Continuing a financial arrangement.

[citizenB]

I think they should be able to understand that, Slick.

 

It can be really hard work explaining things to DCAs !!

[sameagle]

A letter from Cabot today, you might remember that they bought my friends debt from Barclays, last December, I think it was.

 

They, [Cabot], were unable to provide a CCA however, and so they were sent a letter on 11 April, using a template from here, telling them that the account was now in dispute - it was delivered on 12 April.

 

Todays letter is a Default notice, [novelty, I've never seen one before], and states that my friend must pay the £5 she now owes, [£1 a month], by 13 Sept.

 

If not, then either the account will be terminated and she must pay the full outstanding balance, [they neglect to advise her that the balance, as acquired from Barclays, is totally incorrect, we have that one up our sleeves], or,

 

The account may be referred to a DCA, or,

 

Legal proceedings may be taken, blah, blah, ad nauseum.

 

Is this real, is it bullcrap, or have they not referred to their correspondence file, that is, our letter of dispute?

 

Advice please.

 

Sam

[dx100uk]

crapbot will try anything to fleece people

 

ignore them.

dx

[BRIGADIER2JCS]

If you want to P**" them off Sam pay the fiver, seen this before a couple of years back and ignoring a tiny default sum cost the debtor much more!!

[citizenB]

Crapbot cannot issue a default notice ? Plus wasnt the account already terminated before they got their stikky paws on it ?

[BRIGADIER2JCS]

I can't find any detail on the status of this????????????????//

[sameagle]

If they own the debt, but it is in dispute, then my understanding is, that they cannot take the debtor to Court, as they don't have the CCA, surely that's the whole point of placing the account into dispute, isn't it?

 

Sam

[sillygirl1]

It is quite clear from a recent HFO case that they should have the documents before they go to court, and not be allowed time to 'find' them afterwards. (I have always pushed that you should NOT allow them time to 'reconstitute' documents for this very reason).

[sameagle]

OK, SG, thanks very much for that, this account was sold by Barclays back in December, I think.

 

All of the one pound per month payments were up to date, and had been for several years - the moment that a CCA was asked for, it was sold!

 

A CCA request was sent to Cabot, and they were not able to supply the necessary, so it was placed in dispute on 11 April.

 

We only made two payments, I think, before placing it in dispute, since then, they have sent a monthly reminder for payment.

 

The original account is prior to 2007, by the way.

 

Can they do anything?

 

Should I send them a reminder that it's in dispute, just in case they didn't bother to mark it as such when they received our notice?

 

Sam

[sameagle]

I'm presently putting together/modifying, the template "Account in dispute" letter, this time for Barclays.

 

They've failed to provide a CCA, in fact, that have failed to even reply!

 

Not surprising, I know, they are in a shambles, more so that most.

 

As I've sent several to various others in the past few months, I get the distinct impression that whether it's acted on, or whether it's ignored, leading to yet more "bubblegum", or demands for payment, is very hit and miss.

 

Would you think that sending this type of letter to the Data Controller, might get it dealt with more correctly - after all, I presume that he is the controller because he can read and write, thus giving him a major advantage?

 

Sam

[BRIGADIER2JCS]

I find it best when ever possible to bypass customer (dis) service departments and go straight to the personnel who can make decisions and act upon them.

[citizenB]

Are you able to scan in and post up the DN ? remove any personal information first. Follow instructions below

 

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

[sameagle]

Sorry about delay, PC has been offline, I can't scan the letter, but it say's just what I quoted in post #202.

 

All I really want to know is, if an account has been place into dispute because the creditor has not provided a CCA, what difference does the issuing of a default notice make, if any?

 

Sam

[BRIGADIER2JCS]

The debt showing on CRAs is it a default entry?

If so then no further default can be placed.

 

Some months ago a similar scenario was brought to my attention a DCA sent a default notice to a lady I was advising when I challenged them they claimed they can default because she had missed 3 payments on an arrangement with them.

 

I wonder if this is what is happenning here???

[sameagle]

The answer is no, it's never been defaulted, but it isn't that straightforward, as far as I can see.

 

It was originally a Barclays CC account, and my friend got into trouble with it, and £1 per month was agreed - I was organising her payments regularly, for 5 or 6 years, with none missed.

 

Then I got curious, [and involved with CAG], so I got her to send an SAR request, and about the same time, the beginning of 2012, sent for her CRA files.

 

Barclays immediately sold the account to Cabot!

 

My friend looked at the amount, just over £1000, and denied that it was ever that much, we'd never been sent a statement.

 

I sent a CCA request to Barclays, and to Cabot - Barclays said that they "Were looking for it, and it would be sent on" [their way of saying "There 'aint one", I suppose], whilst Cabot said that they were sending to the OC for it - no CCA has ever been received from either company, so we put the account into dispute, after two payments, [i think], to Cabot, then stopped paying.

 

The Account in Dispute letter to Cabot was posted on 11th April, and delivered the next day.

