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Thought i'd start a sticky for those of you in the same boat who have recently had their accounts sold to Cabot. A place to provide an exchange of idea's.


Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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As mentioned in another thread, here are a couple of letters sent to me by Citi and Cabot

 

Letter1-Citi. Note para 6 where they say they don't send out NoA's as the T's&C's say they can pass on the debt.

 

Citi10edit.jpg

 

Letter 2-Cabot. In this letter they state they send out the NoA's

 

cabot10edit.jpg

 

So they say they sent the NoA but they cannot prove delivery which brings me to this:

 

http://news.roslingking.com/?p=391

 

Although this piece refers to a mortgage, LoPA also applies to debts so I think the conclusion is quite relevant


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Am I correct in thinking that you havent made a payment since September 2004? Surely this debt is now Statute Barred and they can take no action to recover the alleged debt?


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Am I correct in thinking that you havent made a payment since September 2004? Surely this debt is now Statute Barred and they can take no action to recover the alleged debt?

 

Unfortunately, I didn't know of CAG back then so I actually paid Cabot up until 2008 but they haven't had a penny since then nor will they gat a penny until they supply a valid agreement. They have had enough off me to class it as a full and final anyway if they chose to go that route.

I also know that Cabot nor Citi have a copy of the agreement-the best chess game-stalemate


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Hi Guys,

 

May be of interest, no CAA from citi and outstanding PPI claim, so stopped paying last year. Cabot now on the case so have Section 78'd them.

Now new entry on my credit file

New Information

KINGS HILL (NO.1) LTD/M&SFS (I) Credit Card

I know who it is but why the use of different names?

 

Want to raise that as an issue with the CRA's but apparently I need to request one of their reports first so letters have been written.

 

Regards,

 

Bosun.


Please note: I have no formal qualifications in this area and any advice offered is given in good faith. :)

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Likely a trading name of Cabot, I think that is the street on which the business is situated from memory.


Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Hmm this is an interesting development imho, my default clearly says Cabot... Bosund who does your "NoA" claim to assign the debt to, is it Kings Hill (No 1) Ltd...

 

Might be interesting if this did ever get to court to see who they claim owns the debt and who they think is entitled to sue.

 

S.


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Deal with your debts:

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Hi Enron,Shadow

 

Didn't get a NoA, have PM'd you with some info.

 

Bosun.


Please note: I have no formal qualifications in this area and any advice offered is given in good faith. :)

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Hi Enron,Shadow

 

Didn't get a NoA, have PM'd you with some info.

 

Bosun.

 

Interesting... something to keep close to your chest for now.

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

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Deal with your debts:

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***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Hi,

As there seems to be a few ‘oddities’ going on with Citi/Cabot, and who knows which other Banks/Debit Chasers, maybe it’s time people started having a look at their credit file to make sure everything is aboveboard.

I’ve taken the liberty of copying a letter I’ve sent to the CRAs and maybe someone may like to use it as a template. Just replace the italics with your details

At the bottom of this post is a couple of explanitory notes plus the addresses, ‘phone numbers and website adresses of the three CRAs I’ve written to.

Template Letter

(Your Address)

(Address of CRA)

Date (Date sent)

Our Ref (I just like to put a ref in hoping that the CRA will use it then I can as an audit trail)

Dear Sir/Madam,

 

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998, including information under section 7(1)(d)". Please find below details, as advised by the Information Commissioners Office, which I believe will sufficiently allow you to identify me from your records. If you need further information from me, please advise me as soon as possible.

If you do not normally handle these requests for your organisation, please pass this letter to your Data Protection Officer or another appropriate official.

Identification Data: -

· Full name; (Your Name).

· Previous Names; (any previous names you’ve been know by, maiden name for example)

· Full address; (full address including Post Code)

· Other addresses; (Other addresses that you have lived at for the last six years – If you have not lived anywhere else use – “I have not lived at any other address in the last six years”

· Date of birth; (Date of Birth)

Please find enclosed a cheque for the amount of £2.00 as advised by the Information Commissioners Office.

