Cabot - summary cause Scotland - Merged Argos Card & Littlewoods Card help! **Case Dismissed ***

[delilahsahb]

Thank you Andy, that was the way i was looking at it but

 

 

do you think i should wait until i get something in writing from Barclaycard confirming that Cabot dont have absolute assignment

or would the letter from them saying they are refunding money to my account suffice?

 

 

Technically speaking, if Cabot do not own the Account would their attempt at court action be classed as Malicious Prosecution?

I would take them all the road if it did.

 

 

I had a couple of really bad weeks after the action was stayed.

My husband had an accident and his car was written off,

my mother had to go for an mri scan and we worried for the worst and

i had sheriff officers at my door on my silver wedding anniversary for a disputed parking ticket (my husbands) from 2008.

Never rains but it pours.

 

 

Ive pulled it back together again now.

 

 

My mums ok, we bought a new car, my son has graduated again and my other son passed his exams with flying colours,

sheriff officers got reported and the fine was scrapped with a big apology from the council.

So, im back in fighting mode and if i can nail Cabot then i will and id be doing it for everyone else on this forum thats been unfortunate enough to come across them.

[AndyOrch]

Wait until you have something in writing from Sharklycard in case they have made an error.If there is no error and its not been assigned then

Cagiboot have some serious questions to answer.I assume you have done all the checks on the NoA and its authenticity?

 

Andy

[delilahsahb]

My lawyer didnt get the information from their lawyer to check it.

 

 

Cabots lawyers stayed the case because they didnt have all the info at that time. The usual bumph and palming off scenario

 

 

i thought id do some digging by writing to Barclaycard myself and claiming back the charges, ppi

and in the letter about the double entry i specifically have asked them to confirm that Cabot have Absolute Assignment on the account.

 

 

The more i info i get back from Barclaycard in my favour, the more ammo i have to fire at Cabot is the way i have been looking at it.

 

 

If it comes back that Cabot dont own the account then i will go for the jugular, i will get the stay lifted and crucify.

 

 

Thats my philosophy on it at the moment but it scares me to think how many people have just had court papers from them and paid up without a fight

[Desperate Daniella]

Hi delilah,

 

I'm sorry you've been having such a dreadful time, and I'm glad all the family is now okay again.

 

Can I just ask you about your Notice of Assignment, please? My alleged Notice of Assignment is on a photocopy of Barclaycard paper and signed with an indecipherable scribble above the word 'Barclaycard'. Was yours the same? I don't believe for one moment that it actually came from Barclaycard because Barclaycard always send letters signed by an identifiable person. I'm curious to know if this is the sort of rubbish they usually send out.

 

DD

[delilahsahb]

Hi Daniella,

the photocopy they sent me didnt look right and it was a reconstituted version plus it had the wrong account number on it from what i remember.

 

 

Have not seen the original and the reconstituted one is with my lawyer.

 

 

When it comes to Cabot double check and treble check everything they sent you.

 

 

You could also try writing to Barclaycard and asking if Cabot have Absolute Assignment

 

Delilah

[Desperate Daniella]

Hi Delilah,

 

Thank you for coming back to me. I've got several other issues with Cabot at the moment, not the least of which is that they have admitted they don't have a credit agreement. Barclays should not have sold it on (or assigned it on whatever basis) while it was in dispute. I haven't chased it up with Barclaycard yet, but will do so if Cabot continue to cause problems.

 

DD

[barns66]

Hi Daniella, the photocopy they sent me didnt look right and it was a reconstituted version plus it had the wrong account number on it from what i remember. Have not seen the original and the reconstituted one is with my lawyer. When it comes to Cabot double check and treble check everything they sent you. You could also try writing to Barclaycard and asking if Cabot have Absolute Assignment

 

Delilah

 

Hi Delilah,sorry to hear about the family problems you had earlier and i am happy to hear that every things are much better.

 

 

I got Notice of Assignment from Cabot that was supposed to have been sent by Goldfish that seemed to be using the same font as Cabot use

and it contained no account number at all, bit made little difference in my case,

 

 

i was told and i read so that it can be sent from either party ,

i thought myself it should have contained a account number.

