cabot/restons Claimform - Vanquis Debt***Claim Discontinued***

[letsgetitsorted]

Hi GM

thanks again,

of course you have showed me the light,

All their normal letters etc on one filling system and all of their payments/credits /charges etc should be on another one.

so i shall try getting that again from both the OC and The DCA.

ta again

[PriorityOne]

There's absolutely nothing wrong with them adding interest and charges to an account despite you believing that there is a 'dispute'. Can I ask what makes you think that they can't do this?

 

Evidence that they have the right? Cabot have never attempted to add interest/charges to one of mine because to date (3 years) they've been unable to substantiate any legal right to collect on it it; no CCA.

 

hi All

Well this is what i have just had back from Cabot

Any thoughts anyone.???

 

In other words, we believe the OC and not you and as such, the account is not in dispute and if you don't challenge this with us, we might issue couort papers (IMO)...[/b]

 

As you are already aware, a SAR is made in accordance with the Data Protection Act 1998 ("DPA") and as such, Vanquis' legal obligation under the DPA is to provide you with all information they hold on their files and relevant filing systems. Therefore, with regards to your comments relating to documentation that was missing from your SAR, if this information was not held on file, then there would be no requirement to include this in your SAR. In light of this, should you remain disatisfied with the informaiton that Vanquis has provided regarding your account, I would request that you refer this matter to them directly. Correct in that you need to take up your issue with Vanquis re. lack of SAR info.

 

In addition, I note your SAR to Cabot Financial (Europe) Ltd ("Cabot"). However, in order for us to proceed, we require a payment of £10.00, which is the statutory fee for this request. Therefore, please forward your cheque or Postal Order made payable to Cabot in order for us to continue and upon receipt of the same, we would be happy to supply you with the information that you have requested. However, I must reiterate that should Cabot not hold a copy of your credit agreement or terms and conditions on file, then this information would not be included in your SAR. Furthermore, Cabot does not hold details of any Payment Protection Insurance ("PPI") on file, as we are not the original PPI administrator. Therefore, we recommend you specifically request the same from Vanquis, should you still require this information.

]

 

Don't bother with a SAR to Cabot.... it's a waste of £10, IMO. If you're enquiring about charges/interest, then this info. would have been with the OC before the account was sold. Is there more in charges..... or is there more outstanding minus those charges? If it's the former, pursue the OC. If it's the latter, deal with Cabot.

 

My experience of Cabot wasn't a bad one but I did find them slippery, so in order to catch them on the back foot over this, send an additional CCA request to Cabot by rec. delivery. Although this isn't strictly necessary, I found that it shoots a nice hole in one of their particular arguments because the onus of proof is now directly with them and they have to deal with it, with less room for games. See what they send back (if anything) and if in doubt over what they send, go down the CPUTR route for confirmation.

 

One step at a time though....

 

[letsgetitsorted]

Many Thanks for the advice P1

today I will send a CCA request and then if that comes back with the same what Vanquis gave me then i will do a CPTUR for confirmation.

 

many thanks

[letsgetitsorted]

hi there,

One question, well 2 Actually

as an Original Creditor (Vanquis) has failed to supply complete paperwork on a DSAR is it possible to file a N1 claim to get them to give the paperwork?

if it is possible, what would be the best way to word the claim?

 

all help appreciated with great-full thanks,

 

 

cheers

[miss muppet]

Certainly is, did it recently with a catalogue company - its called an Order under Section 7 and Section 15(2) of the Data Protection Act 1998, found all my information from the main forum - Data Protection Issues, I think the thread was Fedupand fighting back's and entitled Them and Me, cost £30, if you have any problems locating, let me know, a bit tired tonight.

[letsgetitsorted]

Hi Miss Muppet

many thanks for that, I shall have a look and will let you know.

 

ta again

[nicklea]

This is difficult to answer as you have given so few details.

 

As with most things - it depends.

 

It largely depends on what you specifically asked for and what they actually provided.

 

Although please be aware that with a SAR you have no right whatsoever to see any original documents. The data controller may choose to provide them to you but they don't have to. They can just provide the information that is contained on these documents.

[letsgetitsorted]

Hi Nicklea

When I sent the DSAR I asked for, Original Signed credit agreement, T&Cs for when the account was opened, the signed application form, and full transaction History, with a breakdown of all charges and PPI payments that where added.

 

got partial account history but not in an understandable form, no T&Cs only the latest as of 2010, no agreement no signed application just a copy of a blank one (which didnt mention PPI) so the bits i wanted i never actually got.

wrote and asked for the missing info and got told, we have complied with your request.

 

hope that sheds a bit more light on the subject for you.

 

 

ta for responding

lets

[nicklea]

Hi Nicklea

When I sent the DSAR I asked for, Original Signed credit agreement, T&Cs for when the account was opened, the signed application form, and full transaction History, with a breakdown of all charges and PPI payments that where added.

 

got partial account history but not in an understandable form, no T&Cs only the latest as of 2010, no agreement no signed application just a copy of a blank one (which didnt mention PPI) so the bits i wanted i never actually got.

wrote and asked for the missing info and got told, we have complied with your request.

 

hope that sheds a bit more light on the subject for you.

 

 

ta for responding

lets

 

OK,

 

To start with, they don't have to provide anything with your signature on or actual copies of any original documents. Have a read of this thread to understand why-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?284049-SAR-and-RECONSTITUTED-AGREEMENTS

 

If they have sent you information that is not in an understandable form then I would suggest that you give them a call and ask for clarification. If that doesn't work then write to them and tell them that you will be issuing a court claim if they don't provide it.

