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Seahorse

Seahorse v Cabot

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Story starts with Cabot phoning me yesterday to confirm "security details", ie Nmae, DOB, address, then put on hold to wait for an advisor. Eventually got fed up waiting, put the phone down, and did a Google for Cabot... loads of posts regarding this company, so I'm planning to fight whatever it is they are after.

 

Phoned again tonight by Scott from Cabot. Told him not to contact me by phone again, and communicate further by letter only. Maybe then I'll find out what this is all about, although I suspect it's an old Barclaycard account that I'm also planning to chase regarding unlawful charges. Can't think of anything else it's likely to be.

 

Just need to wait for their first letter so I can start contesting their so-called claim. Thank goodness for all the info here on this site. Time to start working out a strategy from the FAQ's, posts etc.

 

More as/when/if.

 

Seahorse

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hello!

 

some questions.

 

how old is the debt?

how much is it for? how much of the amount is made up of unlawful charges?

have you ever acknowledged the debt in writing?

when did you last make payment?

 

cheers!

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If it is Barclaycard, it's from about 10 years ago, and indeed I did get into diffs with them then. I need to investigate further exactly what's what, but it would have helped if Cabot had written first rather than phoning up out of the blue. Early doors yet, but if I can find out exactly what and if I do still owe anything on the account, then at least I'll know where i stand. Until then, they can take a hike.

 

Seahorse

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Hello Seahorse..

 

Welcome to CAG and the Cabot Fan Club..... I would highly recommend you read the other Cabot threads.... then you will get a better understanding of how these guys work


Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

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If it is Barclaycard, it's from about 10 years ago, and indeed I did get into diffs with them then. I need to investigate further exactly what's what, but it would have helped if Cabot had written first rather than phoning up out of the blue. Early doors yet, but if I can find out exactly what and if I do still owe anything on the account, then at least I'll know where i stand. Until then, they can take a hike.

 

Seahorse

 

thanks!

 

firstly, if you have not made a payment or acknowledged the debt in 6 years it will be statute barred under the limitation act 1980. the onus would be on them to prove to you that the debt ISN'T statute barred. you can send them the following letter.

 

 

 

1 High Street,

Newtown,

Kent

R21 4RH

 

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

WITHOUT PREJUDICE

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

Mr A N Other

this should get them off your back!

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If the account is more than six years old you won't be able to chase the illegal bank charges either. But being statute barred, while the debt is still to be paid, it cannot be enforced by any means and by now will have fallen off your credit record.

 

If Cabot have reinstated the default then it is time to sharpen the knives out and write and tell them to remove it. If they refuse, or more likely ignore your demand, tell them you have already reported their transgression to the Info Commissioner and will start legal action to force its removal. In that event they will pay costs and may have to pay damages.

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Cabot rang my work phone a few days ago. Hadn't heard from them for about a year before that. I suspect they have discovered I have got a new job and might be thinking about blackmailing me with a CCJ threat as a CCJ in my line of work could be problematic. Seahorse - did they ring you at home or at work?


"Why CCJ when you can CCA!"

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OK, I've had a letter from them finally, and I suppose the delay (it is dated 22/12/06) could be blamed on the Christmas post. Originator is indeed Barclaycard, and I've quizzed the missus, who deals with all things financial in our house, who tells me we were paying a crowd called Mercers £50 a month to clear the Barclaycard thing up, up until about a year ago, never to have seen the balance ever reduce. She just stopped paying up to see what would happen, and I guess Cabot is what happened. Seems to me I must have paid back more than enough at that rate over the years to clear the outstanding default which she says was about 2.5K

 

Anyway, back to the Cabot letter, which was as a result of me telling them not to phone me again. Here's what they say. . .

 

"Whereas we much prefer to discuss matters, [/i] we will accommodate your request, provided that you diligently cooperate with us.

 

If you do not, we will revert to telephoning any number that is available to us. "

 

[/i]Some nonsense next about completing a budget plan to see how much to pay them, then. . .

 

"We do not wish to sound harsh, but if we do not hear from you within 10 days, our telephone procedure will be recommenced."

 

Hmmm.

 

Seahorse

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Cabot rang my work phone a few days ago. Hadn't heard from them for about a year before that. I suspect they have discovered I have got a new job and might be thinking about blackmailing me with a CCJ threat as a CCJ in my line of work could be problematic. Seahorse - did they ring you at home or at work?

 

Rang me at home. I suspect they don't have my new work number, and I just get called out from home anyway, so there's no point trying to get hold of me in the office as I'm never there anyway. Early days yet, but I'll just have to be firm from the start about no telephone contact. I'm at sea half the year as well, so I can see this dragging on a while.

