Cabot reported to financial ombudsman

[MadLoopy]

This is quite a long story. Back in July 2003 I was a customer of Woolwich and went in the branch one day. I am disabled with many health problems and at that time was very unwell. I went in to draw some cash and the clerk asked if i would like a Barclaycard. Having lost my business some years before, ill and living on benefitsI immediately said yes.

 

I was given an immediate limit of £3000 which each quarter was increased and after two years it was £7000. As we were on a very low income I used this to help feed my still young family.

 

Need less to say by 2006 I was very much in debt to Barclaycard and had difficulty paying. We came to an arrangement and I began by paying £5 per month. All interest was frozen and was reviewed each year together with help from the CAB to £20 per month.

 

Fast forward to 2011 and I began getting calls from Cabot. Did not even know them. I bascially told them I was disabled and put everything in wrting. I contacted tthe CAB and I told them my agreement was with Barclaycard. The CAB said it was common practice and that if I refused to pay Cabot could take me to court. So I bit the bullet . I had an explanitory letter back in January 2011" Welcome to Cabot" they expalined they had bought the debt and were happy to agree to conitiue the repayment plan I had with Barclaycard with payments of £20 per month, with interest frozen.

 

Fast forward to today and I receive a letter from Cabot asking me to contact them as they are "reviewing" my account. In other words they will want me to pay more. I have just looked at my credit report and Cabot is listed and the account is marked satisfactory and my credit score is fair at 790.

 

However being short of cash as I always am I have never seen my Barclays Credit Agreement or had one from Cabot. We face huge bills increases this year rent is going up £90 per month alone so I cant afford to pay these people any more money each month.

 

How would things stand if I just refused to pay these wretched people???

 

It seems I will soon loose my mobilty car and was thinknig of applying for a loan to finance a small car.. Would I be delcined ???

[citizenB]

You had an agreement with Barclaycard to repay the outstanding debt at £20.00 per month. When Cabot purchased the debt they purchased it with the agreement in place.

 

Have a read of the article linked below. However, all you really need to is to write back confirming that your finances are unchanged and are unlikely to change any time soon.

 

http://www.consumeractiongroup.co.uk/forum/content.php?840-Stop-your-bank-or-lender-breaching-their-instalment-agreement

 

When you first entered into the agreement with B/shark did they immediately cease adding interest and penalty charges ?

 

If there are charges on the account you should be able to reclaim them.

 

Do you know if there was any Payment Protection Insurance on the account prior to going into default ?

[citizenB]

You advise you will soon lose your mobility vehicle - will you still be able to claim the mobility allowance ?

[MadLoopy]

Thanks very much for that. When I used the CAB the interest was frozen and I believe a late fee of £20.00 was refunded. I took pre-emptive action to stop charges. I am not sure whether PPI was in place or not, I am not certain how I can find out now.. I will write to CABOT as you said and I ask for a copy of my original CCA as I never saw one whe Cabot took over the debt. I will tell them my circumstances if anytihng are worse than two years ago as well. I have all my old Barclaycard transactions stored on thecomputer somewhere so I can go back and check for any more penaly fees incurred Once again thanks.

[MadLoopy]

I really am taking premeptive action here. When the new benefit is brought in replacing DLA I am certain I will not qualify. I have reserached this and a wheelchair bound lady who can walk about 80 feet will have her car taken away as she can walk more than 60 feet. The rules are draconian to say the least.

[citizenB]

Ouch, that is not good news at all.

[MadLoopy]

I wrote to Cabot and asked for my CCA with Barclaycard and quoted all the laws to them. It looked like a solictors letter. I told them they had 12 days to answer but I omitted to send the £1 fee. Today I had a reply which says Thankyou for your request etc.Cabot Financail currently doies not have this inofrmation on file. However we have requested the relevant information under section 77 and/or 78 of the Consumer Credit Act 1974 from the original lender.

 

What Happens Next

 

We anticipate that we shall be able to provide this information within 40 days. In the event we are unlikely to obtain the information within those time limits we will write to you again

 

There was no mention of reviewing our arrangement or anything. Is this 40 day rule legal?? What are my options

[citizenB]

Well no it isnt They are obliged to comply within 12 working days plus 2 for posting.

