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

[Hadituptohere]

Thanks Andrew i had held of sending rorys letter until they had comited a criminal offence, which was the 21/02/08 hence the a slighly amended letter to fit has now been sent.

Would also like to point out that I recieved the photocopied rubbish yesturday 25/02/08 but the letter was dated 14/02/08 which would have been before the criminal offence had occured, luckily ive kept the envolope it was sent in that was clearly dated the 22/02/08.

they must really think im stupid??

[elizabeth1]

they must really think im stupid??

 

 

It seems that is precisely what CABOT are relying on !!!

 

With every template they muster up, every court claim they get their bogey like solicitors to issue in courts, every template reply they send us all in answer to our quesries etc.. - they are relying on your complete lack of knowledge in these issues.

 

These companies have spent years "winging it" and making a fortune out of the consumers lack of knowledge.

[Hadituptohere]

Hi

finding it difficult to sit on my hands and wait for cabots next move, is it worth sending a CCA request or S.A.R to Monument?

Hadituptohere

[Hadituptohere]

Just had some good news re the smaller debt that cabot was collecting on unlawfuly : We right further to your request for information under the Consumer Credit Act. Regrettably we have been advised by the original lender that they have not been able to obtain the relevant information for your account.

As a result cabot shall no longer collect on this account. (all that money ive paid them, it makes me really want to vom)

:D

Leaving one more to fight....

Hadituptohere.

[andrew1]

Just had some good news re the smaller debt that cabot was collecting on unlawfuly : We right further to your request for information under the Consumer Credit Act. Regrettably we have been advised by the original lender that they have not been able to obtain the relevant information for your account.

As a result cabot shall no longer collect on this account. (all that money ive paid them, it makes me really want to vom)

:D

Leaving one more to fight....

Hadituptohere.

 

Then ask them to repay you what you have paid them as they have collected money from you without having a right to do so. I could write to you asking for money, but you're not going to pay me are you? - so why give them money - get it back. Ask, they'll refuse, you issue N1 then send in the bailiffs! Give them what they'd give you.

 

Sarah

[Hadituptohere]

Would I be within my rights to do that? ive been paying them 50.00/pm for a few years. its quiet a lot of money

Hadituptohere

[andrew1]

Would I be within my rights to do that? ive been paying them 50.00/pm for a few years. its quiet a lot of money

Hadituptohere

 

If you'd been paying me under false pretences for years you'd want it back wouldn't you? If they do not have a right to collect money they have to pay it back.

 

The thing is Cabot 'buy' this debt - a creditor, whether the original creditor or not must supply proof that they are entitled to ask you for money. Well they haven't done that so you have every right to ask for it back - to hell with them. They only paid circa 7 or 8% of the debt value so they won't be losing much anyway so don't begin for one second to start to feeling sorry for them.

 

Write stating that as they have not been able to provide proof under their obligations within the Consumer Credit Act that they are entitled to collect money from you will be expecting a cheque for the total amounts you have paid plus interest @ 8% and if they do not within seven days then you will be taking legal actions to recover same. Then sit back and enjoy the ride.

 

The alleged debt belongs to Cabot, if they have bought something that was not a proven debt then that's tough. It'll teach them to make sure these debts are proven before buying them. You are not under contract to Cabot and entered no credit arrangements with them so they have no rights to demand monies from you. Get it back. & Tell them the Cabot Fan Club send them their love

 

Sarah

[Hadituptohere]

In no way would I be feeling sorry for these halfwits, just thought id read somewhere in the forum that you wouldnt be able to claim back monies payed to them.

Hadituptohere

[andrew1]

In no way would I be feeling sorry for these halfwits, just thought id read somewhere in the forum that you wouldn't be able to claim back monies payed to them.

Hadituptohere

 

....you probably did, but unless you stick your neck out and challenge them you won't be sent a cheque in a thank you card will you - go for it and make them realise they can't keep buying debt without the proper authority to collect. You won't be alone, there's hundreds of us here helping you to do it. An what have you got to lose? a 32p stamp?

[Hadituptohere]

Cool, if anyones got some well worded templates/ideas of what to send as im U.S at letter writing. thanks Sarah

[Hadituptohere]

Still putting together a letter to cabot requesting they return the payments the've unlawfuly collected on the smaller of my two so called accounts with them. Its now 31 days since cabot recieved my letter from post 17 in this thread that Rory posted for me and just had a Experian credit check and there still processing data on there, what would the next step be, where should I be complaining to (other than cabot) about this matter? thanks

Hadituptohere

[Hadituptohere]

Just thought of another thing I cannot remember recieving a default notice on the alledged debt that cabot have entered a default on..... deoesnt this affect things slightly???????

Hadituptohere

[Hadituptohere]

Bump

[Hadituptohere]

Its now 31 days since cabot recieved my letter from post 17 in this thread that Rory posted for me and just had a Experian credit check and there still processing data on there, what would the next step be, where should I be complaining to (other than cabot) about this matter? thanks

Hadituptohere

Any help would be appreciated guys

[Seahorse]

Have a look at my blog, and do a search for DPA. You should get an idea from there of why Cabot shouldn't be sharing or processing your data. But be aware, you'll probably have to take them to court to get them to remove the default. There's a lot of hoops to jump through first, such as complaining to the ICO first though. I complained months ago, and although I got an acknowledgement, I've yet to have any further contact from them. Unfortunately, I cannot take court action until I've exhausted all other avenues, including the ICO route.

