Barclaycard/Cabot/Mackenzie Hall

[Donel261]

Oh these people, not feeling the best and now CABOT are playing stupid again:

 

They have still not provided the documents or honoured my CCA request, yet Cabot write:

 

Dear Donel261,

 

The account you held with Barclaycard was purchased by Cabot Financial and currently has an outstanding balance of £883.64. Please contact without delay to discuss repayment of this debt.

 

We at cabot understand how easy it is to fall behind on month payments with credit cards loans and the other credit available in the market today.

 

We want to WORK WITH YOU to enable you to clear this deby in a manner which suits your individual circumstances. We will help you calculate your income and outgoings so that you are able to pay off this deb without unnescasary hardship. We offer easy payment options blah blah blah... we want to listen call us.......

 

Anyway, now for the back, which is a bit more interesting, are they being sly with the wording??? Are they trying to get around the CCA request by issuing this letter, can this be classed as a deed of assignment, they have already lodged a default on my credit file 2 years ago. They refer to the terms of the credit agreement but have never provided it. What should I do? I would love to hit them with court action. Any suggestions on a way forward?

 

(1) Kings Hill is the legal owner of he account referenced overleaf.

(2) Kings Hill is part of Cabot Financial Ltd.

 

(3) THIS LETTER ACTS AS YOUR NOTICE OF ASSIGNMENT OF YOUR ACCOUNT TO KINGS HILL LIMITED AND SHOULD BE KEPT?????????????

 

(4) As the groups servicing company Cabot are entitled to receive payment of the full amount outstanding n behalf of Kings Hill.

 

(5) INTEREST IS ACCRUING IN ACCORDANCE WITH THE TERMS OF THE ORIGINAL CREDIT AGREEMENT.

 

(6) You may want to take legal advice and should do so as a priority.

(7) All correspondence should be sent to Cabot....

(8 Cheques should be made payable to......

(9) We accept visa mastercard.....

 

(10) INFORMATION ON THIS DEBT WILL BE PASSED TO CREDIT REFERENCE AGENCIES!!!!!!

 

(11) This communication is an attempt to collect the debt and any information obtained in this correspondence will be used for that purposed.

 

:mad: :mad:

[Donel261]

Another lette from CABOT today:

 

Dear Donel261,

 

As you are aware we do not receive consumer credit agreements at the point of sale. We have contacted Barclaycard again today regarding the requested information, which has been duly chased.

 

Unfortunatly you have no legal right to a copy of the deed of assisgnment document itself, you have been notified of our ownership by our notice of assignment; this is our "hello" letter. A copy of which has been sent under seperate cover for your attention. (the letter above!)

 

We would like to add that we have acted properly at all times; we are doing everything in our power to obtain a copy of the agreement and statements on the above account.

 

I can confirm that once we are in receipt of the requested documents this will be forwarded to you.

 

We hope this clears the questions raised in your letter of 19th September 2006

 

Yours Sincerley

 

Emma Robertson

 

[Guest The Terminator]

But a notice of assignment is what it says(notice).As far as I know if no "deed of assignment" is provided then the collection of the debt is unenforceable.Sure there's something in the cca about that.

[Donel261]

Letter received from Mackenzie Hall:

 

" Please find encosed a cheque for the sum of £1.00 in refund of the statutory CCA fee. Please note that Mackenzie Hall are no longer dealing with this account, you must therefore direct any further enquiries to Cabot Financial."

[Donel261]

Had a call today from Kent Council's Trading Standards Department. She said Cabot have e-mailed her and said they are waiting for the documents from Barclaycard. She then said, but I have some bad news!! I have spoken with our credit expert and he has said that because Cabot are trying to get the documents they are doing nothing wrong and that can go on indefinatly!! she also said if they get the documents they can then start claiming the money again so you will have to pay. she said I am shocked that this situation can go on have you tried writing to Experian and lodging a notice of dispute???? yes, and Cabot told them the information was correct so they removed it!! She said "oh", perhaps you should let them have a bit longer and then write to them again and keep on top of things....

 

She basically said there is nothing they can do. :(

[Tinkerbelle]

Had a call today from Kent Council's Trading Standards Department. She said Cabot have e-mailed her and said they are waiting for the documents from Barclaycard. She then said, but I have some bad news!! I have spoken with our credit expert and he has said that because Cabot are trying to get the documents they are doing nothing wrong and that can go on indefinatly!! she also said if they get the documents they can then start claiming the money again so you will have to pay. she said I am shocked that this situation can go on have you tried writing to Experian and lodging a notice of dispute???? yes, and Cabot told them the information was correct so they removed it!! She said "oh", perhaps you should let them have a bit longer and then write to them again and keep on top of things....

 

She basically said there is nothing they can do. :(

 

She's kinda right I'm afraid.

 

Until they can locate and supply the documentation, the debt cannot be enforced. If the documents turn up in 2089, they can pursue you for payment. I guess that what she means by "indefinately" but she just didn't explain it very well.

 

With regards to you having to keep on top of things - well that's just lazy talk on her part. You don't have to do anything until they provide the docs.

[Guest The Terminator]

Had a call today from Kent Council's Trading Standards Department. She said Cabot have e-mailed her and said they are waiting for the documents from Barclaycard. She then said, but I have some bad news!! I have spoken with our credit expert and he has said that because Cabot are trying to get the documents they are doing nothing wrong and that can go on indefinatly!! she also said if they get the documents they can then start claiming the money again so you will have to pay. she said I am shocked that this situation can go on have you tried writing to Experian and lodging a notice of dispute???? yes, and Cabot told them the information was correct so they removed it!! She said "oh", perhaps you should let them have a bit longer and then write to them again and keep on top of things....

 

She basically said there is nothing they can do. :(

 

I tend to disagree here because 1) The Data Protection Act(1998) only gives 40 days for the documents to be disclosed. 2) The Limitation Act(1980) only gives them 6years so the word "indefentily" is rather loose. 3) you will find that both Barclaycard and Cabot are in default so any debt is unenforceable.

[Donel261]

Thanks guys,

 

Still a stain on my credit file though (anoth 3 years), its seriously affecting my abillity to get a decent mortgage as I have had a far from perfect past with. Do you think I should negotiate with them to pay perhaps half on the basis that they mark it satisfied in full and remove the default entry? or perhaps leave them more time to try and get the documents.... :-|

[hairyman]

What happens if you actually take the DCA to court over non CCA compliance and the Judge "compells" them to provide the evidence? big nasty toruble for the DCA one hopes?

 

You get to learn to use all sorts of wonderful acronyms on this site! DCA, CCA, Data Protection Act, CRA....

Isn't the debt unenforceable anyway, once 30 days has passed since you requested the documents under the 1974 CCA act?

[Donel261]

A very interesting update from the scoundrels at Cabot.

 

I had a letter in the post today which included a photocopy of my original barclaycard application form, I therefore accept the money owed to Barclaycard, I guess if it has been sold on I owe Cabot aswell

 

Anyway, I am thinking of making a full and final settlement on the understanding that they remove the default. Perhaps for around £400 which is about half of what is owed. My barclaycard limit was only £500 the rest has been interest and bits added on by Cabot. Anyway, do you think this is enough or too much to offer. I am going to state this is a one off offer being made because of the generosity of my parents and will not be increased. Should they choose not accept it then I will enclose an income & expenditure form and make payments of £2.50 per month until the debt is cleared....... do you think they will go for it? am I approaching this right?

 

I would pay the full amount if it meant removing the default from my credit file but if they have paid peanuts for the debt why the hell should they get it.

[Seminole]

Other than interest, what else have they added?

[Donel261]

Nothing to suggest Cabot have added money, just me assuming they would. No, now going to send them a letter agreeing to pay about £400 in full and final settlement and ask that the default be removed, this will clearly be awknowleding the account so is this the right thing to do? Also, do you think they will remove the default? if not, I am not paying them £400.

[NailPost]

Their obligation under the CCA includes a statement of account. Was this included? Did they also enclose a deed of assignment?

 

If they haven't sent these two items I would tell them until they do you consider they have not complied with your legitimately legal request and the matter is still in dispute. Add you are considering reporting them to the OFT. Ask what they propose to do.

[Donel261]

No statement of account, they said they dont have to issue a deed of assignment, I have no right to that document, they sent me a letter saying we are now collecting this debt and this letter is our introduction to you and acts as a deed of assignment.

[NailPost]

They're talking b&*&**s again! No deed of assignment means they can't prove they own it so no debt. That isn't to say that they can't obtain one from Barclaycard but you must make these scumbags realise you will not pay until all the details have been provided. They must provide you with a statment as well showing all payments received and any charges/interest added. What they're doing is saying "give me money" just like Dick Turpin did on the A1(M) all those years ago. You would report muggers and robbers so why give in to this bunch.

[andy8]

They're talking b&*&**s again! No deed of assignment means they can't prove they own it so no debt. That isn't to say that they can't obtain one from Barclaycard but you must make these scumbags realise you will not pay until all the details have been provided. They must provide you with a statment as well showing all payments received and any charges/interest added. What they're doing is saying "give me money" just like Dick Turpin did on the A1(M) all those years ago. You would report muggers and robbers so why give in to this bunch.

 

Is there a template of the letter requesting a deed of assignment??

[Donel261]

Provided all the details (eventually), now trying to negotiate a reduced settlement as cant afford to pay full amount. Refused twice even though I have told them 50% of what they claim is as a result of charges.

[NailPost]

Write and tell them they are in no position to argue because you are firmly in control.

 

Inform them that the production of docements "eventually" is a breach of the CCA. If the default lasted more than a calendar month they committed a criminal offence.

 

If you believe that 50% of what theyare claiming are charges tell them you intend you intend to SARN them for the details. Bear in mind that a full statement of account is your right under the CCA 1974. Another breach?

 

So inform them that the current offer, as little as you feel like making even if that is less than your current offer, is your final offer. If they are unhappy with that invite them to take you to court and get them to persuade a judge. Remind them what you will bring to the hearing! Remind them they will need to justify their claim in full.

 

If they decide not to do that why should you offer to pay anything at all.

 

By the way I was clearing the house today and found a letter from MHall written about 18months. I laughed when it said, in bold letters, "you are leaving us with no alternative but to proceed with further action" It webt on "it is imperative you contact the undersigned immediately, no more reminders will be sent"

 

That's the last I heard from them

[Donel261]

right, I am now in a position to start arguing with these buggers again. Am going to try them on the full and final settlement again, knowing "our underwriting department" will refuse the offer again.

 

In relation to the charges to the account, I am a little confused to say the least how do I deal with them. I have a statememt of account and around 50% are charges but how do I get them knocked off the debt? its not like I can write and ask for the money back, it is a debt.

 

Any advice you could offer is greatly appreciated.

[NailPost]

SARN Barclays to get full details of the account and the charges they added to the account. This will cost you £10 and they 40 days from receipt of the letter (recorded delivery) to comply.

 

Note that a SARN request also means they must provide all details they hold on you.

 

Write to Cabot and tell them you are waiting for these details and you will contact them when this has been done. They did this to you when they were up against a statutory 12-working day limit to provide details and you might like to remind them of that.

 

Take no bull****, just tell them. You got rid of MHall, now its Cabot's turn

[Donel261]

Thanks Nailpost,

 

I have all the gubbins from Barclaycard, (1) Copy of signed agreement, (2) Statement of account and (3) the notice of assignment to Cabot. I just dont know what to do with the information as it is not money I am owed or can reclaim, it is money they have added to a debt and then sold on to Cabot. I am trying to argue with Cabot that I do not owe the full amount, I have made them an offer in final settlement and they should accept it because of that.

 

You know what they are like though, you cant reason with them

[NailPost]

Why would they add money to a debt? Is it interest or penalty charges? How much have they added? - that is what you need to try and find out before you even think of making Cabot an offer.

 

You should also bear in mind that Cabot will not have paid what they are claiming for the debt. They may have paid as little as 20% to Barclaycard.

[Donel261]

No they are penalty fees, it is a very old debt and they come to about £400. I ignored the payments for ages and accrued penalty charges every month which just mounted as nothing was being paid, they then defaulted me and sold the debt on with its current balance including all the penalty charges. (if that makes sense... confusing myself now, lol) I therefore offered them £400 in final settlement as that is the money I actually owed them.... prior to all the charges.

 

Will pull out my paperwork....

[NailPost]

If they are charges you could write to Barclaycard and demanding their removal. If they refuse you could start a legal action to claim them back. More than likely Barclaycard will capitulate and pay you the money - read the other threads on here.

 

You could therefore tell Cabot to get stuffed but in reality it would be up to Barclaycard to inform them the debt they sold to them was indeed a worthless pup and that is the end of it.

 

Its worth a try.

[Rhia]

Done 261...only just seen this thread. Double check what Cabot has sent to you by way of an ageement. Is it just an application form. Many DCAs are passing off the application form as the agreement. Get a magnifying glass to it and read EVERY word. Also do a search on here under can't supply original agreement. If it is just an application form go back to them and tell them they still haven't complied.