Seahorse v Cabot

[Seahorse]

Useful as always Richard. The mods should be paying you a consultancy fee.

[Richard Spud]

Regards to All

[Seahorse]

Absolutely unbelievable. I can't see that any solicitor would be so ignorant of the law that they make schoolboy errors such as that? Did they sit at the back of class making paper aeroplanes when the CCA was being discussed?

 

Or are some solicitors happy to lie and cheat their way through life?

[alamand]

Sorry to bother you but i dont know how to start my own thread and i have just recieved my credit agreement from Monument. It is a reply card with my husbands signiture on it. it also says where he signs that he has read condition 22 on the T & C but the seperate t & c's they have sent only goes to 15.14.Can anybody help please. Thanks

[Seahorse]

When you say reply card, do you mean they have just supplied the original application form? That in itself is cause to suspect non compliance with your CCA request. And it's refreshing to see they have supplied part of the T&Cs. But alas, I fear they have forgotten to copy the reverse of that document. Shame really. Silly people.

[andrew1]

Sorry to bother you but i dont know how to start my own thread and i have just recieved my credit agreement from Monument. It is a reply card with my husbands signiture on it. it also says where he signs that he has read condition 22 on the T & C but the seperate t & c's they have sent only goes to 15.14.Can anybody help please. Thanks

 

To start your own thread go back to the main forum introduction page and go down the page until you find Debt Collection Agencies about half way downhttp://www.consumeractiongroup.co.uk/forum/

 

then scroll down and you'll notice a button on the left hand side about an inch long which says ' new thread' press that and it will ask you to name it alamand vs monument or whatever then post your issues and people will come to your aide.

[alamand]

Thanks Andrew. i've now done that.

[alamand]

yes they have sent Reply Card and under CAR it says I am applying for a Providian Credit card

[Richard Spud]

Regards to All

[tbern123]

Excellent link Richard.. it has given me a few things to think about

[Richard Spud]

Regards to All

[louiboy]

Richards this sort of stuff is always interesting.

I'm in court on Friday and the info strengthens my arguments.

 

Thank you.

[lookinforinfo]

Just about all the major financial institutions will have ccjs against their names.

This is often because they [often like us] do not eceive the notification from

the Court that an action is about to be taken. it is a pity too tha Courts take

so much on trust during uncontested Court cases. They do not look into the lawfulness of the claim being made, just accept it carte blanche. I am thinking

of banks in this particular instance where the Courts do not query the fact that a debt may be made up of many charges that are unlawful but still the

judge rubber stamps the ccj.

[Seahorse]

Richards this sort of stuff is always interesting.

I'm in court on Friday and the info strengthens my arguments.

 

Thank you.

 

Damn. I was hoping to join you. I'm on a course all week. ;(

[Seahorse]

Just about all the major financial institutions will have ccjs against their names.

This is often because they [often like us] do not eceive the notification from

the Court that an action is about to be taken. it is a pity too tha Courts take

so much on trust during uncontested Court cases. They do not look into the lawfulness of the claim being made, just accept it carte blanche. I am thinking

of banks in this particular instance where the Courts do not query the fact that a debt may be made up of many charges that are unlawful but still the

judge rubber stamps the ccj.

 

Just proves the point that Joe Public needs to be made more aware of the fact that THEY HAVE RIGHTS.

 

Hence the reason I push this site in as many faces as I can... including a mention in every other post in other forums that I frequent.

 

But really, it all boils down to the fact that some people just don't seem to WANT to help themselves. So bloomin frustrating.

[louiboy]

Damn. I was hoping to join you. I'm on a course all week. ;(

Seahorse it's the end of an 8 month case with a different company.

[Dean.Spencer]

Just subscribing

[Rhia]

Richard's reference is only to one banking group so it's safe to assume that the others will also have CCJs against them. I would be interested to know how may of these have been enforced by the Claimant.

[elizabeth1]

Just subscribing

 

 

Hiya Dean

 

Just thought I'd ask if you are alright ? Is there anything you need help with?

[Seahorse]

YAY. (Oops... Fendy Speak kicking in ) I've just discovered Vista lets me log in to the ship's network, so I can CAG to my heart's content.

 

Unfortunately, the only news I have is, I've a letter waiting at home for me. So I'll just have to be patient for another week or so and see what sh1te he's written this time.

[Seahorse]

OK. Here's me been kicked off the boat for a couple of days while they do some techie stuff for a couple of days. Sooo... I've got hame at lat and got hold of the lastest missive from Cabot. Another new friend; Patrick Hill, Customer Assurance Team Leader. (All grammatical and other faux pas stricktly courtesy of said Mr Hill, or his incompetent secretary.)

 

I write in relation to the aforementioned and your email of 6th April 2007. Please accept my apologies for the delay in replying to you.

 

I regret that you have felt cause to complain to Cabot Financial (Europe) Limited ("Cabot") and aplogise for any inconvenience that you may have suffered in relation to this matter. I am disappointed that Cabot has not been able to satisfy your concerns on previous occasions. Not as disappointed as me, matey boy. However, I shall set out our position in full.That will be a first.

 

You state we have failed to provide evidence to show where you authorised the sharing of your data, as you do not recognise the right of Cabot to process such data. That's because you haven't. And for clarifaication, I actually deny that ANY Company within the Cabot Group of Companies has any right to do so. Just in case you try any trickiness in court with name shifting. We have previously provided you with a copy of the Barclaycard credit agreement that you signed when you applied for the credit card. NO! You Feckin well, HAVEN'T!!! The terms and conditions that you agreed to, Agreed where? Show me, you dimwitted imbecile allowed Barclaycard to process your data. Only your word for that, I'm afraid. Please be aware that following the purchase of your account all such rights were also assigned to the Cabot Financial Group in dealing with your account. I've yet to see evidence of that so far. Please also be advised that when your account was assigned to Cabot Financial (UK) Limited, all personal data relating to your account was passed from the asignor, Barclaycard, to Cabot Financial (Europe) Limited in order to process. Therefore no data was passed to Cabot Financial (UK) Limited to Cabot and as previously re-iterated it is only Cabot that processes personal data. Only CABOT processes personal data? Who? Europe? UK? Cabot Beer Fund Limited?

