Cabot/morgan Claimform Morgan stanley card debt **struck out**

[Hadituptohere]

Hi everyone

I registered prior to christmas after doing some research on the web and finding this amazing place due to unbelieveable pressure (telephone/written) from our friends cabot and would appreciate any help available as they really have hacked me off please bear in mind that im only just pc friendly and really need everything in laymans terms (bit thick).

Im aware of two credit card accounts that cabot claim to own and have been collecting payments from me for the past years ??? (cant remember how long) until I fell ill from work and was no longer able to pay in June 2007.

After seeing some of the threads on this site I have managed to stop the irritating phone calls (dec 07) and have recieved a letter granting me 28 days grace if I respond to them by letter which I did by form of a CCA, I forwarded them a postal order for two pounds (2 accounts) along with the cca's, they recieved the cca's on the 2/01/08 (recorded delivery) in turn I have recieved 2 letters from Emma Robertson CRM along with my 2 pound PO in acknowledgement of my request, its now the 16/01 and still nothing else recieved.

Ive read amongst the other threads to S.A.R - (Subject Access Request) the original credit card companies which im in the process off but ive looked into the postal address to send the S.A.R - (Subject Access Request)'s to and it seems that one of the card companies (Providian) was sold on to another company (Washington Mutual), do I send the S.A.R - (Subject Access Request) to them?

Ive also checked my credit report and theres only one entry from kingshill for one of the credit cards which im lead to belive is unlawful unless they can provide me with an enforcable cca???

As said earlier would appreciate any help :-?

Hadituptohere

[42man]

I think you've done everything correct here Haditup so far, I would wait until you get a response from Cabot, bear in mind the timescales that they have to produce the CCA 12+2 working days, (in default if it is not provided) then a further 30 calendar days (will have committed an offence), (and please do report them to their local trading standards and the OFT and the FOS if they do NOT produce the CCA) If they do produce a document remember it has to contain the proper prescribed terms and also be properly executed) I would ony request a SAR if the chrges on the account exceed the debt itself (as a lot of debts are purely made up of charges).....keep us informed and let us know what happens

[Hadituptohere]

Would you believe it? ive had two letters today from cabot stateing that the original lender is experiencing a delay in retrieving the information from its archives and that they'll send the information to me as soon as they recieve it meanwhille as a gesture of goodwill they will put my account on hold untill they recieve further communication from the original lender????:-?

Where do I go from here guys???

Hadituptohere

[itsamomentintime]

standard Cabot crap - just sit tight until they default

[42man]

Standard response from Cabot....basically what they are saying is 'we don't have a proper professional business relationship with this institute we have to join the queue, but just in case we default (after 14 working days) or commit an offence (after a further 30 days) we will write this letter pretending to be nice, just in the hope that you won't complain to our local trading standards the OFT or the FOS when we don't come up with the document and break a statute act'.....

[Hadituptohere]

Just to keep my thread upto date, recieved another two letters from E Roberston of cabot today saying that the original lenders are experiencing a delay in obtaining information from there archives and that although 24 days have passed since my request they hope to be sending the information to me shortly. How nice of them??????

Also guys should I write to cabot now regarding them defaulting on the cca request, Ive recently checked my credit file and there still processing data about my accounts, can I do anything to stop and remove this info?

[Seahorse]

Experiencing a delay = we don't have the information you have requested.

[Hadituptohere]

Just wondering should I be complaining to any of the authorities? if so which or do I have to wait until 22nd feb until theve broken the law?

[Seahorse]

You'll have to exhaust Cabot's complaints procedure first, so now you've had a stupid answer back from them, follow their own timescale for complaints. AT the first breach of their own procedures, or at the end of 8 weeks, complain to the FOS.

 

You can see their complaints procedure here...

 

Complain at Cabot Financial Blog

[Hadituptohere]

Thanks Sea, at the risk of sounding stupid am I complaing about the lack of a cca, seeing as they have breached the act thus making the debt unenforcable?

[Seahorse]

That's only part of it. Complain to them that they are chasing a debt which they have as yet been unable to prove either exists, or to which they are entitled even if said debt did exist, which you are not admitting. Then also complain that as you have reasonably asked for that proof by way of a CCA request, Cabot appear to be deliberately obstructive, as evidenced by their reply to your request. Tell them you don't think it unreasonable to expect them to have all the necessary paperwork in place BEFORE pursuing a debt, otherwise how do they themselves know that the information they have is accurate?

