Yay!Fun with Cabot goons and a debt that I've never heard of!

[MagneticStrawberry]

I've now had a letter from Cabot(dated 18/8,arrived today-obviously on its summer holidays)for a Vanquis card debt of £465.I have never had a Vanquis card(I don't do cards-the last one I had was back at uni in 2000).

 

Got some goon from them ring up the other night to discuss it.Now I know we don't talk to them,but since all they were going to get out of me was 'I don't know who you are.Send proof of what I owe you before I even think of talking to you.Until then,I take as much notice of you as I do of the Nigerian businessman who email me with amazing windfall stories.',I kept him on the line to see how much he could screw up.He did not let me down.

 

Amongst his classics were 'We do not need to have any proof-the fact that we have contacted you shows that there is a debt there.','We have not had any contact from you for 5 years,which shows you have been trying to evade your responsibilities'(and thanks for letting me know it's nearly SB then),

'we have already sent the proof to your email'(having given me an email that wasn't mine,so no wonder it wasn't received)and that if it had been sent to the spam box(with every other email that demands urgent action on my account-normally from banks I don't even bank with),that I would be 'reported for destroying evidence in order to hinder the legal process.'

 

We finished off when I stated 'I will not be paying anything without some form of proof or evidence',he replied with 'I've marked your notes REFUSAL TO PAY-we can take this to the court and they'll give us a judgment straight away'.

 

And their security questions?I failed them,but he was desperate to get someone so he tried offering me bits of information to see if any of them worked-'I'll give you the year of birth-is that anyone in your family,does anyone you know ever live at this address'.All no's...are they going to be reported for data protection offences.Yes!

 

I assume I send them a Prove it letter stating I have no knowledge of this debt or card...and is it worth making a complaint highlighting their many and varied errors in that letter too?

[Revenant]

Hi MS

 

I'd ignore them and let them dig the hole deeper

 

R

[PGH7447]

You obvioulsy got the bank holiday cover phone drone in, who was so desperate to impress. so he could become a full time phone drone - lol

[MagneticStrawberry]

OK folks here's what our favourite muppets* have produced-after rousing me at 8am to tell me that they have proved it because they have sent letters in the past-and that it could not be in dispute,because it requires both parties to agree that there is a dispute and they don't see anything wrong with this debt...

 

I haven't got a scanner,so I will have to type in details but it has as much chance of being compliant as I have of persuading my neighbours to line up along the garden fence in a naked tap dancing conga...

 

The photocopy of my "credit agreement" has three sections and is headlined Apply now in three simple steps

 

1.My details-name,address,employment status,income(they have my income as £8K per year...payroll would love to see why they're paying me twice that)

2.Contact details-home number,mobile,work number

3.Declaration...

'Credit agreement regulated by the Consumer Credit 1974'.

By signing this agreement,you are confirming that

*You are applying for a Vanquis credit card,PIN and cheques,issued by Vanquis Bank Limited,Colonnade,Sunbridge Road,Bradford,West Yorkshire.You have read and agree to be bound by the enclosed Vanquis terms and conditions.You are a UK resident who is at least 18 years old and are not bankrupt. All the information provided by you is accurate.You understand that we will call you to obtain additional details about your application;we will send you a Vanquis credit card and may send you any replacement card and/or PIN covered by the terms of this agreement;we will search the files of any credit reference agency or fraud prevention agency 'the agencies' when considering your application and they will keep a record of all searches;you may be treated as financially linked to other people and your application may take into account their records;we may use credit scoring or other automated decision making techniques when assessing your application;if you give inaccurate information to us,this information will be filed and recorded by the agencies;the agencies'records of searches and other information may be used by other organizations to make credit and insurance decisions about you and members of your household,to manage your account(s)or insurance policies and to check your identity and to prevent money laundering.

 

Personal information(please read section 23 of the Terms and Conditions)

*You have read and agree to us using your personal information in accordance with section 23 of the Terms and Conditions and the above declaration

*If you do not consent to us using information relating to anyone who is financially linked to you(e.g. someone with whom you have a joint mortgage or loan account)when assessing your application and can confirm that no linked information would affect your ability to obtain credit,please tick this box [/]

(box ticked)

*We'd like to disclose your details to other parts of Provident Financial group,so that they can contact you by post or telephone about products that may be of interest to you,if we cannot offer you a Vanquis Card.If you do not want to receive this information,please tick this box[/](box ticked)

This is a Credit Agreement regulated by the Consumer Credit Act 1974.Sign it only if you want to be legally bound by its terms

Signed(not my signature) Dated 12/10/04

Your right to cancel.

Once you have signed this agreement,you will have for a short time a right to cancel it.Exact details of how and when you can do this will be sent to you by post by us.

For and on behalf on Vanquis Bank Limited.

 

 

 

 

 

 

 

 

 

 

*apologies to Kermit,Gonzo,Miss Piggy et al who actually are successful and entertaining muppets...

[BRIGADIER2JCS]

Is it signed, or are they stating this is a reconstituted agreement,

compliant with section 77/78 of the CCA???

[BRIGADIER2JCS]

duplicate post

[MagneticStrawberry]

Now we come to the statements

 

December 2004-January 2006 are all on Account Number 1

February-October 2006 are missing presumed dead

November 2006 is on the back of January 2006,but with Account Number 2(the one in their letter)

There are two payments made on this account-one in October(in Utah!),one in November and then there's a balance transfer to Account Number 3

 

Last payment was made according to the statements in November 06(although they're claiming late fees and interest count as payments so it's not SB until Feb 07).

 

Furthermore,the address they have on each of the statements is nonexistent-there is no such road in our town

What's my next step-tell them that since they have not furnished me with ALL statements and a fully compliant CCA,they have not supplied full proof?

[MagneticStrawberry]

It is signed,but not with my signature.The cover letter just states 'please find enclosed a copy of the credit agreement and copy statements which we sent earlier this year and we understand you haven't received.'

 

Furthermore,it was recorded delivery,so they can see that my signature doesn't match theirs...

They want a copy of my driving licence or passport for a specimen signature to match to the one in the credit agreement.I don't think so!

[BRIGADIER2JCS]

You are right no way provide anything

the burden of proof is firmly on them.

Brig.

[MagneticStrawberry]

I'll be able to scan the documents up on Sunday or Monday...

 

Should these be the main points of my letter?

 

Where are the statements from February-October 2006?

Why has the alleged account number suddenly changed in November 2006?

Why was there a balance transfer of £250 into another account in November 2006?

Where did this £250 go-was there another account in credit to this amount after that date?

Why have you got someone else's signature on this?

Where is my properly compliant CCA?

 

Also rather curious every day since I've sent my prove it letter,I haven't had a reply...but I've had two or three emails at least a day from Vanquis asking if I wish to sign up for one of their new cards.Never heard from them before-a cunning play to get my details on a nice brand new,signed, compliant CCA?

[BRIGADIER2JCS]

Time for a formal complaint to Vanquis requiring them to explain the

missing items and discrepancies, unknown signatures

etc.,

[MagneticStrawberry]

Perfect-I'll get onto it at the weekend. Many thanks Brig-with you on the case,I shouldn't have any problems!

[BRIGADIER2JCS]

you are most welcome:madgrin:

[ScarletPimpernel]

It is signed,but not with my signature.The cover letter just states 'please find enclosed a copy of the credit agreement and copy statements which we sent earlier this year and we understand you haven't received.'

 

Furthermore,it was recorded delivery,so they can see that my signature doesn't match theirs...

They want a copy of my driving licence or passport for a specimen signature to match to the one in the credit agreement.I don't think so!

 

Asking you to prove you are not the person they are after is a clear breach of the OFT guidance...

[DonkeyB]

Don't ask those questions about missing statements etc - that would imply you know something about this.

 

Urgent complaint to the OFT and TS - and I bet the recordings of their phone calls have mysteriously disappeared. Can you record calls?

[MagneticStrawberry]

Complaints ready to go to OFT and TS

[MagneticStrawberry]

I can't record calls-but I am making notes of what is said-each time I state clearly that you have not proved I owe this,you are breaking OFT guidelines. So if they want to use any of the recordings that they keep telling me they are recording,they'll have to do some serious editing.

[MagneticStrawberry]

Post number 10 so I can post links!

[MagneticStrawberry]

This is my wonderful singing dancing credit agreement

 

 

And this is their response to my Prove It letter

 

[NewYorkOwls]

subbing

Edited September 6, 2011 by NewYorkOwls
Changed

[MagneticStrawberry]

Hmmm one day later(2 September) and they've sent another letter stating 'We've previously advised you that if you didn't repay your outstanding debt to Cabot,we'd take further action.Therefore,unless we hear from you immediately we'll instruct one of our debt recovery agents to call on you to collect the debt.You must call 0845 0700 769 urgently and speak to one of our customer advisers'.

 

Well,account's in dispute,they haven't provided compliant CCA(I haven't had time to receive it let alone verify it) and I have no intentions of contacting any of their trained monkeys.

 

Comments on their 'agreement' and letters welcome...

[BRIGADIER2JCS]

Emm, a couple of points:-

1. the document is part of an application form

not an agreement, and would not satisfy even as

a reconstituted agreement, so send the

account in dispute letter from the CAG library.

2. include with the above that any home visits

will not be tolerated under any circumstances,

and should anyone attempt to call they will be dealt

with as necessary .

[MagneticStrawberry]

Nothing from this lot yet,but I have now acquired over 30 email invitations for a Vanquis card-including 20 in a week.They REALLY want me to sign up for this...

[up2meears]

Subbing

[MagneticStrawberry]

Ah now we have a problem. Checking my credit file today,a default has appeared from Cabot. It states the account was defaulted on 31/8/11 even though it's only appeared on my file in the last day or two(and 31/8 is one day before the letter they sent me wanting copies of my signature).No reply to any of my complaints,no CCA,no proof I ever had this card or the debt-and no reply from OFT or TS yet What to do now friendly folk?