Help.... Cabot...

[kiltedman]

Please help.. I need some advice. My uncle received a letter from a company called clarity on behalf of Cabot

http://i871.photobucket.com/albums/ab276/kiltedman/cabot1.jpg.

 

we CCA'd them and received a letter back

cabot3 picture by kiltedman - Photobucket.

 

We have now received another letter from a company called Mackenzie Hall.

cabot1 picture by kiltedman - Photobucket.

We also have a letter from cabot that we received in may when we asked for evidence of the debt.

cabot2 picture by kiltedman - Photobucket.

 

Please help as we don't know what we can do now and do not wish anybody to call at the door.

[angry cat]

Oh God, not another MuckHall doorstep assessment!

 

Will they never learn?

 

Send the trespass rule letter.

[angry cat]

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

[Bazooka Boo]

Looking at their "SUPER FANTASTIC" website, they are clearly deluded.

Our objective is to deliver a range of quality interventions which minimise the impact of bad debt on provisioning and product profit and loss. Our fully compliant ‘best in class’ offering provides :

• Effective lettering

• Dialler intensity

• Telephone penetration uplifts

• Well managed, online field operations

• Automated Voicemail/SMS contact

strategies

• Value added trace

• Payment through our secure website

www.payclarity.com

 

So, Harassment and intimidation is really what they do.

 

OK aswell as the doorstep letter you should send to muckhall, enclose the 'bemused' letter also.

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

 

Muckhall, are almost as immature as my unborn child.......and I don't even have a wife!

 

Send Clarity the account in dispute failure to respond letter,

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

Unfortunately, everything you send them via the post MUST be sent using recorded delivery, this then will act as your evidence that they received your letters and requests, DO NOT talk to any of them over the phone, you MUST keep everything in writing as this is your only evidence and defence, plus it is for your protection against these extremely undesirable 'people'.

[angry cat]

If MuckHall are involved, you can bet your bottom $dollar that the alleged debt is a LEMON;

MuckHall, are only thrown the scraps...scraps that most dogs would turn their noses up at!

[kiltedman]

Thanx for your repies. the letter have been printed and are ready to be sent to clarity and muckall first thing in the morning by recorded delivery.

[vjohn82]

Dear oh dear...

 

To be fair they only have two options these companies... either harass people they know do not owe money or prostitution

 

Coming soon to a town near you... Muck Hall!!!

[angry cat]

Dear oh dear...

Coming soon to a town near you... Muck Hall!!!

 

Prostitution for Gain then;

with Cabot, as the 'Pimp'...

 

What a Cesspit!

[kiltedman]

Well the good news is that my uncle has not heard a thing from anyone since i sent the letters you guys recommended. The bad news is that my mother started to receive some letters saying she owes money on a Monument Credit card, she does not remember this card so i send a cca request and heard nothing until yesterday when an envelope arrived with the requested information. could you guys take a look and see if it is legal and enforceable. It did have her signature on it so she say's she must of sighed it but does not remember. I thought that i might be statute barred but from the statements they sent the last payment was made on the 6th july 2005.

 

http://i871.photobucket.com/albums/ab276/kiltedman/cabot/cabot1.jpg

http://i871.photobucket.com/albums/ab276/kiltedman/cabot/cabot2.jpg

http://i871.photobucket.com/albums/ab276/kiltedman/cabot/cabot3.jpg

http://i871.photobucket.com/albums/ab276/kiltedman/cabot/cabot4.jpg

http://i871.photobucket.com/albums/ab276/kiltedman/cabot/cabot5.jpg

 

Any advice would be greatly appreciated

[silverfox1961]

Hi,

Having looked at the first image, I cannot link it to the other pages you were sent. They look like generic terms and conditions.

 

Personally, I would be sending letter 9 from here:

 

The Consumer Forums - Debt collectors

 

The signature page is devoid of the required terms

[Bazooka Boo]

Are the documents as hard to read as you have posted? Or are they legtible?

 

Also, the date on your first scan, shows the date 12/01/2005, yet the other copies, which look like facsimilies, have the date of 19/05/2004, and apart from them sending/faxing the second page first, at 12.44pm it took them until 2.33pm to send the first page??

 

Smells like a trawler mans wellies to me!

Edited May 1, 2010 by Bazooka Boo

[alangee]

The Rapid Reply Card has a datestamp of 20th January 2004 (with wording just above and below that I cannot make out), whereas you have signed in January 2005. They also do not have the name and address of the creditor on the Reply Card.

 

Jpeg3 & jpeg5 are date stamped 19/5/04 (with different time stamps), and jpeg3 appears to have another date erased - modifying T&C's seems to be a trait of Cabot. Either way the T&C's are not the same T&C's that you would have received when you took out the card.

 

All in all it looks like the normal rubbish Cabot turn out, in hopes that you will just pay up. If you do not own your home, then it is unlikely that this will be pursued by them through the courts.

 

Alan

[kiltedman]

The documents are hard to read due to the size they printed and sent them but i can read them, also unfortunately my mother does own her house, so does that mean that they will pursue no matter what and would it be better for my mother to try and get a full & final figure that is as low as possible and pay them.

[debt4get]

no, not necessarily..i own mine and an alleged debt with cabot..that i have begged them to take me to court to establish enforceability of agreement..however they have declined again and again...there seems to be no rhyme or reason who cabot choose to target re court.....the only time to worry about court is if and when they issue an N1 claim..then and only then...there are plenty of people on here who can help with defences etc...worrying bout what cabot may do is simply wasting your life..you have better things to do than worry bout these idiots

[kiltedman]

Well Thanx for the advice guy's, i will be sending letter 9 from The Consumer Forums - Debt collectors and also sending a Subject access Request to both cabot and to the original lender (Barclays bank plc) and see what information we get back. I am interested to know what charges they have added since the original total was £810.70 and cabot are claiming for 1105.49. will keep you guys informed of any outcome.

[kiltedman]

Could someone take a quick look at the letter i propose to sent to cabot to check its ok.

 

Dear sir/madam

 

Thank you for your response to my request under the Consumer Credit Act section 78.

In your response you confirm this as a true copy of the original agreement.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. The Consumer Credit Act requires certain credit and hire agreements to be contained in writing, set out in a particular way and to contain certain information. In particular, the agreement must contain certain financial and other information. This must be set out in a specified order, with sub-headings, and shown together as a whole. The information must be of equal prominence, and easily legible.

In the case of credit agreements, the required information is:

 

• nature of the agreement
  
• parties to the agreement
  
• key financial information (including the amount of credit or the credit limit, the duration of the agreement, the APR, the total amount payable, and the amounts and timing of repayments)
  
• other financial information (including a description and cash price of goods or services, any advance payments, the total charge for credit, the rate of interest, how and when interest charges are calculated and applied, the order of allocation of payments, and variable rates and charges)
  
• key Information (including default or other charges, any security provided by the borrower, and prescribed statements of the protection and remedies available to the borrower), and
  
• a signature box, and other form of consent where applicable.
  

Both the borrower and the lender must sign the agreement. A copy of the executed agreement must be given to the borrower, either when he signs it or within seven days. A further copy of the unexecuted agreement may also need to be provided. If the agreement is cancellable (because it was signed off trade premises), notice of cancellation rights must be included in the copy agreement, and must also generally be sent by post or email to the borrower within seven days.

However, the absence of any (prescribed terms / signature) means that a court would be prevented from enforcing it under s127(3).

 

I am granting to you a further 21 days to produce a copy of an executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt.

 

After this period you should close the file and cease processing an personal data relating to me on this matter.

 

Yours faithfully