 

40 calendar days is for a Subject Access request.. !!

 

So they obviously dont know what they are doing.

[sickofdebtcollectors]

just like cabot trying t duck and dive

[Old Cogger]

I really am taking premeptive action here. When the new benefit is brought in replacing DLA I am certain I will not qualify. I have reserached this and a wheelchair bound lady who can walk about 80 feet will have her car taken away as she can walk more than 60 feet. The rules are draconian to say the least.

 

 

I have e-mail my MP asking if this is in fact the case? be interesting to see a reply.

[citizenB]

I wrote to Cabot and asked for my CCA with Barclaycard and quoted all the laws to them. It looked like a solictors letter. I told them they had 12 days to answer but I omitted to send the £1 fee. Today I had a reply which says Thankyou for your request etc.Cabot Financail currently doies not have this inofrmation on file. However we have requested the relevant information under section 77 and/or 78 of the Consumer Credit Act 1974 from the original lender.

 

What Happens Next

 

We anticipate that we shall be able to provide this information within 40 days. In the event we are unlikely to obtain the information within those time limits we will write to you again

 

There was no mention of reviewing our arrangement or anything. Is this 40 day rule legal?? What are my options

 

 

I would just continue making the payments as you have done. I suspect the reason they have not mentioned the arrangment further is that you have advised that your circumstances are probably worse so they are keeping quite in case you want to reduce payments to them. Your mobility allowance was not calculated in your figures when you submitted them, was it ?

[wishboneash]

getting calls from cabot under fire recoveries complain to ofcom r about them

[MadLoopy]

[ATTACH=CONFIG]43043[/ATTACH]

 

[ATTACH=CONFIG]43042[/ATTACH]

 

[ATTACH=CONFIG]43041[/ATTACH]Hello Guys.

Cabot took over my Barclaycard debt in Feb 2011 . I already had an agreement with barclaycard to pay £20 permonth in place.

This has been paid on time. Cabot after some nasty threats continued with the agreemnt. In february 2013 they told me the account was up for review. I wrote and tol them they should not have bought an account with an agreemnt in place and requested a copy of the CCA. They said they would write to me in 40 days

 

Today I received a signed copy of my signed application A photocopy of Barclaycard conditions dated 2006 five pages thereof no signature and some duplicate statements. In their covering letter they are telling me they have provided a signed reconsitituted CCA. They can now enforce the agreement want me to contact them and they have welshed on the agreement in place with Barclaycard.

 

I am really unwell at the moment and dont need this for less than five grand.. I am uploading pictures of what I have received.

 

I feel like telling them to go forth stop paying them and letting them do their worst. I just feel so ill with my mdecial conditions I really cant fight any more

[dx100uk]

pdf the images please

 

set your default scan page size to A4 less than 300DPI [150 will do]

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 monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

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

..

 

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.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

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

[MadLoopy]

Hi

Had Barclaycard debt of £5K and agreement to pay £20 per month.

Cabot took it over in 2011.

 

After huffing and puffing agreed to continue £20 per month.

 

I have kept to the agreemnt and paid them £20 per month,

 

This year they wanted to "review" it,.

 

I told them this was a breach of BCOBS and can they send me my CCA.

 

All I got was a bunch of photocopy statements.

Barclaycard Terms & Conditions and A copy of my original signed agreement

This had a barcode stuck on it which I have edited out and my name I have edited out.

 

My daughter says thsi is as good as a CCA and just tell them you will continue with the £20 per month.

I disagree.

It is NOT a signed application form

.not a CCA.

Please help.

[Sidewinder]

Apologies - have had to unapprove your attachment as it contains your postcode and personal bank account details. Remove or obscure those and then re-attach.

 

Might also be helpful if you are able to clean up the image a little as it is hard to make out anything on there. Looks like an Application Form rather than an Agreement itself. When was the account opened?

