Cabot Citibank

[cheekykitty]

hello newbie here please be gentle with me,

we are in CCCS and have been for about 4 years and were in Harrington Brookes for about 5 years previous to that, we have paid various amounts to both, but HB took an amount of for there administration costs? which is why we swapped to CCCS so all our payments went to our debts.

We had paid a fair few of our debts off according to the monthly statement we recieve from CCCS, when about a couple of months ago we started getting phone calls (sometimes 8+ per day ) at stupid times of the morning and evening, and letters stating we owed them money.

a company called Cabot, I took out a Citicard way back before 2000 and defaulted on the payments which is when we got into money problems in 2001, originaly HB paid them then CCCS took over but they (Citibank) never sent me a statement saying how much was left owing and 2 years ago CCCS stopped payments too them as the ammount had been cleared, Yet Cabot are stating that the full amount I owe is £1965. on a £1000. Credit card and my credit file says from september 2004 £0 ballance but Either the payment due wasn't made for 5 months, or the account is 5 months in arrears. the next 2 months says 6 months in arears, then a default in December with a balance of £2132. then between Feb 2005 and August 2006 staus of account unknown then defaults untill now in 2010, CCCS stopped payments in May 2008 but Citybank have not been in touch with me, over 9 years surely this would have been paid off? any help appreciated.

[harrassed senior]

I would suggest that you send Cabot the 'prove it' letter :http://www.consumeractiongroup.co.uk...ng-of-the-debt

 

Have you written proof of payment and 'cleared' from CCCS.

[cheekykitty]

I have not heard anything from Citibank since HB and then CCCS took over repayments untill the bombardment of phone calls and letters started, CCCS have confirmed they havent paid anything to Citibank for over 2 years and it shows cleared on my statements from CCCS, I have sent Cabot a request for the original signed copy of my agreement along with a £1. postal Order but from what I have read tonight dont think I will be recieving a reply.

Just one more question if Citibank put the account in default in December 2004 and still charged charges and interest to the present day can I claim these back?

[andrew1]

I'll have to make this quick, but will come back to this tomorrow. Did you receive a letter from cabot telling you they bought the debt from Citi and did you receive a letter from Citi saying they sold it to cabot?

These are what are generally known as Hallo and Goodbye letters.

 

If so

 

a) Did they come in the same envelope from cabot?

 

b) What were the dates?

 

If you didn't then we'll have to treat this in another way to begin with as Cabot need to prove they have the right to collect.

Have you had all your statements and assessed how many charges you have had on the account and how much were they? If you don't have your statements then you need to send an application under the Data Protection Act Subject Access Request to get them from Citi. If you do then they need to go first of all into the charges spreadsheet and an application mae to claim them back.

 

Did you have any Payment Protection insurance on the card too?

 

When was the account opened with Citi?

 

We need to try and put a framework of events together by date and amounts and refine this data so we can be sure of our process of elemination.

 

By sending the £1 for the agreement, cabot may allocate that to the account as a payment, but they will invariably write back and say they have applied to Citi for it. Make sure you get it.

 

 

If you can answer some of these then we can set the ball rolling, but this CCCS issue seems odd if they haven't paid Citi for 2 yrs unless it was 2 yrs ago that the account was effectively cleared.

 

You also need to check with your Creditfile when you were defaulted and by whom. (I had both Citi and cabot registering a default which shouldn't happen - When cabot buy it the Citi one should fall off) but we need the dates of any defaults and the Notice of Assignment of the debt from Citi to Cabot.

 

I try catch up tomorrow, after that I'm away until Monday.

 

Happy hunting.

 

the cabot fan Club

[cheekykitty]

Yes both letters were recieved in the same envelope and on looking both are dated with the same date?

On the letter from Citi it says Dear customer,

We hearby give you notice of the assignment of the debt due to us in respect of the outsanding balance on your credit card account.

On 02/09/2010 your account was sold to Cabot Financial(uk) Limited.

All contact regarding this account should now be directed to Cabot etc, The enclosed letter provides detailes of your account and how to contact Cabot.

[cheekykitty]

nearly forgot I have not recieved any statements from Citibank since defaulting on the account in 2004.

PPI was on the account, and as far as I was aware the account was paid off thru Harrington brookes and CCCS finished the payments 2 years ago.

