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Help with a Letter


Bentley1
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I need to send the right letter to Cabot Finance asking them to provide me with both the Credit Card agreement that I signed with Monument and the amount of the debt (or preferably the last statement issued to me by Monument) along with a complete statement of the debt and payments made to Cabot since they took the debt over. I have requested this in writing several times and have now stopped paying them as it seems that everytime they write to me the amount differs. Monument agreed to stop adding interest to the account prior to Cabot taking over but the amounts differ so much in each letter going up and down and do not relate to any payments made. I now begin to wonder if Cabot even know what the amount is and are just picking a figure from the air. Surely I am entitled to a statement at least once a year but this has been going on for some years as evrytime I agree an amount I ask for a statement of account - never get it so stop payment. Can I put the account into dispute as they refuse to comply with my request for info.

 

I have been trying for about an hour to find the letter on this site but when I click on a link on one of the postings it just goes to other letters which are not relevant to me. Please help as I want to send the letter today (registered post of course) in response to an email saying that they are sending someone to my house.

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Hello Bentley1

First of all welcome to the forum, there are many people on here who are more than willing to help you.

I am not an expert in anyway or form but have gainedsome knowledge ffrom reading the many posts on here. my advice would be to send cabot the subject access request letter.....

Dear Sirs,

 

Account No: XXXXXXXX

Subject Access Request - S.7 Data Protection Act 1998

Please supply me with a copy of ALL information your company hold on me including a list of accounts and details of payments along with copies of statements.

 

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which relates to me and am entitled to under section 7(1) of the Act. If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response. I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me or collected monies to which you were not entitled, then I shall be reclaiming them and also the enclosed £10 Data Protection Act subject access request fee.

 

Yours faithfully

 

sign it digitaly enclose the fee of a £10 postal order and send it recorded delivery, if they have a credit agreement it will be included in this.

i hope this helps

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Hi and welcome Bentley

 

With luck this link will take you to the CCA request letter, amend it to suit, print your name in some way and send recorded delivery

 

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

They then have 12+2 days to reply

 

Hope this helps

 

R

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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You are a star! Let's hope they don't ignore my request this time as they have in the past. it does not seem to matter what correspondence you send them, they just ignore it and then send the same computer generated letter stating the same thing out - maybe they are all robots that work there. One question though - do I pay them in the meantime or say that until I get the requested data that I am not paying another penny?

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IMO the SAR might be best kept for later if it's needed

 

If after the 12+2 days (2 for postage) have expired and nothing has come through then you can with hold payment, if they do send anything back scan it and making sure no personal details/ref numbers/bar codes etc are visible post it on here and let them that know have a look

 

R

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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If you receive nothing with the time scale then you send the 'account in dispute' letter, which will mean no action should be taken, ie enforcement/selling on etc. until or if the required paperwork is ever supplied.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Just received an email from them which says

 

"External Agent Recovery Notification

We’ve previously advised you that if you didn’t repay your outstanding debt to Cabot, we’d take further action. Therefore, unless we hear from you immediately we’ll instruct one of our debt recovery agents to call on you to collect the debt."

 

Having just sent a letter requesting both the agreement (CCA) and the Subject Access Letter with postal order for the right amount in each letter - thought that if I sent both it would make them sit up and take me seriously, how do I respond to this as I can see them sending some bully to my house. I want to send them a reply by post to stop this but not sure what to say - anyone help me on that score please. I would pay them off in full if I thought that I could get the right amount out of them, but it is the principle of it now as I want them to supply me with all the documentation.

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Just email and post them this letter.

 

Dear Sir or Madam,

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384

. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

In Scotland change the last paragraph to :-

There is only an implied license under Scots Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc. Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you attempt to send such a collector to my home, you will also be reported for harassment and I shall seek damages for a delict of trespass. You would also be liable for conspiring in a delict of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless. Should it be necessary, I will obtain an interdict from the Court to prevent you carrying out your threat.

Yours faithfully,

Remember to print your name never sign it.

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