 

Equifax and Call Credit didn't have the account even listed in their files, we never received a report from Experian - they just arsed us about, they cashed my cheque, but sent nothing, and when I objected, they said that they were entitled to - then sent me a refund cheque, for the full amount!

 

Eventually, the SAR arrived from Barclays, full of late payment fee's, ppi and all the usual, so we submitted a claim to them for £628-59p - they've never sent it, and neither has that amount ever been deducted from the account at Cabot.

 

So, no, nothing has been in default up to now, but Cabot are threatening a default notice, I simply don't know what one of them means, I put two of her other accounts in dispute for the same reason, [Rob Way and Capquest], and they just threw up their hands, and went away.

 

Nobody has explained what one is - is it simply to tell her that she hasn't paid, because we know that, and we've told 'em why, "You 'ain't got a CCA", [be strange if they turn one up, and I tell 'em that the balance is wrong, by over 600 quid - cat's and pigeon's come to mind]!

 

Sam

[slick132]

Hi Sameagle,

 

A Default Notice is a formal entry that goes onto your CRA files to show an a/c is in arrears, by how much and from when. If your CRA files are already poor, a DN will make little difference.

 

If the DN total includes penalty charges and/or PPI, you can challenge it on the basis that such charges are unlawful.

 

You really should reclaim all penalty charges plus compound interest in restitution. Use this spreadsheet - http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls

 

Change the interest rate to 24.9% and tell us approx what figures you get for charges and for interest.

 

We'll deal with the PPI separately.

 

[sameagle]

So we've done the right thing by not paying Cabot any more, after send them an "account in dispute" letter, then?

 

Their letter seems to totally ignore the fact that it's in dispute, and they give me the impression that they are lumbering on like a steamroller, ignoring the rules, a bit like Barclays.

 

Sam

[citizenB]

Well Cabot cant issue a Default Notice only the original creditor can do that - surprisingly enough.. Barclays usually manage to cock that up as well.

 

When was the last statement received from anyone? It is mandated in the Consumer Credit Act that statements be provided.

 

I agree with slick, get that claim in pronto and just advise Cabot under the heading of an OFFICIAL COMPLAINT that the account is in serious dispute and until Barclayshark resolve it you will read and file their letters.

[sameagle]

OK CitB, thanks very much for that advice, I shall have the greatest of pleasure in informing Cabot.

 

You say only the OC can issue a DN?

 

The account was purchased by Cabot, so does that make them the OC now, or does it still rest with Barclays?

 

Sam

[citizenB]

Unless they were selling the account(s) as a going concern.. say when B/shark took over Morgan Stanley accounts, then the only other time these accounts are sold is when they are in default. So the account should have been defaulted by B/shark prior to assignment.

 

What would be the point of Cabot issuing a Default Notice - there is nothing to remedy and they cannot let the account run as a credit account if you were to remedy a DN ??

[sameagle]

Thank you very much for that info.

 

Sam

[sameagle]

I don't want to start the conspiracy theorist's off, but.......

 

A month ago, I got my friend to send off a CCA request to Barclays in Manchester - I've a sneaky feeling that the account in question probably never needed a CCA, but hey ho, it's a quid, plus a RD charge I can afford, and as Barclays are usually so inept, I simply wondered what the outcome would be.

 

In fact, I don't think that I've ever dealt with a Company with less "ept" than them..

 

After the 14 days - nothing, so I gave 'em another 4 or 5 for good measure, and sent an "Account in Dispute" letter.

 

Yesterday, they replied, the usual verbal chewing gum, apology for the delay etc, and stated that they cannot verify my friends' signature from their records, [not surprising, her name was typed on her letter!]

 

They went on to say that she should go into a branch to have her signature confirmed. and their records updated, blah, blah.

 

So I found a letter on here, where somebody had told a bank that the terms of the Consumer Credit Act doesn't provide for a signature under those circumstances, etc, and asked, having sent all sorts of sensitive stuff to her, at this address, are they now concerned that she isn't the right person?

 

Their letter was headed, Freepost, Head Office Customer Relations, London E14 5HP.

 

Whilst putting it into the envelope, for despatch tomorrow, I noticed that the envelope that it arrived in, was postmarked West Malling, and has N1354133 as the franking number.

 

Now, am I correct in saying that our friends "Cabot" are in West Malling?

 

I cannot discover from the 'net, who owns that franking number, but I wonder why, "Of all the places in all the World, you had to pick West Malling", with apologies to the late Humphrey Bogart?

 

Or am I being overly suspicious - after all, they are only bunch of honest bankers, aren't they?

 

Sam

[BRIGADIER2JCS]

Exactly CB there cannot be a default at this late date, and there is not a new credit agreement with Cabot!

[renegadeimp]

Royal Mail should be able to tell you who owns a specific Franking number.

[sameagle]

Thank you, I'll report back here, in due course.

 

Sam