What's A Mook? Vs Cabot Financial.

[whats a mook?]

Hello,

 

Cabot have been pestering me on and off for about some years regarding a debt allegedly owed to Barclaycard. The debt was not an accurate amount as it had become ridiculously inflated due to unreasonable charges and interest. In my naivity, I have paid back some of the debt in dribs and drabs, but still owe approx x amount

 

A few months ago they pulled out the big guns and sent me a cocky letter threatening all sorts to which I ignored.

 

In January, I received a yellow (s h i t the bed!) 'formal demand for payment' letter from a firm called Robinson, Way & Company, which explained 'Our client has authorised us to recover the full amount within 10 days yadda yadda yadda.

 

I replied to this company by registered mail using the cca template letter enclosing a £1 postal order. They replied straight away saying 'we acknowledge with thanks of your payment of £1.00 but we cannot at this stage accept repayment by such a small amount....

Please make full mayment' blah blah blah THEN they say 'in exceptional circumstances we may agree repayment by instalments...'

 

What I'd like to know is...

 

Has Robinson Way brought the debt from Cabot? Or are they just working together?

 

Thanks to all of whom have written on this forum abnd shared their stories with similar companies.

 

Any input r.e what I should do next is greatly appreciated

Edited July 8, 2008 by whats a mook?

[Seminole]

Cabot seem to farm out their tougher debts to organisations with even fewer scruples than themselves. It's much more likely that Robinson Way are acting as agents rather than they have purchased the debt.

 

RW's response to your CCA letter doesn't matter. The clock started ticking the moment they received your letter.

[tifo]

I would say they are only chasing the debt on their behalf.

 

interestingly, Robinson, Way & Company ltd are not registered with the information commissioners office as a data protection controller (i just checked again). You can check yourself here

Information Commissioners - Data Protection Public Register

 

but, they seem to be part of London Scottish Bank plc who are registered. this is them at Companies House

WebCHeck - Select and Access Company Information

 

however, as they are a separate Ltd company they would need to also register as a data controller.

 

this means they have no right using your personal information and Cabot are also 'in league' by passing on your info without asking you and also to someone who is not registered. This is a very serious issue for them.

 

seek more advice from the forum but you can screw them a bit by using the data protection act, as well as Cabot.

[whats a mook?]

That's shocking! Thankyou for going to that trouble. In the meantime, I'll watch this thread to weigh up my options and devise a battle plan.

[tifo]

yes, i had a brush with Robinson Way a few years ago.

 

wish i'd known all i know now, i would have really shafted them.

 

but, that saying, since the offence was committed even then i may now chase it up.

[whats a mook?]

Trading standards advised me to write to RW and inform them that they havent used the £1 postal order for the purpose it was intended, and to ask them to fulfil my original request.

 

Is there a template that refers to the revelent laws that I can copy and send to RW requesting my CCA?(or would anyone advise against chasing it before the 12 days?)

 

Info commisioners advised me to write to Cbot making a formal complaint &copy hem with original letter for them to investigate r.e sharing my information illegally.

 

At this stage I don't even know who is in breach of what!?

 

Thanks people.

[tamadus]

Trading standards advised me to write to RW and inform them that they havent used the £1 postal order for the purpose it was intended, and to ask them to fulfil my original request.

 

Is there a template that refers to the revelent laws that I can copy and send to RW requesting my CCA?(or would anyone advise against chasing it before the 12 days?)

 

Info commisioners advised me to write to Cbot making a formal complaint &copy hem with original letter for them to investigate r.e sharing my information illegally.

 

At this stage I don't even know who is in breach of what!?

 

Thanks people.

 

If you used the CCA sec77-79 request letter thats on site then it quotes the relevant parts of the CCA that your making the request under. The simple rul eis they have 12 days from receipt then 1 month after which they commit an offence. I see no reason to write to them again immediately. It's not your place to teach them how to read.

 

I'd sit back and wait now, if they don't comply then they are going to need a court order to enforce it.

[whats a mook?]

I believe I did, it's stored on another pc but if it helps, I used the section with a list of templates labeled alphabetically. Mine was 'N'.

[Laiste]

Hi What's a Mook,

 

From what you have explained I think it would be prudent to send a SAR to Barclaycard, to obtain copies of all the statements for the lifetime of the a/c. Additionally, I would ask for copies of all the notes that have been put on your a/c, held either manually or on computer. You may be able to find defamatory comments in amongst the details. People that work at these companies are careless and do not realise the possible ramifications of written comments. I would also ask for details of all calls made to your home/work telephone numbers from their collections dept, or any other dept involved in the recovery of the debt. I believe it is Mercers that are their in house collections people. Ask for transcripts of how often and times you were called from which numbers. Make sure to get all notes logged by the collections dept also, either manually or held on their systems. This is to build a case of harassment against Barclaycard.

