Lowell and Cabot

[NailPost]

Send both Cabot and Lowell a one paragraph note stating that all further letters from them regarding this matter will be ignored as they are in default of their statutory obligations.

 

Preface this paragraph with a comment that identifies you with the matter in question and put in a line that states clearly you do not acknowledge any debt to them or any compnay they may claim to represent.

 

I would be tempted not to put a stamp on the letters but then again that might be churlish and stooping to their level of incompetance.

[skintandbroke]

OK.

Thanks for the mixed messages!!!!

 

I would like to contact Cabot to say that i'm aware that they can't chase this anymore, and that i want them to leave me alone, so i will write them a short letter stating this.

 

I will also write to the OFT on principle. I'm aware that the letter to them might be ignored, but at least i will have done my bit. Could we not do a petition or something about these companies to the OFT?

 

I haven't heard a thing from Lowell at all since i wrote to them saying that i don't acknowledge any debt - so should i send the letter to them too or is that digging up old ground, or do you think they;re just sitting and waiting for me to think it's all over????

 

I'd like them to know that i want them to write to me and say they won't be chasing me anymore.

 

Do you reckon people from Cabot read these forums and tictac our tactics?

 

PS i will stamp the letter, although i don't really want to!!!

[NailPost]

Check what I said about writing to your MP and insisting on a response. While OFT woll just ignore you they HAVE to reply to MPs.

[demon_x_slash]

And the whole point of my pushing the debt collection guidance notes on everyone (sorry people! ) is that every complaint counts. The OFT won't heave itself out of its pram for the odd dribble here and there, but if everyone on here complained to them every time a DCA contravenes the guidelines, they'd have to sit up and take notice.

[skintandbroke]

Hi

I've sent a letter to ' Cabot Financial Holdings Group Limited and their subsidiary and Associcated companies within that group, including but not restricted to Cabot Financial (Europe)Limited and Kingshill No1 Limited' to say that i will ignore all their letters because they are in default of their statutory obligations etc etc. I've said i don;t know who they are or eacknowledge a debt to them, and they haven't provided me with this information when requested so i can do anything more about it etc etc

 

I have also informed them that i will be reporting them to the OFT, MP and FT - I have a draft letter ready, just need to make some final amendments and check information is 100% right before i send it. ( I know a few of you said they wouldn't care - so even if they don't care, they know i'm doing it).

 

I hope i haven't done the wrong thing here, i thought about it rationally, and i hope that this will lead to the end result of them leaving me alone. I can't see how they can continue when all evidence now shows that they have defaulted and the problem is now theirs and not mine.

 

Fingers crossed for me.

 

I'll keep you posted.

 

Cheers

[skintandbroke]

Hi

I'm really sorry folks but i haven't complained to the OFT yet. My system has gone loopy and I can't find my draft letter (but i don't think it was very good anyway!) - does anyone have one or know of a template which I could use to send to the OFT/MP etc please? I don't really know how to word my complaint without going round the houses or sounding like a dimwit!:o

 

I did send a letter to Cabot and so far I haven't received anything back from them. (I'm predicting that the day I'm satisfied that this is over, that a nasty letter or worse will land on my doorstep!). I don't think its fair of me to tell them that i've filed a complaint when I've not YET!

 

I still haven't heard a thing from Lowell, about their alleged debt, since writing to them with an SAR in Nov/Dec last year.

 

Thanks

[JonCris]

Oh and Providian are a doorstep lender, they're behind the Vanquis (40% interest credit card) and the wonderful and defunct Yes Car Credit. They're an enormous company with an interesting ethos.

 

Yes In the states they 'lost' payments allowing them to add penalty charges. A DA in their home town threatened to arrest their CEO.

[skintandbroke]

Hi JonCris

 

Thanks for that information, they're really scary in their tactics to get moeny aren't they!

 

I've started a thread in the car finances section - called Yes-Manches about this situation. I was advised to go on www.saynotoyes.co.uk, and have been given some really useful advice from there. I'm using the same name skintandbroke, but two situations are possible - the one that I want the most is that I'm able to claim over 3k back from them. Read my posts on there.

 

I'd advise anyone to look at www.saynotoyes.co.uk if they've got problems.

 

Cheers

Skinty

[maybelline]

does anyone know who Lowell Portfolio 1 Limited are? rec'd a threat of a CCCJ in court in 3 days this morning. I am sure I recently wrote to Capitol One but had no reply to my CCA request and it could be this.

sent a CCA request, reply from Lowell was we have to ask Capital One for the info, lette from Capital state they have sold the account to Lowell Group and they will be in touch.