 

 

I am still waiting to receive anything from Barclay card in my SAR that was sent 2/3 weeks before my trial,

except for a letter dated before the trial that they where seeking everything they had.

 

 

Good luck Delilah and i hope you screw the bar stewards into the ground.

 

barns66

[delilahsahb]

Thanks Barns,

in all 3 replies ive had so far from Barclaycard (different departments for each) none of them have mentioned Cabot at all

so im keeping my fingers crossed.

 

 

Whatever happens now, ive got letters from Barclaycard implying that they havent sold the account

and i can only see that as going in my favour.

 

 

Just waiting on the Big One to confirm and i will "let rip".

If they never owned the account,

they have fraudulently taken payments from me (the few that i made in 2007),

fraudulently reported on my credit files for over 4 years

and harassed me with phone calls and letters when they had no right to do so

and Maliciously and fraudulently started court proceedings against me.

 

 

Even if they do have Absolute Assignment then by the time i get the PPI back it will bring the debt down to around the £2,000 mark

which, i could be wrong, but i think thats small claims court not sheriff court material (need to look into that a bit more).

 

 

Right now, they look on very dodgy ground to me but i want it in writing first before i wipe the floor with them so its a waiting game at the moment.

 

As you can see from my earlier post, life has not been easy lately but im a fighter and things are starting to look up again.

I hope everything has been ok with you and that your wife has been keeping better.

Not forgotten you, if i can nail Cabot its not just for me its for everyone thats had the misfortune of being on their target practise list.

 

Daniella, when it comes to Cabot dont leave anything to chance.

They will leave you alone for a while and then whack you when you least expect it

, a bit like a parasite which of course they are.

 

 

Deal with the original creditors such as Barclaycard directly if possible and keep all the info they send.

Cabot will tell you crap smells like roses just to get money out of you.

Get as much info as you can now and have it ready to fire back at them before anything goes to court because some judges just wont listen.

 

 

Pretty ironic that you take an oath on a bible in a court when it was Jesus himself that called Tax collectors

and Debt collectors parasites and then Lo! and Behold!! A judge with Selective Hearing Problems pops up and takes their side.

 

 

It wont do you any harm to have as much information as possible to hand, i wish id done it earlier.

 

Delilah

[delilahsahb]

I have decided to write to Barclaycard to ask them to send me in writing the balance prior to the refund being issued and the new balance as it stands now.

 

I have re-read their letter this morning which has come from their Complaints Department.

I think i have boobed and not read it properly.

 

It states "a refund of £xxx will be passed to our agents:-D: and the balance will be adjusted accordingly".

 

Is that an "in-house" agent or are they referring to Cabot?

Either way Barclaycard state "agent" not owner or assignee

and that still implies that Cabot dont own the account.

 

Something not quite adding up here with this but ive got a feeling its to my benefit to trip them up as much as possible

and the more i get in black and white the better.

[delilahsahb]

Hi folks, have written the following to Barclaycard this morning.

Im hoping it will either kill Cabot off or at least i should get some sort of confirmation good or bad.

The following is basically what has been sent.

Any thoughts would be appreciated.

 

I confirm that i am pleased to accept the refund of default charges applicable to the above account.

I note that you refer to "The agency responsible for your account has been notified and your account balance will be amended accordingly".

 

 

I have been led to believe that the account was sold to Cabot Financial by way of an Absolute Assignment

and that they are the legal owners of the debt, therefore, i require clarification as to which "agency" you refer to in your letter.

 

I also require proof from "the agency" by way of written confirmation that the refund of £340 plus £157.68 statutory interest has indeed been offset against the balance.

 

I feel like im playing Russian Roulette with this but as it stands at the moment,

i have nothing to lose and everything to gain so i might as well go for it in the hope that i get Barclaycard to slip up and give me what i need.

[delilahsahb]

Hi Folks, yipee, i have an update at last.

 

 

Received 2 separate letters this morning from Barclaycard.