Yours Faithfully,

(Signature)

(Print Name).

Notes

Some decisions are made by an automatic process (for example, one made by a computer system). If you want to be told of the logic involved in certain types of automated decisions which the controller may take (for example, your performance at work or credit worthiness), in your letter, you should add "including information under section 7(1)(d)" after the "section 7(1)" request.

You should keep a copy of your letter and you may want to send it by recorded delivery. Unless the agency needs more information, they have seven working days from receiving your letter to provide you with a copy of your file.

Sometimes the credit reference agencies do need more information from you before they can send you your file. For example, they may need proof of your name and address from a utility bill or bank statement. It is important to make sure that no one else gets your file by mistake or to check that no one else has fraudulently applied for your credit reference file. The agencies do not have to send you your file until they get this information.

Call Credit allow you to view your details on-line for the same £2.00, but you could probably waste over £2.00 of electricity waiting for their website to process the request – I gave up after half an hour and I have very good broadband speed. You may have better luck!

Addresses & ‘Phone numbers

Call Credit Plc

Consumer Services Team

PO Box 491

Leeds

LS3 1WZ

0870 060 1414

www.callcredit.co.uk

Equifax Plc

Credit File Advice Centre

PO Box 1140

Bradford

BD1 5US

www.equifax.co.uk

Experian Ltd

Customer Support Centre

PO Box 8000

Nottingham

NG80 7WF

0844 481 8000

www.experian.co.uk

 

Hope this of some help to someone.

Regards,

Bosun.


Please note: I have no formal qualifications in this area and any advice offered is given in good faith. :)

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Bosund,

 

A caveat to applying for your credit file is the fact that the DCA's seem to come out of the wood work for any aged debts when people start looking at their credit file, I know that everytime I search my file online that its marked as a search internally by Experian... I wonder if that date is advertised as then a DCA/creditor could safely assume I care about my rating or wish to apply for something and can then consider re-chasing.

 

Just a slight warning to be careful.

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Hi Shadow,

 

I take your point, but from what I've been reading on here and from personal experience, I know that they are not above changing dates, putting false information on file, etc.

 

If all has gone quite with an account then your observation could be valid, however mine is recent and as I normaly only use one of the above agencies I want to know what has been recorded by the other two.

 

I'm glad you made the above point, it gives people another perspective and they can then make an informed choice depending on their circumstances.

 

Many thanks,

 

Bosun.


Please note: I have no formal qualifications in this area and any advice offered is given in good faith. :)

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Ha-ha, just up my street - Citi and Cabot Fan Club LOL

 

lets just knock the Kingshill and Cabot bit on the head first,

 

Kingshill No 1 Ltd and Cabot Financial (UK)Ltd swopped names - yes, swopped names back in January 2007. Kingshill No1 was the vehicle they used to buy debt back then and all the Sales Agreements were in their name (I've got acres of Fan Club files to confirm that) Cabot Financial (UK)Ltd then continued (same co.reg No as Kinsghill of course) and Cabot Financial (Europe)Ltd are the 'Servicing Agents' so you won't get far and won't need to waste your time on that.

 

What you need to watch for is the 12% interest they add as that invariably is a Variation on the Original Agreement the Original Creditor had with you and if Cabot in their ultimate wisdom change that it becomes a Varied Agreement if they haven't written and informed you (as they didn't on a Citi account of mine). So, go searching for the remedies against the variation.

 

Also, anyone with a Cabot account and especially on MBNA accounts, check out the Sales Agreement documents between Cabot and MBNA (they wont supply them unredacted (with loads of black lines over the pertinant points) but you will find they are mostly drawn up under IRISH CCA laws not UK and they will try and enforce them in UK courts with redacted documents so if you end up in court get yourself back on here asking for the 'real' documents which we have in our library especially for you lovely folks :lol:

 

Next thing with Citi is they send out their letters once a claim for charges goes in and if they think they'll send you any money they send it to cabot to set-off any balances. I had a balance on my account of £900 when Citi sold it. Default charges amounted to £1010 without any interest I was adding, my claim was for over £2.5k with Compound interest (as per Sempra Metals vs Inland Revenue) so I am now going back to Citi to ask for all my money, if they sent £500 to Cabot then that's their loss, I need repaying.

