Cabot Financial old barclaycard debt

[mick094m]

Sorry for the delay in replying as I said been back and forwards with my Wife to Hospital appointments, update .......

 

I received another letter from my bank (Halifax) which I think is very helpful,

they sent me an itemised list of Direct debits with final comment,

" After 1st.June 2009 the originator did not claim another payment".

 

Does this mean it was Cabot that cancelled the direct debit,??????????.

 

I can/will contact the bank to confirm who it was that cancelled the direct debit,

but if they as originator did not claim any more payments surely that proves what I am saying is true.

 

I have just had another letter from them this morning

the amount they want now is £1274.77p,

 

where this comes from baffles me as it does not tie in with the Banks Direct Debit figures,

 

as I have a bit more free time before next Hospital appointment

I am going to the Post Office to get the postal order ,

then write to them as you have requested I do and send it reordered delivery .

 

But I am also going to write to my MP asking his opinion on this Firm

and if he can do something about getting them closed down,

in my opinion they are [blankety blanks],

the evidence is here on this forum for all to see, something has to be done about them.

 

Could someone explain if I am right in my interpretation of the banks wording "the originator did not claim another payment".

that it was Cabot that closed the account, as being paid in full.

 

I am also asking the bank to explain what they mean and for them to tell me who closed the direct debits,

and did I send a cheque to them before that date as a final settlement if so what date etc......

 

will update when I hear from them (Cabot) that is if they do.

 

I would like them just to take me to Court and then show the written evidence against them.

Edited November 15, 2013 by slick132
used spacing so post is legible; defamatory language edited

[citizenB]

If the originator did not claim payments - then it is they who have broken the contract.

[slick132]

Hi Mick,

 

It does sound like it was Cabot that stopped taking DD from you.

 

But that does not necessarily mean that "they closed the a/c, as being paid in full."

 

[mick094m]

If they stopped taking the DD why would they do that ,

 

I am sure I got a phone call or letter of an offer to close it, but cannot remember ,

 

surely if they stopped the DD it is there fault not mine ,

 

I will ask the Halifax to explain why the DD was stopped by them.

 

Might just tell Cabot to take me to court would love to show them out to be the idiots that they are,

off to the PO for a postal order

[dx100uk]

yes get that CCA off to crapbot

 

you don't need to send recorded

 

2nd class with free proof of posting at the counter will do

 

dx

[mick094m]

I finally sent off the CCA to crabot last Monday 25th. November 2013 with request for all the information they have on me as advised. To date not had any form of reply,

[mick094m]

Update 12/12/2013: It is nearly three weeks and still no reply ,how long do they have to reply ,if it is over the time limit ,what is the next step.

thanks in advance

[mikeymack2002]

12+2 days then the failure letter

[slick132]

Hi Mick,

 

From the Library - http://www.consumeractiongroup.co.uk/forum/showthread.php?405830-Letter-for-a-Failed-CCA-Request(1-Viewing)-nbsp

 

[mick094m]

Thanks once again for the helpful info ,will get that letter off to them today and report back ,though not expecting any reply

[BRIGADIER2JCS]

A CCA request will only produce a copy of an agreement or a reconstituted one + the Ts &Cs.

To get all data relating to you must make a SAR.

[mick094m]

Again have to apologise for lack of replying,

it has been my turn to go on hospital visits, blood tests, xrays and ecg's, waiting on the results ,

in the mean time I have broke out in a rash to end all rash's,

the nurse doing the ecg's said it is probably been triggered off by "anxiety" ,

thanks a bunch Cabot, you going to pay for all of this.

 

I had a reply from them saying they did not have the information that I had requested ,but they would get it and get back to me.

 

Well yesterday the latest from them is as follows,

"Unfortunately Cabot has not been able to provide you with the requested information within the relevant time period. ........Surprise surprise .

 

they are continuing the request, in the mean time my account is on hold until they can comply with my request.

 

This I find very interesting they go on to state that

"Your credit agreement is currently unenforceable ,which means we are not permitted to obtain a judgement or decree in Court.

However you are still obliged to repay the outstanding balance as confirmed in this letter."

 

What sort of planet or "substance" are these "blockheads" on.

They go on to offer recommending contacting Citizens Advice and to contact them as soon as possible

to set up a repayment arrangement or continue with your existing one.

 

Excuse me but one was already set up and paid in full with copies from Bank and statements to prove it so....