 

 

First one says they are reviewing the full details of the PPI claim and should be back in touch with me no later than the 18th of October

(not bad considering they said November originally).

 

 

Next letter was about the double entry on my credit files, which goes along the following lines:

- I have fully reviewed your account along with your credit file and unfortunately in error,

we have continued to report your account with Credit Reference Agency, Call Credit resulting in a duplicate entry."

 

"In light of your comments concerning the effect this has had on your credit file, bla, bla bla.

By way of an apology we have enclosed a cheque for £250.

Very nice of them,

 

 

it was worth the price of the stamp to complain but it means that it looks very much like Cabot own the account.

 

 

This has upset me as i was looking forward to kicking ass.

Still, they dont have a compliant CCA and they have mucked up considerably on other stuff too,

so im still waiting to hear from the Legal Aid board and then i want the Sist lifted.

 

Not had any word back about the unfair charges letter yet.

Does it mean that if Cabot own the account any refund of money Barclaycard owe should come to me,

or will Cabot get their greedy little paws on it?

It should come to me, right?

[AndyOrch]

If they sent you the cheque then its yours how can it go to Cabot?

 

Andy

[delilahsahb]

Hi Andy, sorry i didnt make that clear.

 

 

Its 3 separate claims i had with Barclaycard.

 

 

The cheque i got today was for the double entry on my credit files and went straight into my bank account.

 

 

Another for the unfair charges (see previous posts)

Barclaycard said they were passing the money on to their agents,

i have written and questioned them on this and await their reply.

 

 

The other is for PPI on the account.

 

 

So if Barclaycard sold the account to Cabot by Absolute Assignment should the unfair charges claim

and the PPI come to me or would Barclaycard send it to Cabot to reduce the debt?

It should come to me, shouldnt it?

[AndyOrch]

Normally offsets but in the case of the assignment should come direct to you.

 

Regards

 

Andy

[delilahsahb]

Thanks again Andy, just wanted to make sure. I

 

 

t looks like Barclaycard made a major cock-up with some of their departments unsure as to who owns what at the moment.

Its bad news for me if they admit Cabot own the account coz i would have liked to have killed them off once and for all.

 

 

On the other hand they would still have to prove in court that the CCA is compliant and the mix up with Barclaycard

would go in my favour i suppose and plus Cabot being Cabot have made more errors that a kid in kindergarten.

 

 

All together im looking at between £1,500 and £2,000 back from Barclaycard which will come in handy.

 

 

Wish i could have filmed myself getting that cheque this morning, it was fast forward, no stopping

and please dont let their be any speed cameras around,

 

 

i swear it was in my bank account within 10 minutes of me receiving it just incase they asked for it back.

Well worth the price of a stamp.

Will let everyone know what happens next.

 

 

Thanks again.

[delilahsahb]

Hi All,

got what is probably a stupid question but im interested to know someone elses thoughts on this.

 

Original Creditor sells debt with an outstanding balance of just say £3,800

DCA adds interest and chases the debt

Debtor gets refund of charges,ppi,etc for around £1800

 

Heres the question:

- Original balance should have been £2,000 when sold to DCA and not £3800

(albeit refund has been given to debtor so balance would stay at £3800 before interest from DCA)

 

 

but has anyone been to court and said to a judge

"thats what the balance should have been at at the time debt was sold,

i would have probably been able to manage a debt of that size before unfair charges

and mis-sold ppi was added and the DCA was sold an over inflated debt by the original creditor".

 

I know its a daft question and a court would probably not look at things the same way as i do but it kind of makes sense to me.

 

 

Any thoughts, anyone?

 

Legal aid is now through,

although i do have to pay something towards the cost so my lawyer is writing to Cabots lawyers to see if they want to proceed.

If they do and i win then ive told my lawyer i want Cabot to foot my legal aid bill.

If i lose, id have to pay the leeches and legal aid.

 

 

Of course, i have the added bonus of them being told im on legal aid which could put them off pursuing.

Either way, its crunch time, the sist is getting lifted.

No more cheques from Barclaycard today boo hoo!

