based on your own circumstances, but there are so many of us with so-called agreements which do not contain the prescribed terms that this part can just be used as is.

 

A big thank you to Brent-London.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/213040-martin-cabot-financial-11.html#post2584527

[BeauBrummie]

For those of you that have been following my fight with Cabot I had a nice surprise today

 

Dont know why, I did not write to the Judge specifically for this, but I have today received an order that states my permission to appeal has been extended from the normal 21 days to 90 days--- ie almost end of Jan 2010!!!

 

Do you think the Judge has had a look at what Judgment was passed and decided that maybe he has misdirected himself? Accompanying the order was EX107 Tape transcript request form------its like he wants me to appeal. So look out Cabot Game on.

 

Beau

Edited November 19, 2009 by BeauBrummie

[cymruambyth]

Great news beau, now you can concentrate and try and gain help from the big guns.

[exasperated]

Beau,

Brilliant, hope the extra time ensures your result

[angry cat]

Excellent Beau!

 

Faint heart ne'er won the day...!

[Rhia]

Beau that indeed is a bit odd. They don't usually extend anything or send you the transcript. I am wondering if a higher judge has read the transcript (they have to read them apparently before issuing them) and has realised the decision is balderdash (to put it politely).

You can lick Cabot. Go for them.

[diddydicky]

thats a good sign

 

 

IMO the judge knew damn well that he was wrong- he wrongly guessed that you would just skulk away and lick your wounds

 

 

whata mistaka to maka

Edited November 20, 2009 by diddydicky

[B3rty]

Great thread...subbing...as I may be battling them soon

[tamarindo]

Defending claims by Cabot Financial

 

One of my stated goals in creating this thread was to improve the standard of the defences which are being submitted to counter Cabot Financial claims.

 

Further to this end, I draw your attention to an excellent post made by Brent-London, who I believe trained as a barrister in Australia.

 

The facts concerning Section 61(1)(a) and Section 127(3) are exactly as I have quoted in earlier posts on this thread. Brent-London has taken those facts and created an excellent defence (or part of a defence) based on them.

 

If I was issued with court papers tomorrow, I would definitely be using this as part of my defence. It counters Cabot's deceit before they even get started.

 

Defences do need to be individually crafted based on your own circumstances, but there are so many of us with so-called agreements which do not contain the prescribed terms that this part can just be used as is.

 

A big thank you to Brent-London.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/213040-martin-cabot-financial-11.html#post2584527

 

 

 

question 1 : any ideas what is the rate of court cases won by cabot??

 

question 2: what is the strategy against cabot when they denie receiving a CCA request even though there are evidence they did and when they actually admit receiving a request why they do not take the £1 fee due to CCA REQUEST and they return it to the original requester, is it because they have an excuse that they did not receive the £1 fee??

[alangee]

My wife received the following letter from Morgan reference a Providian account.

 

Has anyone had the same letter?

 

I have started a new thread on http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/239521-letter-morgan-behalf-cabot.html

 

Alan

Morgan.pdf

[tbern123]

Do not let Cabot get you down.

 

Trust me, you can beat them. Just pick your fights carefully and read through some of the Cabot threads for inspiration.

[Viva Hate]

Good afternoon all,

 

I have read and taken heart from lots of threads relating to dealing with this company (well done everyone). I would like to share my dispute with these people and if anyone can offer assistance or help in anyway I will be more than grateful. I will try and be concise without, at this stage going overboard with details and will offer more information should anyone require it.

 

July 2008 I was contact by Cabot by letter informing me that someone from their company will be calling me - (OFT state this is bad practice under section 2.11a). I reply asking for details to be forwarded to me. A quick call I made to them established that they were looking for money from a Cahoot credit card last used in 2005, approx £2000.

 

A year passes......

 

July 2009 The exact same letter was sent. I again write back asking for details

 

Aug 2009 - Cabot write to say they are investigating - (OFT 2.1e - Failing to provide debtors or creditors with information on status of debts, for example, not providing requested statements when reasonably requested)

 

Sep 2009 - They again write to say they are investigating

 

late Sep 2009 - They write to explain that hey purchased my account from Cahoot in July 2008 and claim they responded by email to my first query, if they did then I never recieved said email.

 

This letter explained that they had contacted Cahoot in 2008 to ask fro details relating to this debt and that they wrote to me in Oct '08 and Jan '09 - here Cabot admit they had been sending correspondance to an address I last lived in in 2004!!. They again say that they are waiting for Cahoot to provide more info.

 

30th Dec 2009 -They write this time with copies of credit card statements, apparantly proving I owe £2000 from a Cahoot credit card last used in 2005.

 

Ok, I now have to decide what to do next. I have contacted them to inform that I have received their letter and will respond in due course. I have read other cases from people on this forum and it seems I should be looking for Cabot to provide the original copy of my credit agreement, which I thought they would have done considering they have been chasing the relevant info now for about 18 months.

 

Thankyou for reading.

[Pinky69]

It's better if you start your own thread so you get answers specific to your case. The New Thread button is on top of the forum to the left hand side.

 

If you haven't done so, you need to send Cabot a request for a copy of the credit agreement under the Consumer Credit Act 1974. In reply you should get a copy of the agreement, statements and a copy of the Terms and Conditions. You can post them on here and see whether or not they are enforceable. Don't take anything Cabot says at face value because they will lie at will and fabricate documents.

 

CCA request letter.

 

Send a £1 postal order and print, don't sign, your name at the bottom of the letter. They have 12 (+2) working days to reply and if they don't reply in that time you can put the alleged account into dispute.

[tierisch]

Dealing with Cabot who have taken forever to send a copy of the assignment notice (although i am going to check if this is legally correct). However, given all the debates on the recent court case, how does the request for a copy of CCA now stand?

[UnmoderatetheNet]

My only concern now is since the manchester case they will become even more aggressive.

 

DON'T FORGET WHEN THEY LOSE WE SHOULD BE PUSHING FOR COSTS

[PriorityOne]

My only concern now is since the manchester case they will become even more aggressive.

 

DON'T FORGET WHEN THEY LOSE WE SHOULD BE PUSHING FOR COSTS

 

Probably.... but possibly not as much when they realise that you know that the Manchester lot lost because they were the Claimants...

[ScabHunter]

In the post yesterday morning were two envelopes from Cabot Financial.

 

The first one contained a letter from a certain Mr. Maynard, indignantly explaining why Cabot Financial were NOT obliged to send me a copy of their complaints procedure.

 

The other envelope contained a copy of their complaints procedure.

 

I guess its just "business" as usual.

 

SH

[ODC]

Do post a copy of Uncle Kens letter assuming of course that you havent already forwarded it to the OFT.

 

This clown must really have a Death Wish for Cabot. Is it any wonder they lost 5 million quid if this is the calibre of CEO

[beachcomber60]

Left hand - Right hand & nothing in between

[mysticpols06]

Afternoon peeps - Have updated my Cabot thread - (most of you prob know it quite well by now )

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/166869-cabot-aarghhhh.html

 

 

- Am looking for suitable suggestions for response to latest letter - unless of course gen consensus is to ignore. Can't quite believe it is still dragging on.

 

Hope all are well - Take care and thanks as always, Mpols x

 

 

Ps. SH - That kinda sums it all up really doesn't it!

Edited January 26, 2010 by mysticpols06
pixies :p