 

At the end of the day, what you pay Crapbot is up to YOU not them, so don't feel under any pressure to review it - all they are after is commission. You could always review it and decide that actually you can no longer afford £20 a month and reduce it!!

[maroondevo52]

Thread moved.

[MadLoopy]

Sorrty about this. I didnt realise I had left personal details on the item. Just want to know if this application can be enforced as a CCA. MY daughter things it can. I have reuploaded it. Sorry this is as clear as it can be as the item Crapbot sent was very poor reproduction.

[slick132]

Hi ML,

 

The enforceability of the a/c hinges on whether the signed application form contains the Prescribed Terms required by the CCA 1974. These include the APR, warning about it being a credit agreement, cancellation terms, etc.

 

Without these, the application form may not be enough to enable the bank to take, and win, court action for non-payment. However, that would ultimately be down to a judge on the day.

 

The bank or a DCA has every right to review your repayments periodically and there's no compulsion on them to accept £20 a month forever.

 

You should fill in an I&E spreadsheet, work out your disposable income, split it between creditors pro-rata and offer the DCA whatever the answer is, regardless of whether it's more or less than £20 a month.

 

[MadLoopy]

This really was not what I wanted to read. My understanding was that a DCA should not really buy a debt with an agreement in place. My understanding was that under the BCOBS rules that as they had taken this debt over with an agreement in place to review or try to increase it is a breach of those rules.

The application is very blurred by the signature panel it does refer to the Consumer Credit ACT but there is no reference to any interest rates.

In their covering letter Cabot make it clear that they have provdied a CCA bla bla also make it clear they can enforce the debt making references to CCJs Courts etc.

[renegadeimp]

Cabot rarely have the correct paperwork to enforce a debt. Normally they have a few random pages, and try to bluff you into thinking that they have the correct paperwork. Remember, they deal with thousands of debtors, and very very few of them know their rights or what the paperwork should look like.

[slick132]

Hi ML,

 

Sorry if my reply wasn't what you wanted.

 

However, BC had the right to review any reduced repayment agreement after the agreed period was up. They also have the right to sell the a/c if they consider that's their best commercial decision.

 

Certainly, the purchasing DCA should honour any current agreement for reduced or token payments but they also have the right to review the agreement periodically.

 

It sounds like Cabot may not have a credit agreement and that the only document will be the BC Application Form. In which case, you should be able to defend against any court action take by Cabot to enforce the debt via court. However, until that time, they can pursue repayment of the debt.

 

What they say about having provided a credit agreement is wrong. The Application Form is not the right basis for court enforcement action but that may not stop them trying this, to see if they get lucky with a judge who doesn't know their credit legislation too well. Or a judge who feels debts should be paid, regardless of legal technicalities.

 

Whether you pay is up to you but, if you don't, they'll probably continue with their normal collections activity.

 

[MadLoopy]

Hi

 

I have an arrangement with Cabot on an old Barclaycard debt which had an arrangement of £20 per month when the debt was sold to Cabot.

 

I had issues with a review and the long and short of it is that Cabot harassed me

 

1. Did not provide a CCA in the recognized time frame.

 

2. Breached the BCOBs rules

 

3. Provided an application form - a very bad photocopy insisting this was the Credit Agreement. No interest rate no repayment schedule on this form.

 

4. Were rude and unhelpful in their tone of letter.

 

5. Were not treating me in a fair way

 

6. Their answer to my complaint was sidestepping the issues and a letter saying actually they were not subject to any rules and only supervised by the Office of Fair Trading. They insist they are not a DCA

 

A complaint will be submitted to the Ombudsman tomorrow. Crabpot and their ilk should be shut down and it should be unlawful to sell on debt . So I am making like as hard for them as they have made for me.

[alisindebt]

According to the Financial Times, they are a debt collectors company, so why are CrapBot lying?

 

http://www.ft.com/cms/s/0/579dbbe2-bc99-11e2-9519-00144feab7de.html#axzz2X2mLzBtr

[dx100uk]

three thread relating to same debt/card merged

 

always best to keep to one thread

on all issues with the same debt

 

for history of advise

 

dx