[AndyOrch]

This is why assignments should be out lawed and banned in theory the debt is the assignees now, as they have bought it, with warts and all

so the PPI should have been refunded from the assignee not assignor (assuming it all within the same agreement/debt) you cant have 2 contracts for the same debt

and one refunds on the original balance and the other litigates on the assignment value, can you????

 

Even if they did buy it for peanuts!!!!! Unless of course the OC still has a vested interest in the debt.

 

Regards

 

Andy

[delilahsahb]

Agreed.

The law is an ass, as they say.

 

 

I told my lawyer about the letter from Barclaycard on the unfair charges,

so she wants to know as soon as i hear back from them.

 

 

Im feeling confident enough for the sist to be lifted so to Crapot Financial i say..."Bring it on"

[delilahsahb]

Latest update from my lawyer.

 

 

She has written to Cabots lawyers telling them im on legal aid.

That their clients (cabot) were considering their position.

That i do not wish the action to be sisted indefinitely.

Im in receipt of Legal Aid and that any award of expenses against me can be reduced to nil.

 

 

We suggested previously that your clients may not wish to incur expenses of a Proof if their was a "problem" about their position.

On this basis please confirm if your clients intend proceeding any further with the Action.

 

Sounds pretty good to me,

especially when she says that any expenses can be reduced to nil if i lost (which i fingers crossed i wont).

She hasnt wasted any time since the Legal Aid Certificate has come through, so heres hoping folks.

Will let you all know as soon as i hear anything.

[rightinthemire]

Hi Delilahsabh,

I am having problems with crapbot also and looks like they are going to try and take me to court.

I am in Scotland also, and would like to get legal advise, your lawyer sounds pretty clued up, I have looked around for lawyers who deal with these issues, but havent found anyone.

I am in the South Lanarshire area--is you lawyer in or around this area?

If so, would it be possible for you to somehow let me know who it is so I can get in touch with them and take my problem to them for advise?

Hope this is ok.

Good luck against these muppets!!!!!

[Undercover-Elsa]

Hi, Rightinthemire,

Govan Law Centre are the bees knees when it comes to consumer issues and taking on the banks.

Their website would be a good place to start:

 

 

http://govanlc.blogspot.com/

[delilahsahb]

Hi, firstly sorry im on the other side of Scotland so cant help you with my lawyer rightinthemire.

 

Secondly, i need help from all you lovely people out there.

 

 

I have just came off the dog and bone to Barclaycard.

Have not heard from them about the unfair charges yet so decided to phone them and see what they had to say.

They have apparently sent the "agents" the default charges to offset against the account.

I asked who the agents were and after 5 minutes of being on hold i was told Cabot.

 

 

I explained that Cabot were supposed to own the account and that they are not agents for Barclaycard

so therefore the money should have been returned to me.

 

 

I was told to phone Cabot and discuss it with them (erm! no chance).

What do i do now apart from tell me lawyer obviously?

[rightinthemire]

Thanks anyway Delilah--good luck,

Hi Elsa, I will look up Govan law centre and see what they can do

[delilahsahb]

Hi again. I managed to speak to my lawyer about barclaycard giving Cabot the money, she wants it in writing (so do i).

Should i write to Barclaycard and tell them im not happy that they havent responded to my letter regarding "agent"

and again request confirmation that Cabot own the account.

 

 

Then put something like, if Cabot own the account why have Barclaycard sent the money to a third party,

it should have been sent direct to me.

 

 

If like they said they have given the money to Cabot then i want confirmation that this was applied to the account.

Its what ive already sent them but is there anything else i can add?

I appear to find myself in a win win situation here

 

 

Barclaycard dont seem to know if the account is sold or if Cabot are acting as their agents and if the latter is the case,

im going to have a field day with Cabot given half the chance.

Any advise anyone?

and what will they do with the PPI (id like that paid to me not Cabot)

 

i have drafted a letter for Barclayscard.

I have told them that i need clarification as to where and who the refund has been sent.

I have been informed that Cabot are owners of the account and that as such refund should have been direct to me

and not an independent Third Party (check with FOS on Refunds of PPI and Unfair Charges).

