Being chased for money on credit card I never had. Fraud

[J9ADDI]

Please help!

 

I have received a letter from a company called Cabot chasing me for monies owed on a credit card that taken out Fraudulently years ago with Egg.

 

I found out about this debt when I applied to re mortgage to purchase another house.

 

I then took action and immediately reported this fraud to the police station where I received a crime number.

 

I passed this on to egg and capital one as there where TWO cards in my name.

 

Capital one sorted this out right away and I thought Egg had done too, as I got my Mortgage moved after months of stress sorting this out.

 

This was nearly five years ago, since got married.

 

I came home 3 weeks ago to find a lovely letter from Cabot who claim I still owe this money and have erged me to make contact immediately.

 

I have sent them a letter in my maiden name as this is what all the alledged debt is in,

stating the following:

 

Dear Sir/Madam

 

Re your Reference Number: ****************.

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974.

I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit.

You are reminded that should you fail to comply with my request; the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor.

 

In the case of an absolute assignment, you are a creditor as defined by s.189.

If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee.

Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request,

you should confirm this in writing at the earliest opportunity,

and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”,

please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission;

the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so,

then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

I look forward to hearing from you.

 

Yours faithfully

 

I have now had a letter back saying they are sorry if I feel Harrased

BUT i am still liable for the debt and that they actually have 40days to obtain information

(would likt to see what they get as I NEVER got a card).

 

I really getting stressed over this and my husband isnt helping me by constantly giving me greif to get it sorted as he doesnt want to be affected by it all.

 

Please please can someone help?

 

Thank you

 

One stressed out Janine

[Crocdoc]

I would suggest that it may have been better to outline the fact that EGG have already been informed that the credit card was obtained fraudlulently and the matter received police attention at that time. If you still have the crime number that would be helpful as the DCA will almost certainly return the file to EGG.

[sequenci]

Hello there.

 

In addition to what Crocdoc has stated:

 

I certainly feel your frustrations. Under the Fraud Act 2006 the creditor should be the one running around doing all of the investigating. The key reason being that the individual that has taken out the card in your name is the one who is committing an offence against the card provider (of course they have also committed an offence against you too). So, in a nutshell, when you tell the creditor - or the DCA in this case - that this is the subject of fraud, they have to take reasonable steps to investigate. You should highlight this to Cabot in writing, and at the same time make clear that you will take things further unless they halt all action against you whilst this is being investigated. Make clear that you are considering suing them for harassment.

[BRIGADIER2JCS]

Hi Wecome to CAG,

 

The letter is fine, did you send the £1 statutory fee required for a CCA request, Cabot are known to ignore if the fee is nor enclosed.

 

Send the following to The Compliance Manager at Cabot by recorded delivery.

 

Ref: as on their letter.

 

Dear Sir,

 

I am in receipt of your letter dated xx xx xxxx in which you allege that I am lible for a debt of £xxxx originally accrued onan Egg Credit Card, Plaese take note I am not now nor ever have been a customer of Egg or their successors, and do not acknowledge any debt to your company,

 

This is a fraudulently aquired card account, the matter was reported to the police and a crime number was issued on xxxxx, I had assumed that EGG had taken suitable action regarding the fraud but it seems that the company has acted improperly in selling on the allged debt without informing the purchaser ot the disputed fraudulent account.

 

I will not therefore make any payment or offer po payment in regard to this matter, and would remind you that the onus of proof in regard to the allged debt lies fully on Cabot and it is not for me to prove otherwise.

[J9ADDI]

Thanks everyone

 

Unfortunately at the beginning of the year I shreaded everything as I thought this was all clear

so I know longer have the crime number and letters.

 

Brigadier2jcs- I did send them the pound postal order.

 

Cabot have acknowledged this letter by coming back to me with a load of legal crap I do not understand.

 

But they did tell me they had 40 days to recover all the paperwork?

 

I certainly will not be phoning them, my husband is on my back all the time over this saying to me just call,

I don't want to because all this fraud was done in my maiden name and I do not want anything coming up in my married name.

