Oh no, Cabot have resurfaced again after 3 years, can anybody give me some advice?

[rinkydinkydoo]

Hi all again, I have been in dispute with Cabot since Jan 2007, I had not heard of them for quite a while until last September onwards, when I recieved a barrage of letters, pay up or the usual threats, also a couple of offers of a reduced payment to clear the alleged debt, I quite happily ignored them and laughed every time I read their letters.

I recieved another letter of Cabot a couple of weeks ago and decided to reply, the usual give me what I requested or go away, this time the reply is slightly different.

They have sent me a reply card , with my signature on it and a stamp which says subject to credit approval, this I know is deffinately not a fully executed aggreement as everything is wrong. Also they have sent through statements and terms and conditions.

Even though I,ve done well to ignore them , I,m after some advice as to whether I should continue with this strategy or should I reply to them and remind them of what morons they are being.

Cabot are in the mind set that they have sent me a fully executed agreement and have said that I should get in touch with them within the 14 day time frame or this account will be passed back to their collections dept, LOL.

Surely after 3 years of waiting you would think they would have sent it to me if they had it by now?

Does anyone have any advice please as it would be very much appreciated.

[harrassed senior]

They do seem to be scraping the bottom of the barrel at the moment with alot of this type of thing coming to light.

 

Have you CCA'd them in the past?

 

It is a sure sign they know they cannot comply by them offering discounted settlements.

 

Personally I would continue to ignore unless you get anything more threatening.

[NailPost]

From what you say it appears Cabot will not have fully complied with the CCA request made more than three (working!!) years ago - and deep down, in their heart f hearts, they know they haven't but its the only paperwork they have and they'll argue until the cows come home that what they have complies with the act.

 

You could ignore them and they'll farm it out to the usual suspects to who you'll send the 'bemused letter'. If they don't go away you file a complaint.

 

You could tell Cabot you've sussed their game and invite them to issue court proceedings and watch a judge take them apart for blinding cheek. Alternatively Cabot should be asked to file it the account in the shredder.

[rinkydinkydoo]

Hi, thanks for the advice. Harrased Senior I actually ccad them January 2007, its been a tennis match with them until it all went silent, I have as late been reading up on them lately and they seem to be rather busy wasting peoples time a and energy in the hopes of recovering money from the unsuspecting.

Its so infuriating the way Cabot work, it does make you start to question yourself as to what to do next when you have had a long period of silence from them.

[harrassed senior]

Just thank your lucky stars that you have found this site and can be reasonably light-hearted, or just plain angry about the harrassment.

 

Posting on here does allow us to 'let off steam'!

[gyos]

Are they claiming it is an enforceable agreement?

[rinkydinkydoo]

Yes they are, FOOLS, I am quite shocked that after 3 years they can send a reply card yet again and state they can now resume collection and enforce the credit agreement.

They sent me the same reply card in March 2007 and also some terms and conditions and on comparing the T&C and APR they differ, what a shock.

They passed the alleged account onto FIRE, another seat in the Cabot office I suspect, they passed it back to their fellow Cabotere sat on the seat next to them and they sent this loads of codswallop. Argghhh, I will not get aggitated, I am passed all that now, Lol.

[gyos]

Didn't the OFT recently state that?

 

"No communications or requests for payment should in any way threaten court action or other enforcement of the debt where the creditor or owner is aware that it cannot or will not be entitled to enforce."

 

"A creditor should in no way mislead a debtor as to the enforceability of the agreement. To do so would be an unfair of improper business practice and would be highly relevant to the creditor’s or owner’s fitness to hold a licence."

 

"communications with the debtor should in fact make it clear that the debt is unenforceable."

[rinkydinkydoo]

They are desperate, I have just taken a look at the initial letter I recieved off them back in March 07 it states under section 78 of the consumer credit theyre under obligation to provide a copy of the executed agreement, therefore there is no requirement for this to be a facsimile copy of a copy which complies in every respect with section 61 of the consumer credit act.

ACCORDING TO CABOT-

The consumer credit (cancellation notices and copies of documents) Regulations 1983 make clear that there is no requirement for the of an executed agreement to contact the signature box copy .

We have in any event gone beyond our statutory duty in providing you with a copy of the signed application form. We would disagree with your contention that this is illegible.

As we have already provided you with a copy of your origional credit agreement (application form it is, tut tut) and statement of account, we have complied with our statutory duty under section 78 of the consumer credit act 1974.

 

Hell why havent you enforced and collected then?

Now through sending T&Cs with different APR rates, the judge would love to see this, as much as I know its best to ignore, I am quite up for a fight.

Even back in 07 they were convinced a reply card is acceptable as a fully executable agreement.

[rinkydinkydoo]

To top it all, Cabot have added interest onto the alleged account, yet another law they have broken.

[thrubolt]

I am acting on behalf of my wife over an alleged Crapbot account with Littlewoods Barclays, they have sent an application form which my wife is alleged to have signed but their reply to my complaint stated that by signing this you adhere to everything on here so to speak. I have their original copy from jan 09 and on it someone left a stickit paper over where it says APPLICATION FORM in top right hand corner. I said in letter that this looks a bit fraudulant and their reply today was that in no way has anyone commited fraud, but if we don't get a reply in 14 days the matter is going to be escalated - any comments anyone, not that I or my wife are really bothered, but for the ALLEGED sum involved, well it would be cheaper feeding chickens. I am tempted to say take her to court, but it would have to be our local one and not Northampton as my wife has a disability. Thanks all.

[rinkydinkydoo]

Hello Thrubolt,

I have been in dispute with Cabot for just over 3 years and I would advise you not to get upset or worried about the situation. In the years since I have CCAd them, they havent as yet been able to provide a fully executable agreement and the alleged account seemes to have been passed around to different collection departments within Cabot, although they do use other allias names.

I initially like yourself felt worried and also at times upset at the way Cabot treated myself and constantly tried and still is trying to pull the wool over peoples eyes.

At the end of the day they need to provide yourself with a fully executable CCA , make sure you keep copies of all correspondense and when the letters seem to go quiet try not to worry about it.

There are lots of people on this self help site who will be here to advise and reassure you.

[Pinky69]

I have a pile of letters from Cabot on four accounts which haven't even a scrap of toilet paper between them never mind a hint of an agreement. It's a lovely thought that they have wasted all that time and money for no return, not forgetting the money they spent buying a pile of bollox in the first place. They are desperate and they don't realise it is costing them more to chase these non-accounts than it is to leave them at the bottom of the moth-eaten cupboard where they found them. Pillocks.

[Windywoo]

I agree with everbody else, they are getting mega desperate!

 

I've just been issued with a SD for an unenforceable account, which has been in dispute for the past two years!!

[angry cat]

OOOOH, Cabot must be really desperate...!

[angry cat]

reg 3 of the consumer credit cancellation notices & copies of documents regulations 1983 states that signatures and names may be omitted.

 

However;

 

In respect of regulation 7 which states;

 

7(1) Where an agreement has been varied in accordance with section 82(1) of the Act, every copy of the executed agreement given to a debtor, hirer or surety under any provision of the Act other than section 85(1) shall include either -

 

a) an easily legible copy of the latest notice of variation given in accordance with section 82(1) of the Act relating to each discrete term of the agreement which has been varied;

 

or

 

b) an easily legible statement of the terms of the agreement as varied in accordance with section 82(1) of the Act.

 

We are of the opinion that reg 7 refers to a copy of the executed agreement and that sub sections a) or b) are in addition to this and NOT any alternative to sending the "actual executed agreement".

 

Quote by HHJ Waksman:

Carey v HSBC Bank plc; 23 December 2009:

 

"SUMMARY OF FINDINGS

 

234.

(4) If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms"

 

Cabot et al know this!

 

AC

[angel_1]

I have a pile of letters from Cabot on four accounts which haven't even a scrap of toilet paper between them never mind a hint of an agreement. It's a lovely thought that they have wasted all that time and money for no return, not forgetting the money they spent buying a pile of bollox in the first place. They are desperate and they don't realise it is costing them more to chase these non-accounts than it is to leave them at the bottom of the moth-eaten cupboard where they found them. Pillocks.

 

 

hey pinky,,,, i nearly spilt my coffee over my new pc:lol::lol:

 

have a fun day all laters angel x

[angel_1]

hiya rinkydinkdoo

 

can you advise who the creditor is tis not monument any chance?

 

anyway wishing you luck but really dont worry too much im sure you have accepted the info that others have said, that do not worry too much and when will it actually fall off your credit file so hoping it will soon be statute barred anyway unlucky for them

 

keep positive anyway lets hope that soon in the near future we may even get only 3 years instead of the 6 years of info on our credit files, maybe this is the reason guys now thinking of it that they are scraping the bottom of the pile???????????

 

have subbed to the thread by the way

 

have a fun day all laters angel x

[angry cat]

reg 3 of the consumer credit cancellation notices & copies of documents regulations 1983 states that signatures and names may be omitted.

 

However;

 

In respect of regulation 7 which states;

 

7(1) Where an agreement has been varied in accordance with section 82(1) of the Act, every copy of the executed agreement given to a debtor, hirer or surety under any provision of the Act other than section 85(1) shall include either -

 

a) an easily legible copy of the latest notice of variation given in accordance with section 82(1) of the Act relating to each discrete term of the agreement which has been varied;

 

or

 

b) an easily legible statement of the terms of the agreement as varied in accordance with section 82(1) of the Act.

 

We are of the opinion that reg 7 refers to a copy of the executed agreement and that sub sections a) or b) are in addition to this and NOT any alternative to sending the "actual executed agreement".

 

Quote by HHJ Waksman:

Carey v HSBC Bank plc; 23 December 2009:

 

"SUMMARY OF FINDINGS

 

234.

(4) If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms"

 

Cabot et al know this!

 

AC

 

You may also find the following of benefit:

 

I would remind you about the Office of Fair Trading (OFT) draft guidance (“the guidance”) on the rights and obligations of creditors and debtors under sections 77-79 of the Act and under the Regulations.

 

The OFT’s decision to prepare this guidance primarily resulted from their concern that debtors are being misled and on the other hand concern that some creditors appear not to understand the nature and extent of their obligations under these sections.

 

The OFT considers that where there has been a sale of the debt it is an unfair business practice to seek to take advantage of any confusion...

 

The OFT is clear that if a contract is unenforceable under sections 77-79, and that it is apparent to the creditor or owner, then not only must the creditor or owner not obtain judgement or take any of the steps listed in sections 76(1) and 87(1), it must not in any way mislead debtors or hirers, either by action or omission, into thinking that it will be able to obtain a judgement on a debt or to recover possession of goods or otherwise enforce any rights under the agreement.

Misleading debtors as to unenforceability is very likely to be seen as an unfair or improper business practice under the Act.

 

The creditor or owner should make it clear in communications to the debtor that the debt is in fact unenforceable. Failure to do so, where the creditor or owner is aware of unenforceability, would in the OFT’s view unfairly mislead the debtor by omission.

 

Unfair or improper business practices may form the basis for action by the OFT under the Act, including by licensing action or the imposition of formal requirements. In addition, to mislead debtors into making a payment may in certain circumstances amount to an unfair commercial practice under the Consumer Protection from Unfair Trading Regulations 2008.

 

Please be so kind as to provide to me, ALL documents that have been requested and take notice that I will not enter into any further correspondence with you, until I am in receipt of ALL documents!"

 

Swivel on that Mr. Desperate Ken Maynard and;

go scuttle back under that stone, from whence you came...!

 

AC

[Pinky69]

Hope you are all reporting them to the OFT. I will - I just do it in general terms telling the OFT what Cabot are up to and it's time they were investigated. The OFT love me !

[Pinky69]

Duly reported. Keep the reports going in guys.

[angry cat]

Many more members should file their complaints with the OFT;

enough complaints, then the OFT will have to investigate!!!

[rinkydinkydoo]

Thats the way to forward. I wonder how long it will take for the OFT to take notice and issue a full inquiry into the dodgy way that Cabot work?

[Windywoo]

Emailed my complaint today.

[angry cat]

Emailed my complaint today.

 

Excellent!

 

Many more need to complain to the OFT about, Cabot!!!