CABOT FINANCIAL/MORGAN STANLEY Vs Mpols Hubby

[mysticpols06]

Morning peeps - Need input please - Background info:

 

Account began November 2005 (Have a feeling applied online - will this make a difference?)

 

Received 'Welcome to CABOT' template letter 09/04/08 with relevant details re Morgan Stanley card

 

Received 'NOA' from 'GOLDFISH' with no account info except name and address with a second 'Welcome' letter encl, 17/04/08

 

Contacted them by phone (i know i know - pre-cag naievety) & arranged to continue the reduced payment plan with them that was prev' in place with M/S, 10/05/08

 

Confirmation letter from CABOT accepting payments, 02/07/08

 

Outstanding balance confirmation requested to all cred, 06/10/08

 

Outstanding balance confirmed by CABOT with printed statement of account, 14/10/08

 

CCA sent to ALL our O/C & DCA, 07/11/08 (Discovery of the great Cagship the previous week )

 

'Your request for info' template from CABOT with stat £1 returned, 10/11/08

 

'O/C experiencing delay in retrieving info from archives - account put on hold' template from CABOT, received on date of default, 24/11/08

 

Witheld repayments, 28/11/08

 

'We shall remind orig lender that your info remains outstanding - acc remains on hold' template from CABOT, 03/12/08

 

'Statement of acc' template stating full outstanding balance as min payment required from CABOT, 28/07/09

 

'Statement of acc' template stating full outstanding balance as min payment required from CABOT, 06/08/09

 

'Statement of acc' template stating full outstanding balance as min payment required from CABOT, 07/09/09

 

'OUR RESPONSE TO YOUR REQUEST UNDER SECTIONS 77/78 OF THE CCA 1974:

I refer to your letter dated 10/11/08, Cabot does rely on the O/L to provide the info in order to assist with your enquiries. We have made several requests for a copy of the agreememnt from GOLDFISH BANK Ltd (GBL), however we are still awaiting this info.

 

Not withstanding, GBL has provided CABOT with copies of the available statements pertaining to your account, which i have enclosed. These statements clarify the outstanding balance that was assigned to CABOT. They also clearly detail the repayments that you have made towards your debt, which constitute a clear acknowledgement of your responsibility to repay the debt.

In addition i am enclosing a statement of account which also details repayments you have made to CABOT, since our ownership of your acc.

 

In light of the above, CABOT is of the opinion that you have been provided sufficient evidence that the accounts exist.

 

In addition CABOT has provided you with a copy of the NOA from GBL & our intro letter clarifying CABOTS ownership.

 

For your ease of reference the outstanding balance on the above acc is £xxxx.xx. I would recommend you contact our collections dept within 14 days on 0845 0700 116 to discuss the options available in order to settle this acc.

 

I trust we have set our position clearly.

AMANDA CHIVERS (Handsigned not printed)." - From CABOT with printed statement, 'representation' generic copy intro letter, incorrect 'representation' NOA letter, 28/09/09

 

'Statement of acc' template stating full outstanding balance as min payment required, from CABOT, 06/10/09.

 

Thats all folks! So sorry for long post but wanted to give accurate timeline/details of templates etc (also to help with ScabHunters thread & examples).

 

I would like to respond to their CCA reply with something similar to " we are disputing your right to collect as opposed to we are disputing the account because obviously they haven't provided the agreement that we supposedly signed with the T&C's etc.

Grateful for any comments/advice please,

 

Thanks as always, Mpols x

Edited October 10, 2009 by mysticpols06
typos

[mr.ton]

They can try & spin their way out of it all they want, simple fact is....no CCA = no enforcable debt = no more payments = end of.

The payments you have already made can quite easily be thought of as a "gift"

[mysticpols06]

Cheers for quick response hun- So am thinking i might send an edited acc in dis/no more correspondence in one - ie, No cca, enforcement rights disputed not existence of debt, complaints to all major dodo's now being lodged, will not correspond further unless appropriate docs provided - as opposed to another year of letter ping pong like with my other thread that you have seen. What d'ya think? x

[mr.ton]

Yes, just send 1 final letter stating what is what/how it is etc....& then leave it at that.

No doubt you'll get more begging nonsense sent to you, but once they see you are sticking to your position they'll soon get the hint.

[mysticpols06]

Thankyou. Will get it done this wkend & complaints ready to lodge Monday too - Am thinking of inviting our MP for tea haha - She's gonna know us personally before long! x

[silverfox1961]

Morning peeps - Need input please - Background info:

 

Account began November 2005 (Have a feeling applied online - will this make a difference?)

