Spamheed vs Cabot **discontinued**

[spamheed]

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

[accesspwd]

will be interesting what bull *** (you fill in the blank) they come out with

[spamheed]

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

[spamheed]

Anyone?

[diskmandave]

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

[spamheed]

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

[IdaInFife]

i'd go that way as well

 

Ida x

[saddler10]

Hi, I informed Cabot that the account is in dispute, but they are ignoring that and continuing to pursue and add interest.

 

Saddler10

[spamheed]

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.

[rudy691]

they're still gonna put put charges on it and interest im affraid, thats what they do. you can always claim them back if theres no agreement

[spamheed]

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

[saddler10]

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

[spamheed]

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

[spamheed]

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

[sunray001]

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

[spamheed]

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

[sunray001]

Hi,

 

Does the OC not have to write to you and tell you that they have sold the debt to whoever?

[spamheed]

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.

[Fred Bassett]

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

[spamheed]

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.

[maxruda]

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!

[spamheed]

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 .

Edited October 26, 2009 by spamheed

[spamheed]

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

 

 

 

 

 

 

Edited November 13, 2009 by spamheed

[spamheed]

Bump

[hungrybear]

I'm not an expert on these things but I cannot see a right to cancel anywhere.

 

Also I'm not sure about refering to another document that contains the Terms