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GSMGuy v Barclaycard / Cabot


GSMGuy
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Here's a strange one...

 

My unused Bcard had a balance of a few hundred pounds run up by the now ex wife about 4 years ago..... Anyway, not heard a thing about it for a good couple of years, no statements or requests for payment, since my solicitor wrote to them and advised them to pursue ex wife as she had used the card after we split, and before I cancelled it...

 

 

Anyway.. I think my getting to the court date stage with Barclays over my Wollwich account and sending in a S.A.R - for the Barclaycard has prompted them into action...

 

Basically I got a lettter from Cabot, saying they had bought the debt, and included was I think the same stlye of letter printed on Barclays paper with the same date saying they had sold/assigned the debt to Cabot....

 

Then I received back my SAR.... Or what purported to be the information I had asked for - along with the letter below...

 

I quote...

 

img016su1.th.jpg

 

 

It included a bunch of copy statements back from 2004 until Dec 2006 - None of which I have received....

 

So do I now write back asking for a copy of the CCA and is their argument valid, or am I still entitled to ALL of the info for the £10 I have paid?

 

Also, should I let Barclaycard know that I am looking to query charges on the account, and as such they should recall it from Cabot - TBH Cabot are phoning me 2 or 3 times a day, the first call - he asked me to confirm my name address, and DOB - I refused saying I was not giving any personal info out on a call I had received - he seemed a bit taken aback - he said "if you don't confirm - I can't talk to you" I said "Goodbye" and put the phone down - they still keep ringing though and not leaving messages - surely this is harassment?

 

Mike

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  • 4 weeks later...

Ok, well following the excellent TBern123's thread, have now written back to them reminding them of the recent statements by the information comissioner.....

 

Mike

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As Cabot are now phoning my mobile 2 or 3 times a day, I have done a CCA to them via recorded delivery today - Also CC'd it on email, telling them that any further calls would be considered harrasment - got a reply in less than 5 mins stating they await my original CCA and will now correspond in writing only!

 

Mike

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  • 4 weeks later...

Well, eventually got a letter back from them in response to the CCA - Posted below.. Received an interim letter telling me they were waiting for info from Sharclaycard...

 

img037kl4.jpg

 

Hmm, hello and goodbye letters now????

 

Are they right - Can they get out of this as they are not the originators of, or the original debtors - also can they charge me for wanting to see the deeds of assignment???? And are they saying that they have "won" previous cases that have gotten to court??

 

Heeeelp!!!

 

Mike

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oops, we havnt been ignoring you!

 

The microfiche argument has been overturned, so you can request your SAR again and they have to comply:

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/50148-barclaycard-microfiche-they-wrong.html

 

You should PM a mod about the deed of assignment or perhaps start a thread in http://www.consumeractiongroup.co.uk/forum/general/

 

Name the thread - Urgent help please with DCA - that should get some attention (and put a link to this thread and explain why you are in both!!

 

HTH

  • Haha 1

If you think my advice has been helpful, please click on the scales to the left :) thank you!

 

Non illegitimi carborundum

 

 

I wish I was a glow worm,

A glow worm's never glum!

 

How can you be grumpy,

when the sun shines out yer bum?! :p

 

 

Amex * 2 *** WON *** Settled

Marbles ****WON*** In full settlement

Capital 1 ***WON*** In full settlement

MBNA ***WON**** In full settlement

Barclaycard ***WON*** In full settlement

Barclays Bank - ***WON*** In full settlement

Abbey ***WON*** In full settlement

Abbey (Mrs Chorlton) ***WON*** In full settlement

Abbey (Mr and Mrs C) - MCOL submitted 16/5/07

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Cheers Chorlton, I knew about the microfiche argument and have written back to Barclaycard who confirmed that they would as a gesture of goodwill blah blah, funnily enough, just as I am typing this my OH has just come up the stairs with the post, and a large envelope from Sharclaycard with ALL the statements in it - how weird is that??

 

Anyway It was a CCA that I sent to Cabot, and the above is their reply, so can they use the arguments they have, as a get out to avoid complying with the CCA?

 

Mike

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  • 1 month later...
Cheers Chorlton, I knew about the microfiche argument and have written back to Barclaycard who confirmed that they would as a gesture of goodwill blah blah, funnily enough, just as I am typing this my OH has just come up the stairs with the post, and a large envelope from Sharclaycard with ALL the statements in it - how weird is that??

 

Anyway It was a CCA that I sent to Cabot, and the above is their reply, so can they use the arguments they have, as a get out to avoid complying with the CCA?

 

Mike

 

Mike..Any News.... just seen (for the 1st time) that letter Cabot sent you!! OMG :shock:

Just hate every DCA out there

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Cheers Chorlton, I knew about the microfiche argument and have written back to Barclaycard who confirmed that they would as a gesture of goodwill blah blah, funnily enough, just as I am typing this my OH has just come up the stairs with the post, and a large envelope from Sharclaycard with ALL the statements in it - how weird is that??

 

Anyway It was a CCA that I sent to Cabot, and the above is their reply, so can they use the arguments they have, as a get out to avoid complying with the CCA?

 

Mike

 

 

Hi,

 

 

That letter in reply to your CCA request seems to be the standard reply. I received almost identical letters from 2 CCA requests.

 

Jeff.

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