........instead of following that advice I will be taking everything to a Solicitor ,

sending details of all we have had to put up with to my MP

,and sending them a "very strong " worded letter informing them of "pending Legal Action " by myself.

 

This is not about compensation now as the amount needed to do so,

they would not be able to afford as I would be requesting "MILLIONS" it is all now about putting them out of business.

 

Are there any organisations that they are responsible to ,

that I can also contact informing them of the manner in which they conduct,

and wrongly harass people in the process.

[slick132]

Hi Mick,

 

The only bodies the banks are broadly answerable to are the FOS and the courts.

 

We see time and time again that the FOS sides with the banks on many cases and normally offer a pittance in compensation.

 

The courts may offer a better option but to take action against a bank, you have to prove your case to the satisfaction of the judge on the day.

 

Taking this to a solicitor will cost you, obviously, but that's your prerogative. I personally doubt there's much a solicitor will do for you just now, that you can't do yourself.

 

It may be a good option to do nothing for now, until Cabot come back about whether they have a credit agreement.

 

Edited January 27, 2014 by slick132

[mick094m]

Hi , it was not the Bank I was after it was "Cabot" I wanted report and to someone ,to get into court and put them out of business ,

they must be answerable to someone.

 

I am at a loss to understand how they are allowed to still be in business being so incompetent,

 

but then again I should not be surprised at what is allowed to go on ,

 

after all it is "England", which encourages "spivvery" allows them to get away with murder.

[slick132]

Hi Mick,

 

I've just read back through the thread to see what your best move should be.

 

I can see you're annoyed with Cabot and about "what goes on in England these days". However, I doubt you will be able to teach Cabot the lesson you feel they deserve, or at least not YET.

 

You need to get from Cabot a detailed breakdown of the debt, from when they took it on up to the present.

 

You felt sure the a/c was paid off but you need figures to PROVE what the real position is.

 

I suggest you forget solicitors and courts for now - just concentrate on getting the info you need to see what was owed and what you have paid.

 

You can tell Cabot they have to send you a full summary of your alleged debt with them because you dispute you owe anything.

 

Or you can send them a SAR with the £10 fee.

 

[mick094m]

I have all the information I need

I have a letter from my bank listing all the direct debits that were paid

 

I also have my statements listing them and dating them ,

 

then The bank stating it was Cabot that stopped taking the direct debit when it paid in full,

 

I repeat the bank state that CABOT "stopped" taking payments.

 

All of this I have written down from the Bank ,

 

so what I would like to know is where has all the Direct Debits gone that they took from my account

[slick132]

I have a letter ......

 

...... The bank stating it was Cabot that stopped taking the direct debit when it paid in full,

 

I repeat the bank state that CABOT "stopped" taking payments.

 

In your post #26, you said, "After 1st.June 2009 the originator did not claim another payment."

 

The bank have confirmed that Cabot stopped taking payments but they did not say Cabot stopped taking DD's because the debt was paid in full.

 

I absolutely agree with you, that you need to know where the DD's that Cabot took have gone.

 

That's why I suggested in post #40, "You need to get from Cabot a detailed breakdown of the debt, from when they took it on up to the present."

 

Edited January 28, 2014 by slick132

[mick094m]

Why would Cabot stop taking anymore Direct Debits...........................unless the debt had been paid off,

do they usually do business in that way,

to purposely have a reason to make people lives a misery with their harassing letters, or am I missing something

[dx100uk]

sadly yes dca's usualy do do business in very bad ways.

 

p'haps its time for an SAR to crapbot as well.

 

 

NO DCA is in it for you.

 

if they can cajole, lie, bluff, spoof , whatever other words you wish to use

money out of a debtor they will use any methods.

 

if that money goes into their 'profit' bin

then all the better.

 

it was once said somewhere that 75% of all money DCA's get is clear profit

on debts they had no legal right to collect on in the first place

 

that's why debt management is the biggest and most profitable sector of our monetary system.

 

we call it cash cowing.

 

dx

[slick132]

Hi Mick,

 

Why would Cabot stop taking anymore Direct Debits...........................unless the debt had been paid off,

do they usually do business in that way, ........

 

I don't know why they'd stop taking the DD's but I think you are wrong to automatically assume they stopped because the debt was paid off in full.

 

You need proof of what happened, to get the full picture.

 

If Cabot won't give you the breakdown required in response to a request, get it with a SAR as DX says.