Equidebt / Cabot

[teaboy2]

Oh well, for a moment there i thought i was the first to discover it, it felt nice while it lasted but not as nice as blowing these DCA's out of the water lol.

 

Your spot on about sending letters out on sunday, plus theirs also direct debits taken on bank holidays and weekend dates appearing on their fabrication statements.

[xboxer]

I did think it was dodgy at the time!

 

So what is my best response to this?

 

Ask for the originals?

[DonkeyB]

Damn fine work, teaboy!

[xboxer]

Morning all,

 

email sent to crapbot this morning;

 

I refer to your email dated 7th April 2011 in which you enclosed a REPRESENTATION of my Notice Of Assignment.

 

Whilst I appreciate the effort made to show me how my Notice Of Assignment MAY have looked, you will understand that I should be shown how it ACTUALLY looks.

 

By this I mean TRUE copies of the Notice Of Assignments NOT representations or reconstructions.

 

I trust I have set out my position clearly.

[xboxer]

Morning all, below is crapbot response to my asking for a true copy of my NoA;

 

I understand you are dissatisfied that we provided you with a representation of your Notice of Assignment and you request to receive a true copy of the same. Please be advised, we do not hold a true copy of your Notice of

Assignment on our records, therefore we had no alternative than to send you a representation. I can confirm the representation sent to you is sufficient to confirm the assignment of your account to Cabot Financial (Europe) Limited (“Cabot”).

 

 

Am I right in thinking if they don't have a copy then they couldn't of sent me one?

 

In Which case they can go whistle when it comes to adding interest?

[DonkeyB]

It means they can't prove it was sent. So they can only claim interest from the time they sent you a copy. Their response is extremely disingenuous, given that they have added a false logo and signature!

[xboxer]

Hi donkey, what law do I quote for that? Based on the statement they sent me they have added interest since 2005! So based on what I've paid so far and interest since April 2011, when I first received their NoA, I should only owe them about £20

[DonkeyB]

Law of Property Act 1925, I believe. Also the interest issues come under CCA 1974.

[knigget]

xboxer if they are sending you the same crap they are sending me you have no worries bud..to them law and legalities are there just for everyone else apart from them...lmao

Standard Crapbot letter

They just sent me a right load of twaddle..lol Their customer (I say that laughing my head off) service manager says he won't accept my Fee's for my time letter writing and such..lol I hope they are ready for court ..In my case the original creditor has closed the file...lol I have that in writing and that it was Cobot that sent out the NOA on the OC's behalf..lol OH Dear...these guys are crazy ...

[xboxer]

update

[DonkeyB]

Is there one?

[xboxer]

Hi All,

*

The saga continues…but doesn't it always with crapbot!

*

So I emailed crapbot a couple of weeks ago with regards to their fabricated, sorry representation, of my NoA and their right to claim interest until a valid NoA was served properly.

*

Also asked them what Law or act they were relying upon to state a representation was acceptable. Below is there response:

*

Our response to your correspondence

*

I refer to your e-mail, which was received on xx June 2011.

*

I note we sent you a representation of your Notice of Assignment (“NOA”) and you require clarification on the act and/or guidelines, which illustrate that the same be sufficient to confirm the assignment of your account to Cabot Financial (Europe) Limited (“Cabot”).

*

I can confirm that our position remains unchanged, as we are not required by any act or guideline to hold an exact copy of your NOA on file. Therefore we reproduced a copy of how your NOA appeared at the time it was sent to you, which as previously advised, is sufficient for your purposes. The Customer Assurance department will not correspond with you any further regarding this matter. If you maintain your dispute, I would recommend that you contact the Financial Ombudsman Service with your concerns.

*

I understand you believe that your outstanding balance is not legally claimable, due to the interest that has been applied since our purchase. I can assure you, the interest applied to your account is in accordance with your original credit agreement that you agreed to upon opening your account. Therefore, you are liable to repay the full outstanding balance.

*

Your account has been returned to our Collections department and I recommend you contact them on 0845 070 0116. Should no payment offer be received within 7 days, your account will be escalated through our collection procedure. For your ease of reference, your outstanding balance is £xxx.

*

I trust we have set our position clearly.

*

So of to the FOS then?

[teaboy2]

Hi All,

*

The saga continues…but doesn't it always with crapbot!

*

So I emailed crapbot a couple of weeks ago with regards to their fabricated, sorry representation, of my NoA and their right to claim interest until a valid NoA was served properly.

*

Also asked them what Law or act they were relying upon to state a representation was acceptable. Below is there response:

*

Our response to your correspondence

*

I refer to your e-mail, which was received on xx June 2011.

*

I note we sent you a representation of your Notice of Assignment (“NOA”) and you require clarification on the act and/or guidelines, which illustrate that the same be sufficient to confirm the assignment of your account to Cabot Financial (Europe) Limited (“Cabot”).

*

I can confirm that our position remains unchanged, as we are not required by any act or guideline to hold an exact copy of your NOA on file. Therefore we reproduced a copy of how your NOA appeared at the time it was sent to you, which as previously advised, is sufficient for your purposes. The Customer Assurance department will not correspond with you any further regarding this matter. If you maintain your dispute, I would recommend that you contact the Financial Ombudsman Service with your concerns.

*

I understand you believe that your outstanding balance is not legally claimable, due to the interest that has been applied since our purchase. I can assure you, the interest applied to your account is in accordance with your original credit agreement that you agreed to upon opening your account. Therefore, you are liable to repay the full outstanding balance.

