Viva Hate V Cabot

[Viva Hate]

Good afternoon all,

 

I have read and taken heart from lots of threads relating to dealing with this company (well done everyone). I would like to share my dispute with these people and if anyone can offer assistance or help in anyway I will be more than grateful. I will try and be concise without, at this stage going overboard with details and will offer more information should anyone require it.

 

July 2008 I was contact by Cabot by letter informing me that someone from their company will be calling me - (OFT state this is bad practice under section 2.11a). I reply asking for details to be forwarded to me. A quick call I made to them established that they were looking for money from a Cahoot credit card last used in 2005, approx £2000.

 

A year passes......

 

July 2009 The exact same letter was sent. I again write back asking for details

 

Aug 2009 - Cabot write to say they are investigating - (OFT 2.1e - Failing to provide debtors or creditors with information on status of debts, for example, not providing requested statements when reasonably requested)

 

Sep 2009 - They again write to say they are investigating

late Sep 2009 - They write to explain that hey purchased my account from Cahoot in July 2008 and claim they responded by email to my first query, if they did then I never recieved said email.

 

This letter explained that they had contacted Cahoot in 2008 to ask fro details relating to this debt and that they wrote to me in Oct '08 and Jan '09 - here Cabot admit they had been sending correspondance to an address I last lived in in 2004!!. They again say that they are waiting for Cahoot to provide more info.

 

30th Dec 2009 -They write this time with copies of credit card statements, apparantly proving I owe £2000 from a Cahoot credit card last used in 2005.

 

Ok, I now have to decide what to do next. I have contacted them to inform that I have received their letter and will respond in due course. I have read other cases from people on this forum and it seems I should be looking for Cabot to provide the original copy of my credit agreement, which I thought they would have done considering they have been chasing the relevant info now for about 18 months.

 

Thankyou for reading.

[UnitedFront]

Having taken the steps you have so far, I always move on now to formally requesting a copy of the credit agreement under the cca1974.

 

Remember to send a £1 POSTAL ORDER. Do NOT sign your name and send by RECORDED DELIVERY!!

 

Then see what, if anything, they come up with. If and when they contact you, scan and post up what they send (removing personal details etc) and we'll have a look and see what is what.

 

Hope this helps.

Cheers.

UF

 

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

OR ANY COMPANY YOU PURPORT TO REPRESENT

Dear Sir/Madam

 

Re:- Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

 

 

 

 

I am a first year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. If you are in doubt, always seek professional legal advice from a qualified lawyer.

Edited January 5, 2010 by UnitedFront

[Viva Hate]

Ok, a CCA request has been sent off to Cabot ( recorded delivery, 6th Jan).

 

Not expecting a prompt response and can only guess what kind of reply I will eventually receive. In the mean time I was wondering if the fact Cahoot Credit Card failed to offer a default notice, will this help my case in anyway?

 

When buying my house is 2007 there was no sign of any default on my credit report so only assume this is still the case.

 

Sorry if this is a stupid question

[Viva Hate]

I've received a letter back from Cabot. They claim they have included an "enforcable credit agreement". Sorry I don't have a scanner to show a copy of this.

 

In the meantime, what should I be looking for? I cannot see anything relating to my right to cancel and also nothing with regards any charges for late payments

 

Thanks

[UnitedFront]

Have a quick look at this thread:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

 

It shows what needs to be there. It would be most helpful if there was any scanner you could use (maybe local library?) as then members can look and offer more accurate advice.

 

Cheers.

UF

[Viva Hate]

Have a quick look at this thread:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

 

It shows what needs to be there. It would be most helpful if there was any scanner you could use (maybe local library?) as then members can look and offer more accurate advice.

 

Cheers.

UF

 

 

Thanks UF,

 

I've managed to scan the two page document but the size appears to be slightly too big for this website . Could I email it to you?

 

VH

[Viva Hate]

Maybe in luck....

Cahoot Doc 1.doc

Cahoot Doc 2.doc

Edited February 18, 2010 by Viva Hate

[Viva Hate]

bump

[Bazooka Boo]

Did they send you the T&C's which they refer too on the first page?