 

So quite a few things you can go after I reckon...go give em hell ! LOL with love from The Cabot Fan CLub:

Edited by andrew1
typo's

Cabot and the Cabot Fan Club Threads:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

How to use the Forum

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

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Ha-ha, just up my street - Citi and Cabot Fan Club LOL

 

lets just knock the Kingshill and Cabot bit on the head first,

 

Kingshill No 1 Ltd and Cabot Financial (UK)Ltd swopped names - yes, swopped names back in January 2007. Kingshill No1 was the vehicle they used to buy debt back then and all the Sales Agreements were in their name (I've got acres of Fan Club files to confirm that) Cabot Financial (UK)Ltd then continued (same co.reg No as Kinsghill of course) and Cabot Financial (Europe)Ltd are the 'Servicing Agents' so you won't get far and won't need to waste your time on that.

 

What you need to watch for is the 12% interest they add as that invariably is a Variation on the Original Agreement the Original Creditor had with you and if Cabot in their ultimate wisdom change that it becomes a Varied Agreement if they haven't written and informed you (as they didn't on a Citi account of mine). So, go searching for the remedies against the variation.

 

Also, anyone with a Cabot account and especially on MBNA accounts, check out the Sales Agreement documents between Cabot and MBNA (they wont supply them unredacted (with loads of black lines over the pertinant points) but you will find they are mostly drawn up under IRISH CCA laws not UK and they will try and enforce them in UK courts with redacted documents so if you end up in court get yourself back on here asking for the 'real' documents which we have in our library especially for you lovely folks :lol:

 

Next thing with Citi is they send out their letters once a claim for charges goes in and if they think they'll send you any money they send it to cabot to set-off any balances. I had a balance on my account of £900 when Citi sold it. Default charges amounted to £1010 without any interest I was adding, my claim was for over £2.5k with Compound interest (as per Sempra Metals vs Inland Revenue) so I am now going back to Citi to ask for all my money, if they sent £500 to Cabot then that's their loss, I need repaying.

 

So quite a few things you can go after I reckon...go give em hell ! LOL with love from The Cabot Fan CLub:

 

Firstly, thank you for this thread Enron and Andrew, you've certainly given us food for thought, dealing with HFO on behalf of OH, no agreement and penalty charges even at the £12 rate of £600 which of course were never refunded. Citi at Derby keep sending him stupid letters telling him they have supplied his agreement so think we might follow your route Andrew!

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Hi - I have my own thread but how do I go about getting rid of the 12% interest ? They keep charging on the amount owed.........

The amount owed has gone up over £70 since the first communication and that's in a month !

I've sent them a CCA request to which I am now sending the account in dispute letter.

If I look at the last communcation citi sent me in Nov 2006 the debt has gone up £1500 !

Any advice would be apprecaited

http://www.consumeractiongroup.co.uk/forum/showthread.php?278373-Citi-Cards-and-Cabot&p=3185789#post3185789

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subbing to this


I reside in Dawlish Warren but am not a rabbit.

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I took out a credit card with what was once The Associates back in 2000 who later became Citi Bank, I owed approximately £200 on the card but due to unemployment, defaulted on my payments, my fault I know, in 2004 I was contacted by Citi Bank who informed me the debt had risen to just short of a £1000 but would offer me a resettlement figure of £533 if I paid it there and then.