[cheekykitty]

Just received a letter from Cabot today

Dear

YOUR REQUEST FOR INFORMATION UNDER THE CONSUMER CREDIT ACT 1974

Thank you for your request for information under the consumer credit act 1974. Cabot Financial currently does not have this information on file, however, we have requested the relevant information under section 77 and /or 78 of the consumer credit act 1974 from the original lender.

Please be advised we do not accept the statutory fee required under section 77 /78 of the consumer credit act 1974 and we have returned the fee for £1.00 that you have sent.

WHAT HAPPENS NEXT

We anticipate that we will be able to provide this information with in 12 days, in the event we are unlikely to obtain this information with in those time limits we will write to you again.

Contacting CABOT

Yours Sincerely Signature unreadable

Customer Assurance Team

[gh2008]

Excellent

 

When was the last payment made on the account? Less than or more than 6 years ago?

[cheekykitty]

I have not made any payments but C.C.C.S. did until 2 years ago, when the balance was at 0. Citi have not sent me any statements for well over 6 years, and not even contacted me since CCCS stopped paying them.

[gh2008]

Ok, that's fine.

 

If you haven't got the statements from CCCS then I would also write to them and get your account history for this particular account.

 

Once you have this info I think you may have a formal complaint letter to write

[cheekykitty]

SAR going to Citi tomorrow and will phone CCCS for info too

[cheekykitty]

Not heard anything from Cabot 12+2 days is up on Wednesday

[cheekykitty]

Time up what do I do now? Heard nothing from Cabot

[miss muppet]

Time up what do I do now? Heard nothing from Cabot

Send Crapbot account in dispute letter

 

 

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

[gh2008]

Unfortunately most of that letter has now been proved wrong by the courts.

All the things the letter says they cannot do, they can do and they know it.

 

If it were me, I would send a formal complaint letter instead, that means that they at least have to do something other than send a standard reply back sticking 2 fingers up at you, saying read Carey & McGuffick.

 

jmho though

[cheekykitty]

Recieved a reply today 1st November dated 26th Ocober?

 

It reads

Dear Mrs

 

 

Your request for information under the consumer credit act 1974.

We write further to your request for information under sections 77 and / or 78 of the consumer credit act 1974

 

Although Cabot has requested the information, the original lender is experiencing a delay in retrieving the information from its archives. Although Cabot has not been able to provide you with the information within the prescribed period, we would still advise that your debt remains legally due.

We are still able to report to the credit reference bureaux regarding the status of your debt and we would recommend you continue your repayment plan with us or alternatively contact us to make payments towards your account if you do no not have a repayment plan arranged

Thank you for your co-operation and patience in this matter.

 

Contacting Cabot: If you have any queries about your account, please call one of our customer advisors on 0845 0260463 etc

 

Yours Sincerely

Unreadable signature

Customer assurance team

[hatesdebt]

Send the account in dispute letter and pay them nothing. Sit back and see what they do.

[Jasper1965]

Recieved a reply today 1st November dated 26th Ocober?

 

It reads

Dear Mrs

 

 

Your request for information under the consumer credit act 1974.

We write further to your request for information under sections 77 and / or 78 of the consumer credit act 1974

 

Although Cabot has requested the information, the original lender is experiencing a delay in retrieving the information from its archives. Although Cabot has not been able to provide you with the information within the prescribed period, we would still advise that your debt remains legally due.

We are still able to report to the credit reference bureaux regarding the status of your debt and we would recommend you continue your repayment plan with us or alternatively contact us to make payments towards your account if you do no not have a repayment plan arranged

Thank you for your co-operation and patience in this matter.

 

Contacting Cabot: If you have any queries about your account, please call one of our customer advisors on 0845 0260463 etc

 

Yours Sincerely

Unreadable signature

Customer assurance team

 

We are still able to report to the credit reference bureaux regarding the status of your debt

 

 

Not if the original default occurred in 2001 they're not!!

 

There seems to be a confusion over the actual default date can you confirm whether it was 2001 or sep 2004 or dec 2004 please?

[cheekykitty]

Default Date on my credit file says 31st January 2005 it also says it will be removed from file in January 2011

[cheekykitty]

Same letter as above been received again but with the date of 8th November