Citi Refund sent to Cabot, not me..!!

[andrew1]

Good morning DM - yes I am following your cases especially with Cabot - tberns gone quiet too! ( lull before the storm eh? )

 

In my case, citi paid back about £500 of a £930 debt to Cabot who must have paid no more than £100 for it, but that's not the issue. My issue is why should Cabot get from Citi ( If any ) more than they paid for it? Surely the arrangement between me and Cabot / Kingshill No1 Ltd (If any ) is my business and my business alone - It's not for Citi to send my money to anyone else ( If I'd have known I could have had it sent to you or tbern !! ) No, this issue is deeper than that. It's the whole Cabot saga on one side which you are already aware of and what rights Citi have to dispense my money to Cabot.

 

I've also got the Default issues to sort out. Citi have left theirs on since 2004 when they sold the debt and Kingshill No1 Ltd lodged one the day they bought it. Cabot do not have the original agreement to prove I owed anything to anyone so they are in deep ****e anyway on that and have not responded to the CCA request. I tell you just this one account is a flaming nightmare to deal with.

[debt_mountain]

Good morning DM - yes I am following your cases especially with Cabot - tberns gone quiet too! ( lull before the storm eh? )

 

In my case, citi paid back about £500 of a £930 debt to Cabot who must have paid no more than £100 for it, but that's not the issue. My issue is why should Cabot get from Citi ( If any ) more than they paid for it? Surely the arrangement between me and Cabot / Kingshill No1 Ltd (If any ) is my business and my business alone - It's not for Citi to send my money to anyone else ( If I'd have known I could have had it sent to you or tbern !! ) No, this issue is deeper than that. It's the whole Cabot saga on one side which you are already aware of and what rights Citi have to dispense my money to Cabot.

 

I've also got the Default issues to sort out. Citi have left theirs on since 2004 when they sold the debt and Kingshill No1 Ltd lodged one the day they bought it. Cabot do not have the original agreement to prove I owed anything to anyone so they are in deep ****e anyway on that and have not responded to the CCA request. I tell you just this one account is a flaming nightmare to deal with.

I have been in a discussion with the GE solicitors and the arguement he has about them not having an agreement is that I made payments to the account so it obviously existed and they can produce a copy of an agreement around the same date as mine. Yeh right, lets see that one in front of Mr Judge.

 

I was also wondering if the DCA can issue a default in thrir name on the day they buy the debt when you havn't actually defaulted on a paymnet plan with them. Should the original lenders default not have been left on and the DCA just leave it at that? can they actually refresh the date so the 6 years starts again?

 

But the fact that Cabot paid

 

Did you take Citi to MCOL stage ? is it still open and could you tell them you have not yet received any payment?

 

On another note, did you SAR Cabot and get anything back? I am about to as I have 60+ days til my court meeting I thoguht I had better do 1, but who on. I was intending doing all 3 its only £30 of Nationwides money) or should I just do cabot europe? and save £20? choices..

[andrew1]

I have been in a discussion with the GE solicitors and the arguement he has about them not having an agreement is that I made payments to the account so it obviously existed and they can produce a copy of an agreement around the same date as mine. Yeh right, lets see that one in front of Mr Judge.

 

I was also wondering if the DCA can issue a default in thrir name on the day they buy the debt when you havn't actually defaulted on a paymnet plan with them. Should the original lenders default not have been left on and the DCA just leave it at that? can they actually refresh the date so the 6 years starts again?

 

But the fact that Cabot paid

 

Did you take Citi to MCOL stage ? is it still open and could you tell them you have not yet received any payment?

 

On another note, did you S.A.R - (Subject Access Request) Cabot and get anything back? I am about to as I have 60+ days til my court meeting I thoguht I had better do 1, but who on. I was intending doing all 3 its only £30 of Nationwides money) or should I just do cabot europe? and save £20? choices..

 

 

Hi DM, AS far as defaults registered are concerned, I am following Zooman (aka Ashley) who has quite a positive take on this. It appears Defaults and responsibilities pass, on a debt sold, to the DCA. The Dca carries the default over, but the card co should remove theirs ( I believe). It is the DCA ie Cabot in our case that we send a CCA Request to. The S.A.R - (Subject Access Request) will only provide you with all the information they hold on you under the Data Protection Act which, if you think about it won't be much because the debts are bought en-masse without paperwork as we are finding out. The CCA request is where these beggars are falling foul of the law because they cannot/ have not produced or got any of our agreements themselves so S.A.R - (Subject Access Request) is not really appropriate. Save that for the original creditor. This is why they (the dca's) are writing saying that it'll take 8 weeks to find them and then they write to the original creditor. However, they are obliged under some law or another to have proof the debt exists before asking for money - otherwise it's extortion.

 

As for your discussion with the solicitor, proof that you had the debt in the first place is actually not the issue and can be proved easily by bank statements from both parties, transfers of monies and payments etc. What the issue is is whether or not there was a 'properly executed agreement' signed by both parties to that agreement.

 

The problem with the Consumer Credit Act is that it states that the agreement sent to you need not have a signature box or signature, but to take you to court the court will want to see the ' original ' agreement http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements-38.html (so why not send a copy of the original in the first place? - cos they can't find them - that's why) and therefore the agreement becomes unenforceable and since the DCA can't come up with the agreement under your cca request they are committing a criminal offence and wouldn't dare take you to court without one. Debt gone until they find the agreement that is and have grovelled to the court to get it enforced whilst picking up a fine for committing an offence themselves - don't think so!

[melanieh364]

Yes they can pay it to Cabot,I am going through the same thing at the moment and the money I received from Nationwide was automatically taken off the debt I owed them too.Although it would have been nice to make a bit of money out of it i'm just as pleased to see my debts go down more with each claim I make.