 

You dispute that the document previously provided for you is actually a copy of the correctly executed agreement, but state that it is merely a copy of an application form. That's because it IS only a copy of an application form. As previously advised it is not our duty to supply a

copy of the credit agreement. Well, give me my £1 back, then. However, you will note from the copy supllied to us by Barclaycard, that your

signature is supported by the statement "This is a Credit Agreement regulated by the Consumer Credit Act 1974. Just because it says so doesn't make it so. Sign it only if you want to be legally bound by its terms." What terms? By signing the document you clearly agreed to be bound by the terms of the agreement and Cabot is able to rely on this. Rely on what???? Terms that you can't show ever existed in the first place???

You comment that it is a requirement for the whole document to be legible how very observant of you and have asked where in the document the terms are covered. I am sorry that we have been unable to provide a clearer copy, however as stated previously you did enter into an agreement with Barclaycard to provide credit well, you'll be able to produce the aforementioed agreement in court then, won't you and you benefited from your use of the card. Barclaycard provided the terms and conditions of the agreement for you at the time you entered into the agreement. Really? Prove it. Furthermore, we have included for your reference the updated terms and conditions, Well, THEY are no use, are they? They didn't exist at the time you say I signed an agreement. Tchh from Barclaycard You shall note that your personal data may be passed to a third party to whom Barclaycard assign any of their rights and/or duties to. And your point is? Until you produce and actual agreement, AND the terms it referred to at the time, this has no relevance whatsoever.

 

You dispute receiving the Notice of Assignment sent on 11th December. Yup. The detailed notes on your account record that a "hello" letter was indeed sent to you on 11th December 2006 as advised on previous occasions. Again, you may say so, but it doesn't mean it happened. These are standard system generated letters and as such, we do not keep copies, just a record of the date it was sent. Oh, dear. I would like to refer you to point 3 of the Additional Information in the notice of assignment where it states that the letter acts as notice of assignment of your account to Cabot Financial (UK) Limited. What, along with the "goodbye" letter, allegedly produced by Barlaycard, and sent by Cabot Financial (Europe) Limited, which looks suspiciously as if they were both produced from the same template system, and from the same printer?

 

You repeat your claim that Cabot should not be processing your data and refer to section 55 of the Data Protection Act 1998. As explained previously, this section relates specifically to the unlawful buying and selling of data without the consent of the data subject. And you haven't yet grasped the point of thos claim? Given that the terms of the original agreement You haven't feckin well GOT the terms that you refer to, so how can you say what they were???? ARRGGHHHH!!!! NUMBSKULLS!!!! have been assigned to Cabot, this does allow us to process your data and therefore any actions relating to the processing of such are not unlawful. Og, God. This is getting tiresome.

 

You had previously indicated in your correspondence, dated 16 February 2007, that you would be prepared to enter into an arrangement to settle the outstanding balance on your account. The LEGITIMATE balance on the account, if such exists. We have clearly stated our position to you

on several occasions, but as yet, you have offered no proposals on this. Regrettably if no arrangement to settle your outstanding balance is forthcoming, we shall have no other option but to return your account to our collections process. OK, see you in court then. You obviously have all the evidence you need.

 

I trust I have clarified our final position with regards to your account.

If you have any other queries in relation to the above account, please do not hesitate to contact me on 01732 775105. The Complaints department is open from 9am to 5pm Monday to Friday.

 

Yours sincerely

Patrick Hill

Customer Assurance Team Leader

[tbern123]

Furthermore, we have included for your reference the updated terms and conditions, from Barclaycard You shall note that your personal data may be passed to a third party to whom Barclaycard assign any of their rights and/or duties to.

 

lol these people are really taking liberties.......

 

There is a very good reason why they have sent you the updated terms and conditions. Sorry Cabot, I just have to burst your bubble and spoil your fun.

 

Attached to this post is an actual copy of Barclaycards, previous terms and conditions.

 

Please note: (half way down the second page)

 

HOW WE USE YOUR INFORMATION

 

We may give information about you and how you manage your

account to the following:

 

Anyone to whom we transfer or may transfer our rights and

duties under this agreement.

 

Oh dear, oh dear, oh dear..

 

The previous terms and conditions say rights and duties... Now, where have I heard that phrase before.

 

Oh yeah silly me, Section 189 of the CCA 1974

 

They just keep setting them up and I keep knocking them down

Barclaycardt&c.pdf

[debt_mountain]

OK. Here's me been kicked off the boat for a couple of days while they do some techie stuff for a couple of days. Sooo... I've got hame at lat and got hold of the lastest missive from Cabot. Another new friend; Patrick Hill, Customer Assurance Team Leader. (All grammatical and other faux pas stricktly courtesy of said Mr Hill, or his incompetent secretary.)

What can I say. The typical we are right you are wrong but we have no proof of this but we still aint going to do bog all about it...nice to have you home captain.

[Jeff2000]

Don't you just love it!!!?

 

 

Jeff.

[make them aktiv runners]

I said I would not post but just this once I will. Duties did transfer. CCA was not re-writing LoP, it was simply regulating those rights & duties that had caused courts no end of problems.