 

Keep all letters from DCA's and log all calls. It is worthwhile buying recording equipment to build your case against these parasites also. I personally don't concern myself with threatening calls and letters, as the way I see it is, the more they try(being the operative word) bully and harass me, the better the case I can put before the Court! That said, I do appreciate that my way of doing things isn't for everyone and you have to do what you are comfortable with. I cannot stress the point strenously enough though that you must log everything! If you go to Court to seek compensation for bullying and harassment a Judge will require proof, you need to back up everything you assert.

 

It is a standard response from DCA's to state that they are using the £1.00 for the CCA request as part pmt. They think by doing this it will prompt you to telephone them. It is not incumbent upon you to point out what the pmt was for, it's perfectly clear from the letter! I'm surprised that TS recommended that you write to the DCA! Absolute nonsense! There is no need whatsoever to write to the morons, they have your request, whether or not they choose to comply is upto them. Just look at it this way, every time they cock up, they dig themselves a bigger hole!

 

The day they received the letter is when you start counting the 12 working days from. If they fail to furnish the agreement in that time they are in default. They cannot lawfully collect the debt during whatever period of time the agreement has not been provided. So if you decided to stop making payments, that is your legal right to do so. If after one calender month no document is forthcoming they have committed a criminal offence. You should not under any circumstances contact them during this time with reminders and the like. With LTSB I sent a CCA request 7mnths ago and left the matter. I did not contact them after the time limits had expired, I wanted to see what would happen. Bear in mind the a/c had not been paid for a few mnths prior to me sending the CCA request and was not paid at any point subsequent to the request. 4 or 5 DCA's have chased me on this issue whilst the matter was in dispute, sending stroppy letters and telephoning. I have quite a dossier now of unlawful and illegal conduct that all these companies have engaged in and LTSB have sanctioned it! That's why I believe it is better to sit back and let these idiots hang themselves! I am going to have a field day with these companies, little do they know! So bide your time is my advice!

 

I am not sure if Robinson Way and Cabot have links, I'm sure somebody more knowledgeable will advise. What I can say is, in my experience when you start making CCA requests the debt is farmed out to another company. They don't want to deal with people that are hard work and that may know the law, they want easy targets they can intimidate and get money out of easily.

 

Arm yourself with all the info you can, firstly with a SAR from B/card and read around the forum to get details of all the offences that the DCA's and even B/card have committed. Of course don't forget penalty charges and interest charged on them, lack of, or an innacurate default notice, these are just some examples of the sorts of things to put in a Court claim. Build a case for yourself around these sorts of issues and you really will have them worried!

 

Sorry this post is so long, still I hope it is useful for you!

 

Regards,

 

Laiste.

[whats a mook?]

Thanks for going to so much trouble and constructing a thorough reply.

I will bear all of that info in mind.

 

Hopefully people searching 'Cabot' on Google will find this and similar threads.

 

I never thought dealing with a D.C.A could be so enjoyable!

 

I'll post back with any news.

 

Thanks again to all people who took time to advise.

[tifo]

I am not sure if Robinson Way and Cabot have links, I'm sure somebody more knowledgeable will advise.

 

Robinson Way seems to be part of London Scottish plc (look at the co. at companies house above).

 

They are not registered as data processors.

[Laiste]

Hi What's a Mook,

 

You're more than welcome! A problem shared and all that....!

 

You can have some great fun with DCA's, if you have a bit of a sadistic streak like me! The ones that I have dealt with don't seem to like me at all! Lets just say I have had a lot laughs at their expense!

 

I refuse to be intimidated, threatened or belittled by anyone, especially pathetic DCA's! In my experience they all make nothing more than vacuous threats! There are some that will take you to Court, I have one that has bought a debt from B/card incidentally and has just started proceedings against me. That's absolutely fine, I am ready for the fight and to argue my case in Court! I suppose what I'm saying is, gather all the evidence together that you can so that you are ready to either bring, or defend yourself in a case. You have to be prepared to stand upto these morons, fighting back is the only language they understand.

 

Question(by research or on here)the legal basis of everything they do or threaten, so that you can use their words and/or actions against them. Do not accept EVER what they say as being the truth, they don't understand the meaning of the word. The more you read and learn about the law, the better equipped you are to recognise what is lawful and what isn't. These companies can only have an influence on people if they are prepared to believe what they are told. The more you understand the unlawful/illegal behaviour that they engage in, you quickly realise that their threats are empty, by and large and treat them with the contempt they deserve! Better still sue the ba****ds! I intend to!

 

Good info from Tifo, another angle to pursue them on!

 

Laiste.

[whats a mook?]

Good morning ladies and gents,

 

I have now received a forwarded letter dated 31/01 from RW saying;

 

"Further to your request for us to supply you with a copy of your statement (i asked for the cca not a statement?!), our clients have confirmed that there have been several payments from yourself dated from 2003-2005. Unfortunately we are unable to supply you with statements due to the age of the debt, but as you made payments on the account you would be fully aware of your obligations to our clients, the balance above needs to be paid immediately."