 

That will do for starters.

[Hadituptohere]

Again today I have recieved two letters from E Roberston of cabot Informing me that 'Unfortunately cabot has not been able to provide the requested information within the relevant time period and that the original lender has not been able to locate the relevant information from its archives.' (great!!!)

Is there a template letter/notice that I can send to them to stop them processing data with DCA's which is showing on my credit file?

[42man]

Did they say how they were going to progress it ? i.e. are they closing your file ? sending back to the original creditor ?

[pmhcfc]

Is there a template letter/notice that I can send to them to stop them processing data with DCA's which is showing on my credit file?

 

Plenty of them in the Cabot forum...Oh wait,,it doesn't exist anymore - get your 'search shoes' on - every cabot post still exists somewhere on here- least I think they do.

[Hadituptohere]

42 theve said 'cabot shall continue to hold any action on my accounts until further notice

[42man]

Amazing....so why have they passed the debt to Scotcall....this is right up against the OFT's rules...which say....

 

Section 2.8 -

k. not ceasing collection activity whilst investigating a reasonably queried or

disputed debt.

 

While you are at it, read this link here, I think you will find it very interesting !!!

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/111844-another-cabot-court-case.html?highlight=cabot

[rory32]

Is there a template letter/notice that I can send to them to stop them processing data with DCA's which is showing on my credit file?

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

And

 

(b) If the default continues for one month he commits an offence.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

PRINT NAME DO NOT SIGN

...

[Hadituptohere]

thankyou for that rory, much appreciated

[Hadituptohere]

Right guys things are hotting up, well they are in my household (me and wife starting to pannic a little). cabot has sent me a letter : further to your request for information under the consumer credit act, we are pleased to enclose with this letter all relevant information.

Stating that : cabot and the original lender have now completed the relevant obligations under the consumer credit act, as a result cabot are entitled to resume collections of the outstanding balance.....

They have sent a bundle of photocopied statements, photocopies of Monuments visa conditions (the card was with Providian apparently), photocopy of a reply card with my signature and dated /2000, I have managed to get the docs scanned and sent to my email account if these need to be seen (dont know how to post them on the forum....bit thick!), would appreciate any help as ive said theres a bit of pannic setting in

Hadituptohere

[Hadituptohere]

trying to post the documents sent :

[Rhia]

Well...even by Cabot's standards sending you an internal email is yet another monumental blunder. Headless? And chickens springs to mind.

 

The application form is not acceptable as an enforceable document you have to have the prescribed terms within the signature document. Is this all they have (apart from statements)?

 

It's pants methinks.

[elizabeth1]

Is that another Monument Template I see here?

 

An internal memo and yet anothe useless "reply card"

 

 

They sure know how to make us laugh don't they? :D

 

Hilarious aren't they?

 

Are they ever going to find a member of staff that knows what they are doing? You couldn't write the script for this could you? Talk about "Staff Behaving Badly" - and they give awards to staff in this company?

 

Maybe we should be allowed to give the title of the awards to these staff - we know a few members of staff who should be awarded "special awards"

 

My Grandmother wasn't kidding when she used to say "they ain't all locked up you know!!" do you reckon she'd heard of Cabots??????

[andrew1]

That memo is an internal accounting memo and shouldn't have been anywhere near your paperwork. It's just getting staff to try out the system they've installed for suppliers - Sales and Purchase ledgers springs to mind. No doubt they class purchased accounts from Barclaycard as a 'supplier' but it's nothing to do with your account. Maybe they needed something to pack out the envelope when they realised they have nothing but worthless bits of paper to send you.

 

Tell them to get lost and think again about what you asked for - a properly executed agreement.

 

Also, add a p.s "have you ever heard of the 'Cabot Fan Club?' Yes? Good - now naff off " :grin:

[Hadituptohere]

Yes Rhia this is it but for photocopy's of monuments visa terms and conditions and a bundle of statements.

 

So im writing back telling them that the acount is still in dispute as this is not an excecutable cca and demanding the real thing? Is there any template letters I can use???

Thankyou everyone for your thoughts

Hadituptohere

[andrew1]

Just refer them back to Rorys Letter. It say it all in there and they have not complied. tell them to read it again and do what they are supposed to.