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Merel

CABOT Lying and not sending CCA request etc. etc

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A long time ago, I asked Cabot to supply me with details concerning the debt they are trying to collect from me.

I used one of the forms that was supplied by this forum.

They didn't not sent a copy of the Credit agreement but instead sent a copy of an application form.

 

Depsite sending Dispute letters (all correspondence had been sent signed for) they are now claiming that they never received my request etc. etc.

 

They are actually lying.

 

This has been now going for 2 years at least. I thought that if they did not comply within a months time that they are breaking the law?

 

Can anyone advice what the best action is as I am fed up with threatening letters of an account that I cannot even acknowledge as my own. Reason is that I have been a victim of identity fraud and me and my husband have had various strange outfits trying to claim money for debts no longer owed.

 

Look forward to your advice :)

Merel

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Hi and welcome to CAG

 

The month bit (breaking the law) has been repealed and is no longer relevant

An application can be an agreement so long as it contains the prescribed terms.

 

Not that it matters as you say this could be fraud.

 

If you think it is fraud, report it!

 

http://www.actionfraud.org.uk/

 

As for "allegedly" lying. Did they say they never got your letters in writing?


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They have now twice confirmed in writing that they did not receive my request. If this 'breaking the law' has been repealed was this also the case in the beginning of 2008 as this is how long it has taken Cabot so far for them to sent some information.

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Just to give some more information, the application form dates back as far as 2003 and doesn't show anything apart from a general application. We have had financial difficulty in the past and have paid many of our debts of through the means of an agency. Also our house was repossessed and the accounts with the bank were settled this way. However we still have occasionally debt collectors chasing for accounts already settled.

We have reported some of them and have been confirmed as 'East European Mafia'

We can no longer see the wood for the trees.

 

Hence the question.

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Guest Cartaphilus
Reason is that I have been a victim of identity fraud and me and my husband have had various strange outfits trying to claim money for debts no longer owed.

 

So, you have reported this also to someone like the police at least before now?

 

I am trying to understand where the fraud part fits in here, so please help me a little. Is it because, as you say, Cabot is 'lying' and saying they've not received your letters (which, I have to say , is a pretty common thing with DCAs) or because the debts Cabot are persuing are concerned with that same fraud.

 

Though I am sure there will be suggestions about how to deal with that from some of the others in time.

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Guest Cartaphilus

Well, that was a little odd ... because far as I was aware I was unable to enter that post above, due to ... something slowing up my system and having to log out of here and Firefox completely, something about a 'script' running on the page. Wierd. Guess it must have been posted in all the chaos before I had a chance to cut it down a little.

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Hi Cartaphilus,

 

Have to admit that my finanical affairs have become over the years a confusing mess. My own Identity was stolen (Intercepting my mail) and a barclaycard was taken out in my name by this thief. The scary thing is that all details were correct including my age but not the month of birth. The first time I found out about it was when a debt collecting agency contacted us with threats etc. etc. To make a long story short, contacted Barclaycard reported it and thought it was sorted.

I have however no idea what mail was stolen and how much these people knew about me.

We owned a house, had several loans taken out over it to help our business.

Business failed, house repossessed and have attended court etc. etc.

All the debts we had with our bank were settled , including current account, the lot.

A few years ago we started to get debt collecting agencies chasing debts that have been settled.

They made out that our re-possessed house was sold for less then our debts owed. and if we could settle the difference of around £28,000

(I think this agency was Aktiv Kapital or something). We found out through the internet that our house wasn't sold and reported it accordingly. Trading Standards informed us that they were aware of this activity. We sent our response to this debt collector concerning our settlement of the accounts we've had and with the threat to report them and that was it. But ever since I signed on for my credit reference files, me and my husband start to get all these debt collectors trying to collect on mortgage accounts etc,. no longer owed. or we don't even know for who they are supposedly trying to collect for as the letter says someting like to give an example HFO collecting on behalf of Tessera...

 

In the past we had indeed a momument credit card, the limit was something like £300 and we cancelled the cards, (we also had insurance on it) and told them about our financial difficult situation. they allegedly were supposed to cancel the account and put the charges on hold. We were then working with a company for an IVA

However, Cabot is trying to collect over £2,000? for something I am not sure about if it is correct. Because of high maintenance claims made by the CSA incorrectly we were earning under negative income and could no longer honour our IVA. Any correspondence was dealt with by this agency. The debt collectors kept on changing every month more or less. Therfore cannot see the wood for the trees.

 

How can I find out that this monument account is not 'barred' or whatever the term is as the account itself is over 6 years old and am not sure if payments were made to some debt collector or monument direct when this IVA agency was in charge.

 

This is in nutshell, we didn't even know that Cabot had put a default on our account dating back to 2007? So did HFO for an account that is actually settled.