 

AT this rate, my default will have dropped off before I can make them do it. However, even if that DOES happen, I intend claiming compo for the 6 yers of prejudice I've suffered anyway.

 

As for getting Cabot to return your money, I think you have about as much chance of getting that back as I do of marrying Keira Knightly. But! Nothing ventured, nothing gained, so you could just try something along the lines of...

 

"As you acknowledge in your letter dated (Whenever) that no agreement for account XXXXXXXXXXXX exists, I trust that you will now be making arrangements to repay the amount that was erroneously paid by me in respect of this account, a total of £whatever-it-was.

 

Please indicate your acceptance of this arrangement by issuing a cheque to me for the above amount within 14 days. Failure to do so will mean that I shall have to formalise this with a complaint to the Financial Ombudsman Service. You will note of course, that as you have exceeded your own timescale for dealing with my original complaint by a considerable margin, this would be a reasonable course of action under the circumstances."

 

Something like that anyway.

[Hadituptohere]

Thanks for the advise Sea, had a reply today following my letter (post 17) sent to cabot which they recieved on the 1/03/08, seems to me like a bog off, sidestepping the points that were made in my correspondance to them. any advise would be appreciated.

 

[Seahorse]

Well, it might satisfy their obligations in that they only have to supply a copy of the agreement IF it exists. And as it quite clearly doesn't, and the scrap of paper they HAVE supplied is exactly that, then there is no evidence that you ever consented to any sharing of your data.

 

As they seem to have missed their own complaint timescale, I'd say you have done as much as can be resonably expected, and so you can complain to the relevant bodies. Quite clearly, they are in breach of OFT guidlines with respect to debt collection, so have a word with Consumer Direct, who will in turn pass your complaint on to Trading Standards. See their website for a phone number... Consumer Direct

 

The FOS will also be an option. They'll hit Cabot with a £400 if they investigate. Have you sent Cabot a notice under section 10 of the DPA? If you want the default removed, then that should be your next step. If they fail to respond satisfactorily to that, you can escalate your complaint to the ICO. You MUST beVERY clear in your mind as to why you think this is something that Cabot should be doing. As I mentioned earlier though, the ICO is awash with complaints so don't expect a rapid response. But it IS a route a court will have expected you to take before you contemplate taking Cabot to court.

[Hadituptohere]

Thanks again Sea, no havent sent the s10 notice will be on its way tomorrow along with a call to Consumer Direct.

Hadituptohere

[Hadituptohere]

Well you wont believe it (or maybe you will!!!) cabot have sent me a letter recieved today, regarding the smaller of the two accounts which they have already written to me to say that they will no longer be collecting on due to the lack of the relevant information, asking me to contact them 'preferably by telephone if this isnt possible then please complete the enclosed budget form along with a proposal for repaying your account, If we dont hear from you within 28 days we'll have no alternative but to resume our telephone procedure.' would you advise that I wait to see if they do contact me via phone and log the calls to ad to my complait to the relevant authorities, or contact them in writing pointing out the previous letter I have recieved as they are sent by two different people

Hadituptohere

[Seahorse]

Use the letter as evidence that they are threatening to break the law regarding telephone calls. It's in black and white, so they CANNOT refute it. And get them reported. DON'T tell them, just do it. You have made every effort to be reasonable, and they are so arrogant they think they are above the law. They've been warned, so you can just take the next step now.

 

If the calls do resume, then just add them to your complaint as further evidence.

 

Feckers!!!!

[bigandyuk1]

Scary isn't it that even at this stage they insist on using template letters in the hope of froghtening us into paying them for an unenforcable debt !!!

 

Regards

Bigandy

[Hadituptohere]

I have recieved a letter today from cabot regarding the smaller of the two accounts (wich they had said they couldnt collect on) informing me that they now have the information necessary and have included :

A copy of the (claimed) credit agreement from morgan stanley.

Copies of the terms and conditions.

A notice of assignment on goldfish letterheaded paper dated 25/4/08 informing me that as of 27/5/04 goldfish has sold and assigned my agreement to cabot (this has Representation of this letter sent on 02/06/04 scribbled in pencil acroos the top).

A template for their letter of introduction dated 25/04/08 (with none of my details in also with Representation of letter sent on 02/06/04 scribbled across the top in pencil).

 

Will post the info asap once I can get access to a scanner to check the legality of the credit agreement/application but any advice would be appreciated.

Hadituptohere

[Hadituptohere]

RIGHT ive had another letter today reminding me that I havent paid my so called account or been in touch despite the bundle I recieved only had a postal date of the 25/04/08 and didnt recieve till 27/04/08, cant get to a scanner but hope this works :

 

 

 

 

 

Any suggestions as what to do about this would be appreciated, dont know if the application qualifies as a credit agreement.

Hadituptohere

[Hadituptohere]

Bump, again if anyone can please look at this agreement/application and let me know if its a true excecuted cca

thanks

Hadituptohere

[rory32]

Where do the financial and related conditions come from? If they are not part of the same document as the application then it is not a conforming credit agreement as the prescribed terms need to be in the credit agreement - not in a seperate document.