Cabot please help

[seane]

hi everyone, can anyone help me with this i am only new to the site and dont no wot to do I have scaned in the documents and here is the summary:

 

Vanquis card

Debt Collector: Cabot

 

Vanquis account

 

In January i sent a CCA request to Cabot and at the same time complained to the Trading standards services. After some intervention via TS and some weeks later and sometime in March, Cabot came back to me explaining that they didn't have to provide a CCA and that a copy of the application form, statements of the original credit card and T + C's would suffice - but NO CCA. Why didn't trading standards point this out? After this trading standards closed my complaint as they felt it was resolved as cabot had replied with the above documentation.

Vanquis1a0001.pdf

 

Monumnet account

 

Now there is another twist to this. When Cabot sent the info pertaining to the vanquis case they also sent me information for another debt that they claim I owe with monumnet. In this case they sent me what looks like an application form, a deed of assignment and T and C's. I never requested these documents from Cabot in reltion to monument - No debt as far as I am concerned.

 

monument2.0001.pdf (465.8 KB)

 

monument2a0001.pdf )

 

Lack of experience in this matter and not having the knowledge I have now owing to reading around the site mean't that I thought Cabot had the upperhand, I didn't hear from them thinking they would go away. However, it was a weeks later until I had heard from them again.

 

In terms of Vanquis, nothing from them untill 15th September when they sent out a demand for payment and threats for legal action. Can they do this with no CCA? Nothing from Cabot in terms of monument either!

vanquis3a0001.pdf

 

 

Round 2 on next post

 

I sent Cabot an Account in dispute letter in reply to their demand for the vanquis account and in early October have now received a reduced settlement figure letter. They also sent a second letter on the same day stating ' our final response to your complaint '. Help needed.

 

 

 

Monument

 

Anyway, I had not heard a dickie bird in regard to monument since May then again in October. They are now demanding payment and say they will be calling out to the house - they sent this letter on the same day as I received the two in relation to vanquis - as above (see attachment 4). These three laters landed same day!

 

So they are trying to close me down and make me pay up with vanquis and are sending someone out in terms of monument!

 

Where do I go next with these guys:???:

Edited October 15, 2009 by seane

[seane]

here is the rest of the docs

 

Offer from vanquis to repay early

 

vanquis4c0001.pdf

 

Our response to your complaint vanquis

 

 

 

 

Vanquis4page1.pdf

 

vanquis4page2.pdf

Edited October 15, 2009 by seane

[seane]

A copy of the letter from cabot advising of home visit

 

 

 

Thanks for your patience

Edited October 15, 2009 by seane

[cerberusalert]

Thread moved

[seane]

wots this mean

[berrylover]

Ok, firstly you do not panic. They will not be sending anyone out to you, they are trying to frighten you. And what they really are trying to do is get you to call them so they can threaten you down the phone.So what you do is send them this letter, by recorded delivery and unsigned tomorrow. DO NOT CALL THEM.

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY.

ACCOUNT IN SERIOUS DISPUTE.

Account number

 

Dear sir,

 

Thank you for your recent letter dated on the th October 2009, the contents of which are noted. I requested a copy of my Consumer Credit Agreement with regards to the account on (enter date) and am yet to receive a reply which fulfils your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent, do not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

 

You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

Please be advised that I will only communicate with you in writing.

 

Should it be your intention to arrange any “doorstep visits”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully,

 

 

 

 

 

Send that, recorded delivery, unsigned then make a cuppa and put your feet up.

[cerberusalert]

wots this mean

 

I moved your post into a forum where you will get the best help that's all.

[mrennis]

ok thanks

[bluecar25]

We can see your account number on the files! You should remove them A.S.A.P

[seane]

Done thanks - will put them on in proper form tomorrow