[Viva Hate]

Hello Bazouka,

 

The sent me what is basically a 23 page set of Terms and Conditions, but would appear to be dated 2010. Basically, it looks as if they have printed off all of Cahoots current T@C's as they stand today.

 

Thanks

[Bazooka Boo]

So a card you took out pre 2005? They have sent you the T&C's for this year?

 

Well done cr@pbot!

 

IMO you should send them the 'Failed' 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

[Viva Hate]

Hello,

 

I think you're right and will send off a letter to them regarding this. I'm no doubt sure they will be able to then send something with "2002" written on it, whether or not originally from that time though, who can tell?

 

I feel I'm getting close to the stage of wanting to make an offer to them to just get rid of them as this dispute has been running 18 months now. I know this is their plan so don't want to give up yet but it is draining.

 

Thanks again

[Bazooka Boo]

You are correct, this is exactly how they operate, by wearing you down to the point you just cave in and give up.

 

This is not the recommended course of action, dig your heels in and make them do all the hard work, let them see they can't get blood from a stone.

 

I guarantee, as soon as you make them an offer, this will not be enough, or they will accept, then sell the remainder of the debt to a new DCA and the whole cycle will carry on.

 

Look at how much of the financial institutions we own or have a share of now, courtesy of our self elected PM.

Northern rock, we own it 100%

Lloyds Banking Group, we own 42% of it.

RBS, we own 84% of it.

 

And they still expect to be further bailed out?? I'm sorry if I owed anything to any of the above I would be deducting what percentage we have already bailed them out off my total debt.

[Viva Hate]

Brief update,

 

I wrote back to Cabot on 1st Feb informing them that the terms and conditions they sent seem to just be a print off from the current Cahoot Credit Card website (2010) and politely reminded them that I have been requesting correct info from them since July 2008.

 

No reply yet but will update again once they do.

 

Just one other thing, I'm not really clear on the rights and wrong of how default notices should be given. I have never seen a default notice for the Cahoot Credit card in question and certainly wasn't on my credit file when I bought my house in 2007. Does this have any relevance to my defence against Cabot?

[Viva Hate]

Well I have had a reply.

 

Basically the letter states "that the copy enclosed is an updated version of the terms and conditions and as such complies fully with our obligation under sections 77/78 of the Consumer Credit Act"

 

They have asked that I reply within 14 days with a repayment proposal or account will be escalated.

 

So, any ideas folk?

[Pinky69]

They always say that they will escalate - that's all they do, escalate. I would send the Account in Dispute letter to their complaints department and tell them as far as you are concerned the matter is closed and any further letters in connection with this disputed account will be forwarded to the OFT for their attention. Note that writing goes right through one of the bottom lines.

 

Now, remove the documents and repost them. Your personal details and address and phone number are on them - you should have covered those over to protect your identity on the internet.

[debt4get]

yeah ive been through the pre-school, prelitigation dept. etc etc..had another letter today and i quote..right you have been warned!!!we are now going to send an external doorstep collector to your home!!!mrs d4g is out there now in the cold polishing the bl**dy doorstep...dont know what they are going to do with mind

[phil_nottingham]

yeah ive been through the pre-school, prelitigation dept. etc etc..had another letter today and i quote..right you have been warned!!!we are now going to send an external doorstep collector to your home!!!mrs d4g is out there now in the cold polishing the bl**dy doorstep...dont know what they are going to do with mind

 

I think the plan to come and dig it out , leaving you with a large hole to fill lol:lol:

[debt4get]

just spoke to em told them yet again take me to court...reply was.. it aint worth our while...we will continue to press for payment..ok bye bye

[Viva Hate]

just spoke to em told them yet again take me to court...reply was.. it aint worth our while...we will continue to press for payment..ok bye bye

 

How much are they chasing if you don't mind me asking?

[debt4get]

yep best part of 1500 but half of that made up of their illegal charges to which they have no entitlement..and have also informed them of that.. but in honesty its like talking to a brick wall