 

Seahorse

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If you have written them telling Cabot (or whoever) not to contact you by phone then they must comply. The letter you ahve received which suggests they are doing you a favour and that they will not call only if you co-operate is nonsense.

 

keep that letter safe and keep a log of any calls from Cabot. If they do call refer to the letter only nature of your discussions and that you are terminating the call. Try and get the name of the monkey on the other end of the line, and ask if the call is being recorded.

 

If they continue to harrass you on the phone write to them (by recorded delivery) stating if one more call is received you will report them to the authorities for harrassment.

 

And if they do call after that then report them

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OK, i've just got my online credite report from Experian. Makes rather interesting reading from a totally different point of view... It lists people I've never even heard of. Suggest EVERYONE gets hold of theirs. I'm now going to have to try to get these associations removed. But that's for another thread.

 

Anyway, turns out Barclaycard have registered me as defaulting on January 2006. No mention of Cabot who, as it is supposedly now their debt since they bought it from Barclaycard, should be listed? And Barclaycard should surely have marked my file as satisfied?

 

First mention from Barclaycard appears to be in Feb 2002 (about right as I was off work ill for several months around then). However, as all dealings from then I think were with Mercers, I've had no statements of account since way back.

 

So do I deal solely with Cabot now? Or should I still try chasing up Barclaycard, who have apparently sold the debt on?

 

Seahorse

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You should have received a letter from both Barclaycard informing you they had sold the debt on and a separate letter from Cabot welcoming you into their clutches. This is known as the deed of assignment. A debt that is not properly assigned doesn't exist and need not be paid.

 

If there are certain matters that need explaining I would write first of all to B'card and insist on an explanation. Bear in mind that B'card a and Mercers are the same company.

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Just knocked up a quick angrygram to Cabot, and letting them know I will be writing to Barclaycard. The missus has dug out a default notice from Mercers from way back in January last year. The outstanding balance was just over 2K, which is roughly what it was way back at the start.

 

Bearing in mind that Barclaycard originally sent me an invitation to take on a pre-approved credit card at a time when I was going through several redundancies and had a terrible credit rating and grabbed this "lifeline" with both hands, and then they got all upset when I fell ill and couldn't keep up repayments, and you'll maybe understand why I'm a little peeved with them. Especially when it would appear now that despite passing the account on to Mercers (yes, I know, Barclaycard too) Debt Collection Agency, they merely kept taking my 50 quid every month without suspending the interest, so the debt never got settled. :mad:

 

Anyway, time to bang off a letter to Barclaycard. Maybe that will calm me down.

 

Seahorse

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Hello Seahorse...

 

If I was you I would CCA Cabot....

 

This is were it gets confusing.... Cabot Financial (Europe) Limited DO NOT buy debts. You will find following the CCA request that the debt has been assigned to a company called Kings Hill No1 Limited.

 

I would not waste your time with Barclaycard, from a business point of view they don't care about you and your debt. As this has been sold to Kings Hill, even if you repaid it in full Barclaycard would not recieve a single penny.

 

I have been dealing with Cabot and Kingshill partly in relation to an alleged Barclaycard debt. Following my CCA request I discovered that the agreement was not signed by Barclaycard, thsi it was not properly executed and unenforcable. I have just start legal proceedings against Kings Hill, in relation to the way they have behaved regarding another matter.

 

As for the phone calls... Strange response from them since they are fully aware of the legal position. I would keep that letter in a very safe place. If you read my Cabot phone call thread, it only took one email for them to stop.. Suggest you send it to kmaynard@cabotfinancial.com (he is in charge of Cabot & Kings Hill)


Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

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Hmmm confusing indeed. I have just had a look at Cabot's website, where they state that they DO buy your debt. I can see this all doing my head in. So all in all, Cabot/Kings Hill DO own my debt. I assume this means that my credit record should show the Barclaycard debt as Satisfied? In any event, I'll need to CCA Cabot then, although I'll post my sh1ttygram to them seperately, as I need to get it into their thick heads that they will NOT phone my house again.

 

Seahorse

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Using my credit file as an exampl;e, the alleged barclaycard debt. The default has been registered by Kingsd Hill, Cabot are their self appointed agents... when truth they are one in the same


Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

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My default is registered by Barclaycard. So I guess I'll just have to be patient, see what the CCA request brings up, and take things from there one step at a time. Oh well, it will be good practice for when I take on the RBoS to claim back my charges. :p

 

Seahorse

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Just phoned Barclaycard's legal department. The debt was apparently bought by Cabot on the 23rd November 2006, so at least that's clearer then. What isn't clear is why neither Barclaycard nor Cabot bothered their backside to write to let me know. ALTHOUGH Mr Barclaycard did say that usual practice is for Cabot to issue letters from both BC AND Cabot. If Cabot have nothing to do with BC other than buying debts from them, why the HELL do they send letters on behalf of BC???? Or not, in this case. This just keeps getting very confusing .:confused:

 

Anyway, just posted this today, recorded delivery with my £1 PO. . .