 

Received 'Welcome to CABOT' template letter 09/04/08 with relevant details re Morgan Stanley card

 

Received 'NOA' from 'GOLDFISH' with no account info except name and address with a second 'Welcome' letter encl, 17/04/08

 

Contacted them by phone (i know i know - pre-cag naievety) & arranged to continue the reduced payment plan with them that was prev' in place with M/S, 10/05/08

 

Confirmation letter from CABOT accepting payments, 02/07/08

 

Outstanding balance confirmation requested to all cred, 06/10/08

 

Outstanding balance confirmed by CABOT with printed statement of account, 14/10/08

 

CCA sent to ALL our O/C & DCA, 07/11/08 (Discovery of the great Cagship the previous week )

 

'Your request for info' template from CABOT with stat £1 returned, 10/11/08

 

'O/C experiencing delay in retrieving info from archives - account put on hold' template from CABOT, received on date of default, 24/11/08

 

Witheld repayments, 28/11/08

 

'We shall remind orig lender that your info remains outstanding - acc remains on hold' template from CABOT, 03/12/08

 

'Statement of acc' template stating full outstanding balance as min payment required from CABOT, 28/07/09

 

'Statement of acc' template stating full outstanding balance as min payment required from CABOT, 06/08/09

 

'Statement of acc' template stating full outstanding balance as min payment required from CABOT, 07/09/09

 

'OUR RESPONSE TO YOUR REQUEST UNDER SECTIONS 77/78 OF THE CCA 1974:

I refer to your letter dated 10/11/08, Cabot does rely on the O/L to provide the info in order to assist with your enquiries. We have made several requests for a copy of the agreememnt from GOLDFISH BANK Ltd (GBL), however we are still awaiting this info.

 

Not withstanding, GBL has provided CABOT with copies of the available statements pertaining to your account, which i have enclosed. These statements clarify the outstanding balance that was assigned to CABOT. They also clearly detail the repayments that you have made towards your debt, which constitute a clear acknowledgement of your responsibility to repay the debt.

 

Yes, AND?

 

 

In addition i am enclosing a statement of account which also details repayments you have made to CABOT, since our ownership of your acc.

 

Again, AND?

 

In light of the above, CABOT is of the opinion that you have been provided sufficient evidence that the accounts exist.

 

You are not disputing that, just their right to be collecting it. Bloody numpties

 

In addition CABOT has provided you with a copy of the NOA from GBL & our intro letter clarifying CABOTS ownership.

 

Point them to LoPA 1925 s136 and ask them where does it say that they can send out NoA's on behalf of the creditor

 

For your ease of reference the outstanding balance on the above acc is £xxxx.xx. I would recommend you contact our collections dept within 14 days on 0845 0700 116 to discuss the options available in order to settle this acc.

 

The option I would be discussing is a total write off but we know that aint gonna happen

 

I trust we have set our position clearly.

AMANDA CHIVERS (Handsigned not printed)." - From CABOT with printed statement, 'representation' generic copy intro letter, incorrect 'representation' NOA letter, 28/09/09

 

'Statement of acc' template stating full outstanding balance as min payment required, from CABOT, 06/10/09.

 

Thats all folks! So sorry for long post but wanted to give accurate timeline/details of templates etc (also to help with ScabHunters thread & examples).

 

I would like to respond to their CCA reply with something similar to " we are disputing your right to collect as opposed to we are disputing the account because obviously they haven't provided the agreement that we supposedly signed with the T&C's etc.

Grateful for any comments/advice please,

 

Thanks as always, Mpols x

 

 

As Mr T says, Make your point and refuse to respond unless they supply what has been asked for.

Cabot have recently been taking peeps to court without full paperwork so they may try it on with us.

[mysticpols06]

Cheers Fox - EEK! Would be my luck that i'm one of the ones they choose to play with - They have this of hubby's now, plus my main thread & my Cap one as well, which since i complained to everyone hasn't shown any response. I'll be rounding up any confident/experienced Caggers to hold my hand in court - it's one thing I am NOT confident about doing, mainly cos i struggle to retain the relevant info when necessary/under pressure, but we'll see - Maybe i could bribe everyone with chocolate crispy cakes or Bangers & mash on me Oh, well, Cest La Vie'!

Mpols x

[mr.ton]

When it comes to court & being nervous....you always have the right to remain silent

[ScabHunter]

This is one of the latest Crapbot gimmicks. I have seen it several times and will be making a post about it on the other thread very soon.

 

Proving an account EXISTS is not enough. How are you supposed to determine any balance on an account purely because it exists???

 

Why did Francis Bennion draft the act in this way? Why was it a requirement that the prescribed terms be on the signature document?

 

Obviously, because that is the only way a balance can be calculated on the said account.

 

In la-la-Crapbot land we have a situation where people write cheques with "don't know" in the amount box because nobody has provided any way of establishing any amounts which might be payable. And, presumably, the banks cash them.

 

Oh, sorry, of course. I forgot. There is always a way to determine a balance, isn't there? We owe a certain amount of money because Crapbot says so. Our lords and masters have spoken, so we MUST obey.

 

I don't think so, pal, do you?

 

These letters are very naughty. Crapbot are blatantly and quite openly attempting to collect money while in default of a legitimate request made pursuant to the Consumer Credit Act 1974 Section 78(1).

 

Everyone who gets one of these letters needs to bring it to the attention of the OFT.

 

SH

[GAVBU28]

This is one of the latest Crapbot gimmicks. I have seen it several times and will be making a post about it on the other thread very soon.

 

Everyone who gets one of these letters needs to bring it to the attention of the OFT.

 

SH

 

 

Enjoying your thread SH and you're right, people need to complain about cabot to OFT. If memory serves me correctly enough people complained about the 1st credit stat demands and they got wrapped for it, same applies here also.