Cabot

[teaboy2]

Shame we can not all write to him i would love to get my nails in to this one lol

[brokebutnotbeatn]

I sense a roll on this one peeps - they will have produced that document and in their glee at their cleverness () sent 100s out. If a few more surface, and I hope/sense they will, then this will gather lots of motion... therefore subbing with interest!

[PhiltheBear]

I've just started a thread under Lloyds in the bank area because I've also had one of these fake letters from Cabot. In my case it's supposed to be from Lloyds TSB.I don't want to hijack this thread but I am very interested in the legal ramifications of Cabot forging such letters.I think it's something like 'issuing a fraudulent instrument' because they are claiming that it's a notice of assignment.

 

The thread I started is http://www.consumeractiongroup.co.uk/forum/showthread.php?306852-Lloyds-TSB-suspected-fraudulent-letter-from-DCA (I hope that works!)

[BRIGADIER2JCS]

I reckon your'e right dodo hits:fear: the electrically propelled air movement machine

[xboxer]

Think it's their latest tactic, I'll post a copy of mine up later http://www.consumeractiongroup.co.uk/forum/showthread.php?283573-Equidebt-Cabot

[teaboy2]

Right so, first they fabricated a NOA for 2006, now after being caught out, they are saying the have only recently bought it, sorry but purchase date was??. Not only that if they have only recently bought it then they were illegally trying to collect on an account that they had no legal right to collect on, so that itself is fraud. I think its time you reported them to OFT, ICO, and trading standards.

 

Then again this could be yet another fabricated copy of the 2006 noa, only the idiots put the date they wrote it on instead of the date from 2006 lol.

 

Write them a letter stating you can not one minute say you bought the account in 2006 and send a NOA for which you fabricated a copy of the 2006 using the 2008 logo, and then say oh we only bought it recently implying it was bought this year. your actions are unlawful and a clear breach of OFT guidelines.

[pebbles71]

subbing

[BankFodder]

I've unapproved 2 posts by angry mum containing a scanned document which contains an account number and a name.

[Angry mum]

I thought I had removed all the account details?

 

Whoops sorry just saw what I missed removing, now I've taken the details off can I repost them?

 

Edited May 29, 2011 by Angry mum

[fernack]

yes you can x

[Angry mum]

After lots of searching, I have found what I was looking for, I knew Cabot hadn't sent me anything back in 2008!!

 

[DonkeyB]

So by their own admission, in default!

[Angry mum]

Certainly seems to be that way, I knew I had a letter from them but just couldn't find it when needed.

 

Anybody know what I need to do next?

[teaboy2]

Yeah send the below letter with a photo copy of the letter admitting they had no CCA

 

Dear sir

 

Please find attached a letter admitting you have no CCA and therefore were back then and still to this day, in default of my CCA request.

 

Now kindly **** off back under the turd that you climbed out from under.

 

Yours Faithfully and Without Prejudice

 

xxxxx

[BRIGADIER2JCS]

My sympathy is with the turd:madgrin:

[Angry mum]

Right first thing this morning, via e-mail, I've received a copy of our signed agreement with Capital One, I did e-mail them yesterday and told them they were in default and that their letters didn't tie up, and that they had been requesting payment for an account which they didn't legally own until, in their own words 'recently'

 

 

I'm sorry to keep asking but what do I do next, now I have all the copies?

[teaboy2]

LOL at Cabots expense is what you should do

 

And

 

Send them this

Address

 

Date

 

Dear sir/madam

 

Thank you for your response to my request under the Consumer Credit Act section 78.

In your response you confirm this as a true copy of the original agreement executed by (enter original creditor name) on the XXXXX.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any (prescribed terms / signature) means that a court would be prevented from enforcing it under s127(3).

 

I am granting to you a further 21 days to produce a copy of an executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt.

 

After this period you should close the file and cease processing an personal data relating to me on this matter.

 

Yours faithfully

 

P.s. An application form is not a credit agreement, nor does the application from you sent contain the perscribed terms or any terms and conditions within the same 4 corners of the paper that contains the agreement.

 

Bascially they have sent you is an application from, not an agreement. An agreement must contained the prescribed terms and the terms and conditions within the same 4 corners of document that is the agreement.