And not just on mine but also on my husbands, He paid of an American express card but still gets agencies chasing him.

 

Sorry ..it is messy.

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Guest Cartaphilus

Okay, thank you for elaborating. My computer chose to have a 'fit' of some kind, which has now been isolated and dealt with.

Trading Standards informed us that they were aware of this activity.

 

Did they not do anymore, if this situation is that serious for example? Perhaps pass this information on to an enforcement agency (to me I'd think they would given the level of activity going on here). Also, I'd report them as per the link silver gave, and also get the police involved; who has described them as 'East European Mafia' for example? An enforcement agency or just a generalisation? Seems to me the police should be informed if I understand you.

 

The rest it will take someone with far greater knowledge than I have ritght now, as it appears some of it's all tied in somehow to this fradulent activity, therefore you shouldn't be having to deal with it by yourself ie sort it out. To me anyway.

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Thank you Cartaphilus.

 

We have been dealing with this now for such a long time and we were complete and utterly ignorant to our rights and the help we could receive. 'East European Mafia' was a statement used by the OFT. My husband reported it...

I think it all ties in with the declaration in the newpapers of our business closing etc.

 

The debt collecting agencies was one thing to deal with, we also had to deal with the CSA which was the reason we could no longer pay our mortgage. This is now however finally coming to an end as we won the case (Although it doesn't bring our house back).

 

One debt collection agency sent my husband a small claims order. In his defence he explained the need for a CCA in order to verify the alleged account (Showing HFO on behalf of Tessera) They immediately pulled the case from court, it was when the sent their version of a CCA (Copy of general bank leaflet when you open a bank account) for HSBC. No signature nothing. The fact that it was HSBC was already a confirmation that it was yet another bogus claim.

Another that was sent to me (Small claims order), we replied in the same way... case was recalled and to date still don't know what that one was for.

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Hi, and welcome - I personally know how you feel, different reasons but similar muddle:roll:

 

I am quite an organised person and have found that firstly sorting through all the paperwork you have and trying to get them into orginised 'piles' seems to help. There are 'chains' of DCAs who go by confusingly similar names, the next desk along is from someone completely different etc. and confusing you is exactly what they are trying to do.!

 

Once you have several little 'piles' of letters relating in some way to different alleged debts, sort them into order, and get a large sheet of paper for each one and make some notes from your own memory as to what these may refer to.

 

Also try and assemble the confirmations that you have had when you paid off those debts which you say are closed, and try then to allocate them to their relevant 'pile'.

 

Do you see where I am going?

 

Once you have done this, start a seperate thread on here (no one minds how many you have), but it will make it so much easier for us (and you) as we work our way through with individual advice for each case.

 

I hope that this advice will help you turn the 'forest' into little gardens which are easier to manage:lol:


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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Thank you Harrassed Senior,

 

I think I have made some connection between Fenton Cooper, Robinsons way and Rockwell. They all are acting on behalf of 'Tessera'. Because of the small courts claim they've put in, we now know that they are trying to collect on mortgage accounts etc. that have been settled through the repossession of our house.

 

CCS Collect is trying to collect for Aktiv Kapital, who was the one that tried to collect also for settled mortgage accounts. The company that sent us fraudulent HSBC headed papers was CapQuest. I suspect that Capquest has sold on these accounts to the various other debt collecting agencies.

 

These debt collecting agencies are mainly referring to each other's debts and don't give out original lender information or account numbers and despite asking for this documentation simply 'ignore us'.

The latest requests we now receive are for GMAC, and these accounts have also been settled and are over 6 years old. The cars we had for our company were handed in. No payments have been made to these accounts so I expect that this is over the time limit now.

 

Just don't know how to proceed with Cabot as they just play what is in my opinion a 'dirty' game. I asked the for a CCA, they have now twiece lied about receipt of my request depsite it being sent 'signed' for also the lates is now headed. Final response to your complaint, stating that they complied by sending a copy of an application form that dates back as far as 2003 with no other agreements or conditions on it. In this letter despite having sent a dispute letter they are still making demands for money.

 

So whom do I contact? Monument or do I just let Cabot take it to court and defend it that way.

 

Thanks for your help

Merel

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I doubt very much if they will carry out their threat of Court Action. They know they have not got the correct paperwork for that approach to succeed.

 

Have you ever sent them the Account in Dispute Letter? Might be worth a try. Otherwise just ignore would be my advice - I am still dealing with them and sometimes they go away, and then come back a few months later, other times they go away if you just ignore them. Mine is a Monument Card which they sent the Application Form for and I have ignored them and not heard for months now.

 

http://www.consumeractiongroup.co.uk...-is-in-dispute


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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