I had just received some money from my late father who had just passed away so decided to take advantage of their offer. Seeing as I only originally owed £200 and they were coming on to me for a grand it seemed like the better option. The guy took payment there and then over the phone and said it was case closed. I heard nothing more from them until I got a phone call nearly two weeks ago from Cabot saying I owed £750 to them from a credit card. I told them I did not have a credit card and they must be mistaken. They informed me that they had bought the debt from Citi and I owed them, I told them about the full and final settlement figure I had paid in November of 2004 and they said this was the difference. I must admit I got very angry and in the end told them to take me to court, they said "Oh no We dont want to take anyone to court " but if I could find the letter to prove the 2004 arrangement then all would be forgotten. Come on people, where are your paid up bills from 2004. She said to ring them when I found it, I havent and wont be able to find it but in the meantime have received a letter from Cabot to say they have contacted Citi with my query. The girl from Cabot had a record of my payment on 23rd November 2004 so why should I have to go and dig around. I am not in employment as I care from my disabled husband, where do I stand please ??????????

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Firstly I think that you need to be putting something in writing to Cabot disputing that you owe anything.

Send them a request under the CC act with the £1 fee requesting;

 

1.A statement of account,showing any interest and fees added.

 

2.A copy of any notice of assignment.

 

Remind them of their responsibilities under OFT guidelines,and also their responsibilities to uphold CSA codes of practice which they are subscribed to.

Ask them to forward you a copy of their complaints procedure and acknowledge in writing that any attempted collection activity be suspended,as will any demands for payments.

 

Second-Get recent copy of your credit file and see what is recorded there.

 

Third-send a full SAR to Citifinacial asking for copies of;

 

1.Statements

 

2.Written communications between you and them.

 

3.Account activity screenshots.

 

4.Default notice.

 

5.Notice of assignment

 

6.Deed of assignment

 

7.Communications with any third parties.

 

 

Also it is likely that you were charged £25 for overlimits as well as £25 late payments.

Worth considering a claim to get these back if you can get the figures.

Dont worry about the timescale-you can rely on section 32c of the LA.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I suggest starting a sep thread in the main Citi forum where this can be moved also.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thanks but this really is a minefield to me, I dont fully understand your advice as Im not the brightest spark in the fire. Should I wait to hear their response, I am beginning to get really worried and it is having a detrimental effect on my husbands health

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Thanks but this really is a minefield to me, I dont fully understand your advice as Im not the brightest spark in the fire. Should I wait to hear their response, I am beginning to get really worried and it is having a detrimental effect on my husbands health

 

The first main thing is not to worry.

 

These companies are normally a nasty bunch, but the onis is on them to prove that a debt is outstanding.

 

If you suffer any problems I would suggest contacting your local trading standards to gain their assistance, especially if you are receiving problemaic phone calls from Cabot.

 

You can get the details of your local TS department by enterring your postcode into here:

 

http://www.tradingstandards.gov.uk/advice/index.cfm

 

They are part of the council, and should help fight your corner if your have a DCA that steps out of line.


Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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I had a balance on my account of £900 when Citi sold it. Default charges amounted to £1010 without any interest I was adding, my claim was for over £2.5k with Compound interest (as per Sempra Metals vs Inland Revenue) so I am now going back to Citi to ask for all my money, if they sent £500 to Cabot then that's their loss, I need repaying.

 

 

 

Thought about reclaiming these charges (and interest thereupon) as setoff under the LOP1925 assignment (which was made "subject to equities").

 

This does of course mean that you would be suing Cabot for the money but hey ho Caveat Emptor!!:lol:


As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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Trading Standards will expect to see some evidence that you have made Cabot aware of the circumstances and they have ignored.

Thats why its best to go armed with something-if Cabot dont reply,at least you have something to show you have sent them.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi,

 

Just a quick update.

 

Got replies from the various CRAs and lo and behold there was good old Cabot intimating that they had an agreement with me for a credit card, in default of course.

 

The interesting thing though is that there are two entries exactly the same but two months apart!

 

Anyone any idea of what these people are trying to gain, (must be a gain, they are not doing it for the goodness of their health). The only thing I can think of is that they are trying to extend the dates.

 

Would this be an issue for the iCO?

 

Regards,

 

Bosun.


Please note: I have no formal qualifications in this area and any advice offered is given in good faith. :)

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When you say 2 months apart do you mean different dates for the same account between different CRAs ?


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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