 

Peter Anderson

Customer Liaison Manager

Cabot Financial (Europe) Limited

PO Box No. 241

Kent ME19 4NA

Dear Mr Anderson,

Re: Cabot Ref No. xxxxxxx

Further to your letter dated 22 December 2006, please be aware that I do not acknowledge any debt to your company, and therefore require you to supply the following documentation before I will correspond further.

 

Firstly, you must supply me with a true copy of the agreement you refer to in this matter. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974 - your obligation also extends to providing statements of account.

 

I enclose a £1.00 postal order in payment of the statutory fee for the account as above, Postal Order No. 1016484540. Take note that this payment is NOT intended as acknowledgement of any debt, nor is it to be used as payment in respect of any alleged debt. It is SOLELY a statutory fee in respect of this request.

 

I also require that you supply signed true copies of the Deed of Assignment of the above referenced agreement.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. I am now initiating investigations with Barclaycard into the validity of the original amount that was claimed to be owed, and may be in contact with you again in due course regarding this. In the meantime please be aware that I consider this matter to be “in dispute”. Further I require you to remove this claim from any credit reference agencies forthwith or I will consider it to be harassment.

 

Yours faithfully,

 

Seahorse

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CCA request delivered Monday according to Trackback. Just need to see what reply I get back.

 

Seahorse

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Oooohhhh, this is frustrating being away from home for so long. Missus informs me Cabot has replied with their usual guff - thank you for your payment etc. Despite my letter (see earlier in this thread), they seem to think I'm making an initial payment of a whole quid!!! HAHAHAHAHAHA.

 

Well, by the time I get home, their time will be well and truly up, so they don't really have a leg to stand on. Doesn't look as if they're going to be able to produce what I've asked for, so that's their hard luck. Just Barclaycard to concentrate on while Cabot beat their collective heads against a brick wall. :D

 

Seahorse

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Well, what a pleasant surprise!!! I ordered my online credit report from Experian at the start of January which showed a default registered by Barclaycard in early 2006. However, there were several incorrect entries, which I asked Experian to remove. They did very promptly, and even let me have a complimentary new report. Which shows NO MENTION AT ALL OF BARCLAYCARD. And NO default by Cabot/Kings Hill. Is now a good time to buy a new car? Cos the rest of my report is clean as a whistle. ;)

 

But, is this usual, does anyone know? And can I expect Cabot/KH to eventually register a default? I thought that BC usually just marked it as satisfied as it was bought by Cabot? Hmm.

 

My main concern with Barclaycard had been to chase them for unlawful charges and find out if I did indeed owe them anything, and try to get them to amend my default entry in some way, but it looks like I won't need to bother now. The only reason I can see me needing to question the account now is if Cabot somehow manage to produce evidence of the original debt. Which so far they have failed to do. So basically, I'm just going to ignore Cabot until they try it on... and see if they have the balls to take me to court for a disputed debt which they can't so far prove, and even if they do in the future, will need to explain to the judge why they chose to misinterpret my CCA request.

 

HOHOHO!!!! :lol:

 

Seahorse

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Barclaycard should have removed that info when they sold the debt that's why it went. If you have been paying £50 a month for ten years that's 6 grand against a debt of £2.5k. You should SAR Barclaycard and claim all of it back as it seems to have all been consumed by unlawful charges. Use this money to pay for the car:grin: Unfortunately Cabot will probably register the default but if they don't comply with the CCA you can force them to remove it.


"Why CCJ when you can CCA!"

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Hmm, yes I guess BC's charges would more than cover what I originally owed them, even accounting for their normal interest rate. Right, I'll still go for BC when I get home.

 

OT here - I've also been trying to obtain my online report from Credit Expert/Experian ( it was actually EQUIFAX who amended my report for me. Sorry Equifax ), but their site keeps telling me their sytem is temporarily unavailable... for a week so far. Has anyone else had a problem with trying to get their from them? I have emailed them to ask when their site will be fixed, and had the standard "we'll get back to you within 8 days" answer, but considering I had to pay £5.99 and that's only for a month, I'm a bit miffed. I'm in the States just now, so getting it by post is not currently an option.

 

Seahorse

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