 

If they haven't provided you with a copy of the original terms and if you took out PPI but it isn't included on the agreement that you received then what I would suggest you do depends on your circumstances.

 

If you are currently paying off this debt OK with noi problems then I will suggest one thing, if you're not currently paying it off then I will suggest something else. As I said above, it all depends.

 

If you are curretnly paying off your debt and you want to make a claim for mis sold PPI then, again, I would suggest that you give them a call and tell them that your statements show that you've been paying PPI so it must have been on the original agreement and you want to see a correct version. If there's no luck with that - again write to them and threaten them with court.

 

If you have not been paying this debt then I would suggest that you make a request for these things under s77/78 CCA. Their failure to respond properly will then be a defence if/when they take you to court.

 

Trouble is I don't know what your situation is - I can only guess.

[letsgetitsorted]

Hi Nicklea

ta for the response,

I have anotherthread relating to this company, they can be found here.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?300315-VAnquis-account-Sold-to-Cabot-account-in-serious-dispute&p=3364461#post3364461

 

cheers

lets

[the_shadow]

Two threads merged.

 

S.

[letsgetitsorted]

Hi All

I wrote to cabot last week sending £1 for the CCA, just got a letter back, they say they do not have this information, however they have requested it under section 77/78 from the OC, they should be able to supply this within 12 days.

 

interesting,

 

any advice please.

 

ta lets

[PriorityOne]

Hi All

I wrote to cabot last week sending £1 for the CCA, just got a letter back, they say they do not have this information, however they have requested it under section 77/78 from the OC, they should be able to supply this within 12 days.

 

interesting,

 

any advice please.

 

ta lets

 

It's just a waiting game.... but one that's now in your favour. Let's see what happens

[letsgetitsorted]

Ta for responding P1

had a letter from them last week saying they are trying to get the CCA from the OC, So we shall see what turns up,

 

 

i shall let you know,

 

cheers lets

[letsgetitsorted]

AN UPDATE

since my post last year,this account has now been past to cabot, i have started a couple of threads with different subjects but to do with the same thing,

they can be found here

http://www.consumeractiongroup.co.uk/forum/showthread.php?302729-Is-It-Possible-to-go-to-County-Court-To-Get-Paperwork-from-OC&highlight=letsgetitsorted

[letsgetitsorted]

Well today it has arrived, a credit agreement that bears my signature, although they have`nt signed it, trying to read it,is proving a little hard though.

it also says on there we need this information before we can proceed with your application,

 

shall post up once got it scanned

[letsgetitsorted]

Hi All

Well this week showed the delivery of

1) all statements going back to account instigation - interesting reading, the interest rate went up on 2 occasions in the first year, no notification of rise.

the only notification was when it went up from 48% to 54% this was mid 2009

2) an illegible copy of the signed application/credit agreement (attached no signature from OC)

3)2 sets of terms and conditions, 1 readable and the other not readable both of which do not relate to when the account was instigated

 

wasnt bad as i only asked for them 18 months ago- and had over £600 in charges and fees added in the first 6 months while i waited.

 

now without the notification of interest rate rises, can a claim be made along with the charges and fees as they have broken the agreement themselves by not notifying me of the changes.

 

any suggestions all welcome

 

ta for looking

 

Lets

edited agre.pdf

[PriorityOne]

If this is not legible, then it may have come from microfiche records. What you're after is clarification (under CPUTR 2008) that they do indeed have the original; not a copy of a copy that's been shrunk onto microfiche. Other than that, it doesn't appear to be properly executed if unsigned by the OC..... although this hasn't stopped companies from pursuing legal action.

 

Two points to raise though, if you're going down the CCA route.

 

[the_shadow]

If this is not legible, then it may have come from microfiche records. What you're after is clarification (under CPUTR 2008) that they do indeed have the original; not a copy of a copy that's been shrunk onto microfiche. Other than that, it doesn't appear to be properly executed if unsigned by the OC..... although this hasn't stopped companies from pursuing legal action.

 

Two points to raise though, if you're going down the CCA route.

 

 

Looks like there might be a stamp with a date on it on the right hand side although it could just be a fly caught between the two pieces of glass when copied from fiche to be honest

 

...but I digress, the point I'm trying to make is that a stamp with a date and initials or name will suffice as the lenders "signature" or at least its been held in court that such a mark is sufficient

 

S.

[letsgetitsorted]

cheers for that P1

i will be going down the CCA route, no valid CCA and no notification of interest rate change.

 

cheers

 

LETS

[PriorityOne]

I didn't notice the company stamp... and as Shadow says, courts are likely to accept this, so the only CCA issue now is whether they do indeed have an original or whether all they have is on fiche.

[letsgetitsorted]

Hi P1 and Shadow

ta for looking, no there is no stamp on the agreement.

i have just managed to edit the original with just a bit more clarity.

 

cheers Lets

Output.pdf

[the_shadow]

Hi P1 and Shadow

ta for looking, no there is no stamp on the agreement.

i have just managed to edit the original with just a bit more clarity.

 

cheers Lets

 

Cool, no sig + no fly!!!

 

S.

[letsgetitsorted]

Hi Shadow

def no fly on the agreement, so me thinks they can do 1, especially as the DN was invalid as well, but i will check under CPUTR 2008 to see if they actually have the original

cheers

lets

[letsgetitsorted]

Well my ordered magnifying glass turned up today, and guess what i still cant read the agreement,

would a judge accept that me wonders