[andrew1]

Lowell have committed an offence if they bought the debt and had no paperwork. They cannot chase your for money without proof you owe them any otherwise I could write to you and ask for money, but you won't pay me will you? If they don't come up with ALL the right paperwork in the time frame, then ask them for any money you have paid them back.

[skintandbroke]

Hello.

I've got good news and bad news.....

 

The good news: Lowell removed Default off my partners Experian credit report after one letter to them!

 

The bad news.......

 

After checking my partners credit report we discovered that Cabot/Kingshill had placed TWO defaults on his record. We had in the past written to them about one, but were completely unaware about there being another on there until we checked. I wrote to them stating how surprised I was that there were TWO as we were trying to receive information on one and didn't know there was another on there.

 

About 2 weeks ago I wrote to Kingshill / Cabot and all their other trading names and asked them to remove the defaults from the account. I had written to them on the 21st November 2006 with an SAR and received this response:

 

"28th November 2006

 

We have today contacted Providan National Bank to investigate your query, and hope to resolve this matter swiftly.

Although we anticipate a reply within the next 21 days, it can take up to 8 weeks if the information we require has been archived, and we therefore request your understanding in this matter."

 

I wrote back to them after the 8 weeks had passed and informed them that as they hadn't responded to me with the information, they have committed an offence and would have to go through a judge to pursue this debt - and then i heard nothing until I asked them to remove the default. Also, we don't know anything about Providan National Bank.

 

The letter i received today says:

"18th April 2007

We can confirm that we have two accounts in your name. The above account is a ****Store Card and we wrote to you on the 24th July 2006. They did -wanting our address history since Jan 2000. We enclose a further copy of this letter for your information. They have - with the 18th April 2007 typed and crossed out and 24 Jul 2006 scribbled in pen instead. We can also confirm that today we have requested a copy of the application form for this account. Shouldn't thay have done this when i asked for an SAR back in November?

 

The other account, ref*****, is a Providan Credit Card. We have no record of any SAR. No - because we didn't know this debt exisited or was on the credit record! However, you did write to us on the 21st November asking us for a copy of the application form and statements. Yes - i wrote to them about the other account because we didn't know this one existed! These were ordered and a holding letter sent to you on the 28th November 2006. Yes - one that stated 8 weeks, not 5 months! We have received a copy of the application form and we enclose a copy for your information."

 

So, the application form does have my partners signature on, and is dated 9th March 2000. But that's all there is - no statements etc, so all they can prove right now is that an account was opened with providan, but we have no proof of any debt.

 

What can i do now please? Is it fair that they take 5 months to respond to something which they really only have 42 days to do? Shall i write to them and ask for statements ?

 

The first account that they refer to they said is a store card that they say was last paid in December 2000 but they said it was used again in July 2004. Why would a company allow you to use a card 4 years after it was last used/paid?

 

I'm happy enough to go through the proceedings again asking for statements etc, but why should I when they should have this infomation ready when they are sending the nasty letters.

 

When does the 6 year rule apply from in relation to these accounts?

The first was defaulted on 26th November 2001 and the other 29th June 2001.

 

Any help is much appreciated.

[JonCris]

Just to mention that Providan Nation Bank which targets C & B consumers was threatened with prosecution & the CEO imprisoment by the DA in it's home state when it was discovered that they where alledegly 'losing' payments in order to apply penalty charges.......Nice folk

[tbern123]

When does the 6 year rule apply from in relation to these accounts?

The first was defaulted on 26th November 2001 and the other 29th June 2001.

 

Any help is much appreciated.

 

If no payments or acknowledgment of the debt has taken place since default, it is six years from the date of the default. Otherwise it is from when the last payment was made.

[skintandbroke]

Thanks,

So effectively the defaults should be removed as we have never acknowledged these debts, and according to them the last payment for one was made in December 2000.

Is there an easy place to find leislation info on this so i can quote it to them in my letter?

Cheers

[tbern123]

There is the statue of limitations 1980.

 

But you could just check your credit file. Neither default should still be there

[skintandbroke]

I've emailed Experian to see what they can do for me.

I would still apprciate some help on my queries with the Cabot letter though - see post #61 please.

 

Thanks for your help tbern, i've added it to my draft letter to Cabot.

[skintandbroke]

Hi

I wrote to Cabot last week saying that one of the debts they are chasing is statute barred because this runs from the date of the last payment, which was dec 00, but they are saying that statute barred runs from the date of default which was Nov 01.

Who is correct - if any?

[louiboy]

Not Cabot!

There's Scots Law, English Law, Civil Law, Criminal Law, Murphys Law? but no such thing as Cabot Law. At least not outside the county of West Malling.

 

Statute barred is from last payment or written acknowledgement by you.

[skintandbroke]

Thank you thank you thank you

I hope that Emma Robertson reads this site because she might learn something new.

Cheers.