 

Not only is this letter poorly constructed but it would appear they are talking pants and acting a bit illegally?!?

 

Why are they confusing a CCA with statements?

 

It appears they are just pretending to have misinterpreted my CCA letter?

 

Please could anyone give me their take on it?

 

I presume I should just ignore it and keep clock watching? They have already defaulted and it's almost a week into the calender month.

 

Many thanks

[Seminole]

As you suspect they're trying to fob you off. They're under an obligation to supply you with the signed agreement. If they faile to do so they have an unenforceable agreement period.

[whats a mook?]

[tamadus]

yep exactly what I was going ot say, sit back and watch TV or whatever until their month is up then hit them with a ' you are in serious default' type letter

 

I'm about to write a CCA request to them myself

[whats a mook?]

Ok chaps, will do.

 

Can I just check I'm sending the S.A.R request for Barclaycard to the right adress?

 

(taken from info comm register)

 

Information Commissioners - Data Protection Public Register

 

 

Registration Number: Z6766887

Date Registered: 21 May 2002 Registration Expires: 20 May 2007

 

Data Controller: BARCLAYCARD XANSA PARTNERSHIP LTD

 

 

Address:

420 THAMES VALLEY PARK DRIVE

 

THAMES VALLEY PARK

 

READING

 

RG6 1PU

 

-----

 

cheers.

[whats a mook?]

Quick update.

 

I received my credit report from Experian today.

 

Kings Hill(No1) Limited is the only entry.

 

There are 11 days left until the calendar month is up.

 

Do I need to write to contest this entry?

 

Any thoughts anyone?

 

Thanks

[Rhia]

Don't know if you've been following the other Cabot threads but suggest Tbern's Cabot Urgent Help and Seahorses as King's Hill No 1 Ltd is a Cabot related company BUT it became a dormant company on January 15th -same day as the new fraud act came into action (coincidentally). You need to SAR Barclays (which you have done for £10) then CCA King's Hill No 1 with £1 - although you won't get an answer from them.

[whats a mook?]

Thanks Rhia, I have been following the whole tbern Cabot saga and various others, so much so infact that my head is spinning.

I've digested so much info that I've got to the stage where I go cross-eyed when I read the C word.

[Seahorse]

Hi WAM. Got your PM and your thread has prompted me to go and check something out - Good Old Kings Hill aka Cabot Financial (UK) Limited has NOT amended their details in the Data Protection Public Register. I'm not at all sure if it's significant, so I'm going to ring the ICO on Monday for clarification. I do hope they are acting illegally.

 

Apart from that, you seem to have everything under control and have some good advice here. I'll be watching as I'm keen to see how Barclaycard react to your SAR. I've just sent mine off, so we're at about the same point in the proceedings. I sent mine to a different address, but from what I've read elsewhere, they all end up at the correct place anyway.

 

Good Luck. Not that you need it. Just patience and persistence.

 

Seahorse

[InKogneeToh]

Robinson Way seems to be part of London Scottish plc (look at the co. at companies house above).

 

They are not registered as data processors.

 

Hi all

 

Sorry to be the bearer of bad news but Robinson Way are registered with the ICO. You have to search for Robinson, Way and company:

 

Registration Number: Z5395514

Date Registered: 11 May 2001 Registration Expires: 10 May 2007

 

Data Controller: ROBINSON, WAY & COMPANY LIMITED

 

Address:

C/O LONDON SCOTTISH BANK PLC

LONDON SCOTTISH HOUSE

MOUNT STREET

MANCHESTER

M2 3LS

Other Names:

EXPRESS DEBT COLLECTING SERVICES

HIGHLAND SOLUTIONS

CHASE SOLUTIONS

 

Regards, Pam

[tamadus]

Hi all

 

Sorry to be the bearer of bad news but Robinson Way are registered with the Information Commissioners Office. You have to search for Robinson,Way and company:

 

Registration Number: Z5395514

Date Registered: 11 May 2001 Registration Expires: 10 May 2007

 

Data Controller: ROBINSON, WAY & COMPANY LIMITED

 

 

Address:

C/O LONDON SCOTTISH BANK PLC

 

LONDON SCOTTISH HOUSE

 

MOUNT STREET

 

MANCHESTER

 

M2 3LS

Other Names:

EXPRESS DEBT COLLECTING SERVICES

HIGHLAND SOLUTIONS

CHASE SOLUTIONS

 

Regards, Pam

 

That name shows up at Companies House with an address in Northern Ireland Pam, Dont the company address and ICO registered address have to eb the same ?

[whats a mook?]

'We would'a got away with it if it weren't for those pesky kids!'

 

I'd be interested to see if theres any substance to that question Tam.

 

7 days until serious default letter, can you recommend a template on here?

[tamadus]

I did ask the ICO the question and they wouldn't comment on it so draw your own conclusions