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Spamheed vs Cabot **discontinued**


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Well it has finally happened, after seeing off Egg, Moorcroft and Freds, I now have Cabot on my tail.

 

Whereas all of the previous chimps have been acting for Egg, Cabot claim to have "bought" the debt.

 

The CCA was requested in December 2007 and proofs of delivery/posting were obtained and still retained, Egg certainly shouldn't have passed on the debt and it looks as if there is no agreement as all I got from Egg was a completely blank set of T&C. No payment has been made since then.

 

Now this lot seem to have a more professional approach and after reading a bit, I hear that they tend to play hardball

 

So I propose to start with the usual "bemused" letter in the first instance, outlining the dispute of the account and default of the CCA,

 

any words of advice etc?

 

also what's the best address to use? 1 King Hill Ave is their registered address

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The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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I've been thinking a little more on this:

 

Since thed CCA request was almost two years ago and three companies removed, I am of two minds, should I insist there is a dispute, as per the bemused letter, or would a stronger track be to deny all knowledge and make them prove it?

 

Opinions please

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Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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Anyone?

Hope this helps

 

 

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If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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I'ld be going for the dispute, all guns blazing mate...

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

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Thanks for that Dave, long time no see, Of course you're right but it's always nice to have the reassurance, sometimes the common sense goes out the window

 

I've already printed off the dispute letter and my other half will record it in the morning, I reckon with two DCAs left by the wayside and two years since the request, Even egg have only produced a blank set of T&C so I reckon that they have little to no chance of producing anything of any value.

 

I reckon by Monday I'll be a fully paid up member of the Fan Club lol

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The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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Firstly they have no right to apply interest or any charges unlesx they are clearly stated in the agreement. (which they wont be)

 

I think the "Egg Letter" is a bigger issue, regardless of what Egg say or don't say, Cabot are misrepresenting themselves by stating that EGG have written a letter when they obviously haven't. betters still in your first Egg letter they haven't even got the wit to get the name of the bank right

 

I would make a complaint to Trading Standards and Companies House, you got nowt to lose and it could prove productive.

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The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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Even with an agreement they have no authority to apply the interest or charges unless it is specifically stipulated within the terms and agreement, and to date there are no such agreements which allow for any as yet unidentified third party to apply such to an agreement.

AsRudy states, tho, this doesn't mean that they are going to stop

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The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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Cabot have sent an 'agreement', which I believe to be unenforcable due to reasons discussed here;

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html

 

However, I don't think an unenforcable agreement will stop Cabot.

 

Saddler10

Alliance & Leicester, £2944.66 settled in full, donation made!!!

 

Capitol One (Partner), £475.01 settled in full, donation made!!!

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When I sent my bemused letter to Freds a year or so ago, I heard nothing for a while, then Egg sent me a letter headed "You request for a copy of your agreement"

 

It was a blank copy of the terms and conditions, nothing at all on it, no dates, no names or addresses nothing. so now we are a year further on, I cannot see Cabot pulling a correctly executed agreement out of the hat

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The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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Well it's only been three dyas since I got their first introductory letter and their already trying it on with another letter this morning I think our letters must have crossed in the post

 

"The Cabot Financial Group has recently biought the account you held with Egg and we've tried to contact you previously. It's now vital that you contact us urgently to discuss your account"

 

They then continue with:

 

"The most important thing for you to do now is get in touch with us urgently, to prevent further action being taken"

 

Rather presumptious of them to believe that a letter with a forged NOA takes precedent over the match? or even my breakfast, I think not

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The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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Hi spamheed,

 

Got a bunch of such letters today from your friends.. We have bought your debt bla bla bla. We are here to help bla bla bla. NOA my ***.

I thought a NOA also had to come from Original Creditor.

What way do you like your egg, scrambled or boiled.

 

regards

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I thought a NOA also had to come from Original Creditor.

 

It has to be created by the hand of the assignee, so IMO even if Cabot claim that they have Eggs authority to do this, rather than exonerate them, it just implicates Egg as a party to Fraud :D

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The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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Absolutely yes, this is written in statute, so as a bove, if Cabot or whoever say "Oh Egg allows us to senf NOA's for them, it doesn't mean that they are free to continue with their actions, it means they are dropping Egg (or whoever) in the sh!te

 

This is about a contract between you and Egg, with Cabot coming along and telling you that they now have full rights, the other party to the contract must by law inform you and obtain your permission to assign the rterms and rights of the contract.

Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

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The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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Absolutely yes, this is written in statute, so as a bove, if Cabot or whoever say "Oh Egg allows us to senf NOA's for them, it doesn't mean that they are free to continue with their actions, it means they are dropping Egg (or whoever) in the sh!te

 

This is about a contract between you and Egg, with Cabot coming along and telling you that they now have full rights, the other party to the contract must by law inform you and obtain your permission to assign the rterms and rights of the contract.

 

And obtain your permission? That's a new one on me. Who in their right mind would give Cabot permission to obtain the rights to a debt?

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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In the case of a DCA representing the OC then there needs to be no change in contract as the DCA are simply fulfilling the wishes of the OC and acting on their behalf.

 

but if anyone wants to transfer their liabilities and benefits of being a contract member, and Cabot have claimed that this is the case, then permission must be sought from all other signatories of the original contract.

 

In these cases, since the NOA wasn't even presented by the OC, how can permission have been granted? even if the original terms and conditions stipulate that a signotary can transfer ownership in the way Cabot states. The law is clear that any NOA must be created by the hand of the assignee and cannot be done by proxied third party.

Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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hello I'm about to go down this path. and as a complete novice would appreciate instructions and help.

 

firstly a question:

 

If the last contact you had from egg was in 2006

 

(had a little disagreement with the individual who called my mobile.

Somehow, despite not having a card on the account for 2 years, the balance went over the credit limit while all minimum payments had been made for the 2 years without a card on the account!)

 

and the cabot letter has been sent to an address you haven't lived at for over 8 years, does the address the CCA was taken from have to be concerned as that is where cabot sent the letter not to another more current address that Egg had on file. (which i no longer reside at)

 

or is it as simple as returning the letters to cabot in the post marked 'not at this address'?

 

and wait for cabot to track me down through electoral roll etc?

 

then please do let me know my best course of action.

 

Is there anyone who has a simple contractual or procedural route to minimising the settlement or negating it all together?

 

I need help, please, I've not done this before and it looks like a veritable minefield to meander through!

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So anyhow, as well as the usual account in dispute letter, I sent them another pointing out that their NOA was a poor attempt at fraud and I didn't believe they had bought the account and until they provided me with a copy of the agreement and correct NOA, then I wouldn't communicate with them any further.

 

Their laughable response came this morning.

 

"We can confirm that the account was opened on xx/xx/200x and defaulted on xx/xx/200x, we can confirm that we have bought the debt and we are the legal owners" this is not verbatim, but I'm sure you get the gist. No reference to the dispute or previous CCA request

 

I'm so glad that they have cleared that up, a combination of a forged/fake NOA and that reinforcing statement have put my mind completely at rest and I now realise how foolish I have been in doubting Cabot and should begin paying them immediately :p.

Edited by spamheed

Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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  • 3 weeks later...

So after two years and Moorcroft Freds etc failures to produce any sort of paperwork at all, Cabot came up with the following.

 

Opinions please

AmendedCabotLetter.jpg

 

 

 

 

amendedagreementpg1.jpg

 

 

amendedagreementpg2.jpg

Edited by spamheed

Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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Bump

Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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