 

 

If Cabot are agents, then i need the balance due before the refund and after it was applied

and confirmation in writing that Cabot are acting as agents.

 

 

I have also referred to the letter for the double entry refund whereby it implies Cabot are owners

and there appears to be a breakdown in communication within Barclaycard regarding this account.

 

 

I have gone on to say that Cabot initiated court proceedings in May

and that all information received regarding refunds of unfair charges, double entries and ppi are being passed on to my lawyer

to be used if required (unsure about that bit it seems a bit strong).

 

 

Ive told them i expect a response within 14 days or i will pass this to the Financial Ombudsman

and instruct my lawyer to initiate court proceedings

 

Thats more or less what ive put in and im obviously calling their bluff with the "initiate court proceedings" bit

so does anyone think its a bit too strong and i havent told them that Cabot were taking me to court yet

but i put it in the letter to let them know i have a lawyer dealing with it (is that a right move or a wrong move?).

 

 

If anyone can advise if i should tone that down a bit id appreciate any input.

 

 

Im getting close to seeing an end to this

so im scared in case im too heavy handed and blow my chances of winning

but i just want Barclaycard to confirm that they are agents and not owners.

 

 

The money would be nice but i dont really care about it,

i just want cabot to disappear and id like to kick their ass in the process

[delilahsahb]

Help required!!!

Barclaycard have refused my ppi claim stating that i ticked the box on the application form,

they neglected to state that my employment status was "homemaker".

I have also been on long term incapacity benefit since 1991.

So do i complain to Ombudsman and if so how do i go about it?

 

Here is the latest from Cabots lawyers:

 

We now have our clients instructions.

Our clients have in particular noted your client has been granted legal aid.

They are reasonably confident of success in the action against your client but, in view of the fact that this is a summary cause,

the fact that your client could have an award of expenses against her modified to nil does have some bearing on their approach to the matter.

 

Our clients are uncertain as to whether you are aware that your client has already offered to settle this matter

-we enclose a copy of a letter your client sent to our clients on 15 April 2008 in which an offer is made to settle at £70 per month.

( wrong date of letter for a start Cabot and the offer was at that time made under duress.

thats the few payments i made when they were harassing the life out of me).

 

In all the circumstances, and for the sake of a speedy settlement, our clients would be prepared to compromise the principle sum.

The sum currently sued for is £4,780.00 and our clients would be prepared to settle for one half of this figure, namely £2,390.00.

They would meet their own expenses and your client obviously has legal aid cover.

 

 

Our clients have noted your clients earlier proposal of £70.00 per month and in all the circumstances our clinet would be prepared to accept payment at that rate,

subject to your client vouching her current income to demonstrate that £70.00 per month is reasonable having regard to her current circumstances

. (DREAM ON CABOT YOU AINT GETTING TO KNOW MY INCOME).

We look forward to hearing from you when you have your clients further instructions.

 

My lawyer states that as they failed to respond to any of the points made by her and that they have simply indicated they are reasonably confident of success,

that i should refuse their offer.

 

 

There is also no mention of the £490 refund they have received from barclaycard for the default charges.

I havent instructed my lawyer yet, i thought id put it to the experts first to see what you guys think

 

 

. My own opinion is ive got their backs to the wall and theyre trying to get at least something out of me but Hell will freeze over 1st.

 

 

So 2 points here guys that i need advise and opinions on:

- the ppi and

the letter from Crackpots lawyers.

 

 

Please!!

 

I have now spoken to my lawyer and she is under the impression that its a last gasp attempt to get something out of me.

On that basis i have instructed her to refuse their offer and to state that there are currently disputed charges

that have supposed to have refunded by Barclaycard to their "agents" Cabot, yet they have not mentioned this or adjusted the balance in their letter

 

 

. I have told her to also state that i have passed a disputed ppi claim on the account to the financial ombudsman for their consideration

. (obviously, i havent done that yet because i dont know what to do)

 

Eureka! managed to find the Financial Ombudsman Complaint form so its been posted off today.