Continuing a financial arrangement.

[citizenB]

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

 

Oh please do, I love conspiracies

[BRIGADIER2JCS]

Oh please do, I love conspiracies

[sameagle]

Had an interesting one from Cabot this morning.

 

They inform my friend that her "agreement is terminated", as she has not complied with the default notice, and payments have not been made at the minimum level etc.

 

Goes on to say that she will have to pay the full outstanding balance immediately.

 

Now, the last letter we had from them was to say that a default notice was to be issued on 13th Sept, but we never received one.

 

Also, because they have never supplied a CCA, the account was placed into dispute back in April, they were reminded of this, in a letter that I sent them last Monday.

 

I get the impression that there are several fingers in this particular pie at Cabot, but that nobody is reading the train of letters relating to the account.

 

They are also going to report the status of the agreement to the Credit Reference Bureaux, apparently, [she isn't bothered, she doesn't need credit]

 

What's the advice now, sit tight, as they still haven't produced the CCA?

 

Sam

[BRIGADIER2JCS]

Personally I would make a formal complaint to the compliance manager regarding the chaotic conduct of this matter.

[sameagle]

OK Brig, I will!

 

Sam

[sameagle]

I am about to submit a claim to Barclays, on my friends behalf, getting on for £700.

 

Some of it is composed of "late payment fee's", and some is PPI.

 

Do I put both on one calculation sheet, or should there be two sheets, please?

 

Sam

[dx100uk]

sep claims sadly

 

dx

[sameagle]

OK thanks, both in the same envelope, to the Compliance Manager, or do they have a special department for reclaims?

 

Sam

[sameagle]

Whoops!

 

Ignore those last two submissions by me - I've just looked back through the correspondence, only to find that one claim, for both, charges and PPI combined, was submitted to Barclaycard at Northampton on 31st March, this year.

 

Nothing has been received from them, and this was the one that they then sold [CCA'less], to Cabot.

 

Stuff 'em, if they can't be bothered to reply, I'll wait for Cabot to send their next threatening missive, then I'll have it photocopied, and send it to Barclays - and vice versa with Barclays junk!

 

Sam

[sameagle]

I've recently written to the Cabot asylum, and in the first line I wrote "....and you may take this as a complaint"

 

Does that statement require them to treat it as a complaint, or do I have to send for their own complaint forms, and fill them in?

 

Sam

[BRIGADIER2JCS]

It will depend on the frame of mind of the person opening the letter I think.

You could send it again headed '' Formal Complain'' then they have to acknowldege.

[sameagle]

"Frame of mind"? - that's why I referred to their place as an "asylum", Brig!

 

At the moment, I'm not sure if they simply cannot read, cannot be bothered to look at the past correspondence before hitting the "Print template letter no 43A", or whether they are being deliberately obstruse!

 

They've had three letters telling them that the account is in dispute, [no CCA], they keep sending "Your haven't paid", followed by "You can be placed in default", then "Right, that's it!, it's in default, now".

 

I sent a letter to their Compliance Manager the other day, [i doubt that they have one], asking why all these letters?

 

The account is in dispute, that's why no payments are being sent, please look into it.

 

Today, another one, "Your payments have failed", I'm hopping mad, what are they up to?

 

Anyway, rant over, thank you Brig, I'll send 'em a formal one tomorrow, ["There's life at Cabot Jim, but not as we know it"]

 

Sam

[BRIGADIER2JCS]

It's defo not human (e) life imo:madgrin:

[sameagle]

Cabot have sent an acknowledgement to my complaint this morning.

 

However, they say that because they don't have my friends authority to deal with me, they want my her to sign the supplied consent form.

 

They also want her personal details, including her telephone number, and her "relationship", [whether that is her relationship to me, or whether they want to know if she is having a relationship, I don't know]!

 

Also her signature - as she is deaf, a telephone is one instrument that she has no use for, and as they have no CCA, her signature is something I won't send them.

 

They say that if it's not returned, then they will respond to her directly.

 

They've been dealing with me for many months, whether they know it, or not, and I think that it's "sour grapes", because I've got them over a barrel.

 

I thought of asking her to create a totally different signature, can anyone suggest a more suitable response?

 

Sam

[sameagle]

Ref post 224, I emailed Royal Mail, and they tell me that they don't hold a list of Franking Number "owners"

 

Sam

[sillygirl1]

Tell them that they have already been dealing with you as your friends advocate, and therefore all requests for further information are pointless.

 

Then report them to the OFT and Trading Standards for asking for information which is not relevant nor needed and is asked long after the initial contact by them.

[sameagle]

Thank you, SG1.

 

Super idea, I'll do that, I've been opening all of my friends post for several months now, anyway, except for what is obviously personal mail.

 

All of her financial stuff, water, elec, gas, and her bank account, are now being dealt with by me, and her money matters are now on an even keel.

 

Should I report them to TS in West Malling, or here?

 

Sam

[BRIGADIER2JCS]

Hi Sam, The correct procedure is to have a letter of authority to act signed by the person you are assisting I have all the people for whom I act as litigation friend sign such a document.

 

Relationship in this that you are a friend assisting the person, they need know no more.

[BRIGADIER2JCS]

Kent TS for the complaint if you report locally it'll take ages to get through..

[sameagle]

OK, thanks,

 

Sam

[brokebutnotbeatn]

Hi Sam, you shouldn't complain unless they knew you were acting for her AND you have sent them a signed (by her) notice of authorisation. Only then if they refuse to deal with you do you have real cause to complain (IMHO).

[sameagle]

Barclaycard had a letter of authorisation, prior to it being sold to Cabot - they dealt with me OK.

 

In December, Barclays sent a letter to say that the account had been sold to Cabot, so I telephoned Cabot to get the reference number to put on my cheques.

 

I know what they say about telephoning, but it's the only time I've ever done it - and they gave me the information over the phone, so they accepted who I was verbally, and told me that they were recording it, [but I bet they couldn't find the recording, if pushed]

 

My understanding is, that when a new company takes on an existing account, then they accept it, "as is", and that would include authorisation.

 

Then, in December, after the letter, and the phone call, I sent Cabot a letter confirming that the reference number that I had been given, was the one that I would be using, to make my friends payments,

 

They cashed my cheques without any question, [i think that there were only two before the account was discovered to be in dispute], at no time have they queried anything, but now that they have been informed four times that the account is in dispute, they appear to be be desperate to divert attention from the complaint that I've submitted.

 

There is an easy way of getting them to deal with it, and that is to re-submit the complaint, and get my friend to sign it, of course.

 

The major flaw with that, of course, is that they haven't got a CCA, haven't got a signed CCA, haven't got a piece of paper with the necessary signature, haven't got a signature - are you seeing where this is going - giving this company a signature, isn't going to happen.

 

I've already written a letter along the lines suggested by SG1, but not posted it yet, plus letters to OFT and TS.

 

If they refuse to deal with me, then I can't see that there's much they can do, it's still in dispute, and if they are reading this, that's five times you've been told!

 

Sam

[brokebutnotbeatn]

Indeed. I would get your friend to sign a letter of authorisation but using a different signature...how will they know. Then if it every turns up on an agreement you could have a field day!

[sameagle]

Good batting, thinkman!

 

If my memory serves me correctly, the one that we sent to Barclaycard had her [much modified] signature, in fact, I couldn't even read it, but there were no repercussions.

 

I suppose that just as long as a little office junior has got something to file, then they are happy.

 

I'll get on to that on Monday, I'm off out in a few minutes, the local Indian restaurant is opening soon, and I am going to commit murder this afternoon - on a Chicken Balti, and a brace of "Cobra's", I might hasten to add!

 

Sam

[citizenB]

You could also mention that other companies are dealing with you on behalf of your friend and you therefore fail to see why they are being so obstructive.