*

Your account has been returned to our Collections department and I recommend you contact them on 0845 070 0116. Should no payment offer be received within 7 days, your account will be escalated through our collection procedure. For your ease of reference, your outstanding balance is £xxx.

*

I trust we have set our position clearly.

*

So of to the FOS then?

 

What a load of bull, what they are saying is that a representation of the NOA is sufficient to prove that they are entitled to the debt. In that case i better start creating my own for debts owed by DCA's to their creditors and telling them they most now make payments to myself lol

 

The FOS can not make decisions on legal matters, only on conduct of the DCA.

Edited June 13, 2011 by teaboy2

[xboxer]

laughable really. I think I have gave them more than enough chances to sort this!

[teaboy2]

Exactly, there last reply was more like an unconvincing we are covering our arses excersise, in the hope your not up to scratch on law and regulations etc. I would love to see what a jduge would say to them lol

[knigget]

Aren't they Darlings?..lol These guys are complete n00bs..I told em I would not be paying them a penny "EVER" regardless of what they do..I would sooner spend 10 years in Jail than pay these Idiots anything.! Escalate away and waste as much time as you like...I'm sure they will get bored before we do eh?..lol

[teaboy2]

Well anyway, regardless of their argument - In order for their to be absolute Assiment, the notice of assignment must be sent by the assignor not the assignee (Crabot), Law of property act 1925 section 136 ss 1 "Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor" Express notice being direct notice from assignor (original creditor) to debtor.

 

Without absolute assignment from the Original Creditor then the asignee is not entitled to enforce the debt. So i would respond with section 136 of the law of property act.

[xboxer]

Thanks teaboy I shall give them a final final final response also Section 196(4) states registered postal.

Edited June 13, 2011 by xboxer

[teaboy2]

Exactly, so in court you can strict them to prove it was sent via registered post as required via section 196 and strict prove that it was sent by the original creditor by registered post for it to be an absolute assignment in complaince with section 136 and section 196.

 

Love to see the what nonesense they give in response to that lol

 

Also put - as you made clear you no longer wish to communicate with myself, then i deem such refusal to communicate as nothing short of a refusal to deal with and fully investigate this dispute in accordance with the OFT Debt Collections Guidelines.

Edited June 13, 2011 by teaboy2

[xboxer]

Love to see the what nonesense they give in response to that lol

You probably will by Friday, usually takes them 2 days to respond to my emails

[teaboy2]

Lol only for email they choose to read or can get their heads round though.

 

But hey sooner they respond the sooner you can hit back at them

[xboxer]

I'll get an email sorted and sent later, if they decide to read it

[xboxer]

With regards to the NOA in post #38 does anyone know whos signature it is OR who/what is the head of COO Collections?

Just wondering if crapbot have the authority to use their signature?

[xboxer]

Ok bit of a seach on google but COO Collections is Chief Operating Office Collections still no closer to whos signature though

[xboxer]

Well just a response from the crapbot numpties!!

 

 

I mean just how thick are these people??

 

 

I emailed them regarding the NOA again asking them what act or guidelines makes them believe a reprsentation NOA is a legally binding document? Also pointed out the above points regarding NOA and LOP Act 1925 and asked for a proof of delivery and a copy of the original NOA and pointed out the OFT guidelines on debt collection they were breaking. Below is there response;

 

 

Our response to your correspondence

 

 

I refer to your e-mail, which was received on xxth June 2011.

 

 

I note your reference to the Office of Fair Trading (“OFT”) Debt Collection Guidelines, in particular section 2.8 (i), (k) and section 2.2 (b).

 

 

2.8i. failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued.

 

 

Please be advised your complaint and concerns were investigated. Subsequently a final response was sent to you on xxth March 2011.(No I have asked for proof as in the original NOA)

 

 

k. not ceasing collection activity whist investigating a reasonably queried or disputed debt.

 

 

I can confirm your account was placed on hold whilst your complaint was investigated and was kept on hold for an additional 14 days after our final response was sent you, in order for you to contact us to arrange the repayment of your account.(Er it's STILL disputed)

 

 

2.2b. leaving out or presenting information in such a way that it creates a false or misleading impression or exploits debtors’ lack of knowledge.

 

 

At no time have we left out any information in the manner stipulated above.(No BUT you have PRESENTED information that is false)

 

 

You state Cabot cannot apply interest, as we do not hold an exact copy of your original Notice of Assignment (“NOA”). However, there is no Act and/or Guideline that require Cabot to hold a copy of the same or prove its delivery. Furthermore, the interest applied to your account is in accordance with your original terms and conditions, which you agreed to when opening your credit card. This interest was applied to your account due to non payment between December 2005 and January 2010. (Law of Property Act 1925?)

 

 

I must inform you that our position still remains as re-iterated in previous correspondence. Your account has been returned to our Collections department. Should you remain dissatisfied, I recommend you refer your concerns to the Financial Ombudsman Service. Please refer to their leaflet attached with our e-mail sent on xxth March 2011.(Damn right I will now)

 

 

I trust we have set our position clearly.

 

 

If you have any further queries in relation to the above account, please do not hesitate to contact me on 0845 026 0463. The Customer Assurance department is open from 9am to 5pm Monday to Friday.

 

 

I guess the old saying about paying peanuts and getting monkeys applies here!

Edited June 20, 2011 by xboxer