 

By the way Angrymum, did you edit out your address details occupation details etc or where they not showing on the document they sent, if they were not showing, then i would say they simply acquired the application from from the period you applied and ticked a few boxes photocopied it scanned it on to the computer and sent it to you.

[Angry mum]

Yes I edited out all personal details, wasn't sure I was allowed to show it.

 

Thank you for your help.

 

Watch this space for the next update.

[Angry mum]

Ok, after receiving a copy of our APPLICATION form from Capital one via Cabot this morning by e-mail, I've now just had our post and yet another letter from Cabot.

 

[The Debt Star]

oh keep copies of EVERYTHING. Biggest mistakes I ever made was shredding stuff years back. Comes back to kick yer a*** so keep all letters and docs.

 

Out of curiosity, ARE Cabot part of the same trading group as Crapital One?

[The Debt Star]

Bascially they have sent you is an application from, not an agreement. .

 

The advice I got on these forums is that an application form is enforceable ie is the agreement in many cases. The FOS in one of my disputes said thast my Barclaycard application was the agreement. Obviously thats just the FOS and not the court, but I'd be wary of disregarding the application form. Chances are they'll seek enforcement based on it.

[teaboy2]

The application form is only enforceable if the terms and conditions are within the same 4 corners of the page and if ther application form also contains the Prescribed terms which are seperate from the terms and conditions - if such an application form contained all that then it would be a application form and agreement in one. If not then it just an plain old useless application form

[bernardski]

In my case i was sent by the original lender what they insisted was a true copy of my Credit Agreement (Was an reproduced form!) which they considered more than satisfactory and completely enforceable but then to show how poor it was the DCA closed my file as even they didn't think they could get a result with it!! I hope all works out for you.

[Angry mum]

Here is todays latest update:

 

 

Dear

 

 

Our response to your correspondence

 

 

I refer to your email below, which was received on 2nd June 2011.

 

In your email you acknowledge receipt of the information we have provided in response to your request pursuant to section 77/78 of the Consumer Credit Act 1974 (“CCA”). However, I note you remain dissatisfied with the same.

 

 

 

Upon reviewing our records, I refer you to our previous correspondence dated 19th May 2011, in which Cabot Financial (Europe) Ltd responded to the issues you have raised and our position remains unchanged. I would with respect advise you that you have been misinformed in relation to the arguments you continue to raise and you have no grounds for your continued dispute and failure to repay your financial liabilities.

 

 

 

In addition to the above, I note your reference to section 127(3) of the CCA. From the documentation previously provided, there is no question as to the enforceability of your credit agreement. It clearly complies with the requirements of the CCA and the Consumer Credit (Agreements) Regulations 1983, relevant at the time. Should you intend to challenge the enforceability of your credit agreement, you must apply to the Court to obtain a declaration of unenforceability. We would recommend you seek independent legal advice prior to the commencement of any such proceedings.

 

 

 

We would also like to highlight that the sole purpose of the CCA is for consumer protection, not to provide a method for the avoidance of a debt, which we believe you are attempting in this matter.

 

 

 

I would again like to reiterate that the information provided is sufficient to satisfy the requirements set out under section 77/78 of the CCA. It is also adequate to justify the existence of this debt and your liability to repay the same. Therefore, we recommend that you continue to maintain payments in accordance with your agreed repayment arrangement, which for your information has been agreed for a monthly payment of £1.00.

 

 

 

Finally, I note from your email received on 1st June 2011 that you refer to recent correspondence we have sent in relation to your account, which states we have recently purchased your account. I would like to take this opportunity to clarify that this letter was a duplicate of the introductory letter, which was originally sent to your address on 22nd December 2006. Therefore, it is clear that we have not been illegally trying to collect payments on your account as you have alleged.

 

 

 

The Customer Assurance department will not enter in to any further correspondence with you regarding this matter as we have continually responded to the issues you have raised.

 

 

 

For your ease of reference the outstanding balance on the above account is .

 

 

 

I trust I have set out our position clearly.

 

 

 

Yours sincerely

 

 

 

Charlie Mitchell

Customer Assurance Advisor

Cabot Financial (Europe) Limited

1 Kings Hill Avenue, West Malling, Kent, ME19 4UA

Tel: 0845 026 0463

Email:

Web:

[spidey41]

pretty much the same letter they send anybody that disputes the cca , they keep losing in court though lol