 

I have checked on my experian report and this isnt showing.

 

I of course always check this report because of the issue in the first place

[BRIGADIER2JCS]

Can you post up a suitably redacted copy otf Cabots reply please.

[J9ADDI]

Of course I can, Will do this as soon as I get home from work, thought I had the letter on me but clearly do not

[sequenci]

Try not to worry. Brig's on the case and this WILL get sorted for you

[dx100uk]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[citizenB]

NOTE: I have unapproved all irrelevant posts as this is now dealt with.

 

Here you go

 

[ATTACH]39503[/ATTACH]

[citizenB]

Ok, it is their usual response.

 

Have they provided you with a copy of the agreement or a reconstruction ?

 

They say they are entitled under the original agreement.. however if there isnt one or they have been unable to produce one, then this is a disingenous comment inasmuch as it is not proved that there is an agreement or whether the agreement allows for them to act in this manner.

 

Also, I believe you have stated that you did not ever sign an agreement as you had reported an ID fraud to EGG.. therefore they should indeed cease any reporting until they establish if you are a creditor/ debtor!

 

I am rather puzzled by their statements regarding "40 days" ..

 

Are they attempting to say they are permitted 40 days to comply with a CCA request - not so, they have 12 working days + 2.

 

They have 8 weeks in which to fully comply in responding to an Official Complaint whereby if they have not, you can then take your complaint to the FOS.

[dx100uk]

begging letter!!

 

 

dx

[J9ADDI]

Many thanks,

I am breathing a lot easier now.

 

I did wait the full 12 days and then sent this to them

 

Dear Sir/Madam

 

I am saddened you have failed to respond to my letter dated 15/10/2012

 

however,You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On 15/10/2012 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms,

all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments.

 

If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement

to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states

:If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it,

Failed to send a full statement of the account and

Failed to provide any of the documentation requested.

 

You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods

- Examples of unfair practices are as follows - 2.8 (i) -

'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'(k)

- 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease

processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’;

 

You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data

 

.Furthermore you should be aware that a creditor is not permitted to take ANYAction against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.I reserve the right to report your actions to any such regulatory authorities as I see fit.

 

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.I look forward to hearing from you in writing.

 

To which as yet not heard back

[BRIGADIER2JCS]

Statutory fee of £1 sent??

[dx100uk]

if you must copy and paste

 

please do it from a text based program like notepad not word.

 

blank lines added to post 13 above

 

dx

[J9ADDI]

Yes the £1.00 postal order was sent

[citizenB]

Sadly, some of the content of your letter is no longer valid. There WAS a judgment where the Judge decided that "enforcement" was everything bar managing to obtain a judgment !! The creditor could even go so far as to issue a claim.. but no judgment could be given.. how bizarre is that !!

[J9ADDI]

Do I leave things in their hands now since my sencond letter sent, even if I am a tad out on the information? or to I write to them again with something like what BRIGADIER2JCS suggested?

[BRIGADIER2JCS]

Just a simple straight forward complaint to their data controller is needed.

 

Dear Sir I refer to your response to my request made under section 77/78 of the Consumer Credit Act 1974 and not that you wish to extend the time scale laid down in the Act to a further 40 days, this is totally unacceptable at this stage given the time your company has already had to comply with my lawful request.

 

I will generously allow a further 7 working days to comply should you fail in this matter I will make a complaint to the OFT regarding your conduct in this matter and will comment on the fitness of Cabot to hold a Consumer Credit Licence.

 

If you are aware that no such agreement exisit you must inform me in writting immediately.

 

Unless an appropriate response is received I shall consider the matter closed.

 

Send recorded delivery.

[J9ADDI]

Good Morning, late belated Happy New Year to you all. I had hoped that this was all sorted but I got these two letters on Saturday. One does Contradict the other!

letters will be posted shortly, I have to ask for another member to post on my behalf. Thank you inadvance for your help

[dx100uk]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx