Baines & Ernst now CCCS - many debts

[spuddly]

can i send it by e-mail?

[ODC]

Yes but a recorded delivery letter is better proof. Although with a bit of luck they might acknowledge receipt of your email request

[spuddly]

Thanks ...Recorded delivery it is then, i am not looking for luck with this only a legitimate and lawfull result !!

 

are there templates for the letter to send on this site

spuddly:)

[ODC]

Not that Im aware of.

 

Just keep it brief

 

Dear Crapbot.

 

I wish to make and official complaint regarding you group of companies. I understand it is a legal requirement that you should have in place a Complaints procedure. If you fail to respond to my request I will report the complaint directly to the FOS

 

yours etc

[spuddly]

thanks its printing as i reply to you and will be in the post later today R/D.

[spuddly]

after waiting 12 weeks I am also sending them this seeing as they still have not supplied a CCA

 

 

24/06/07

 

Cabot financial (Europe)ltd

PO Box No 241

West mailing

Kent

ME19 4NA

 

Dear Sir or Madam

 

Re: my request under the Consumer Credit Act 1974

 

Re: xxxxxxx

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until 04/04/2007 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

You had until 04/05/ 2007 to comply with my request. you failed to provide me with a true copy of a properly executed credit agreement by this date, you have committed a criminal offence and your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

It is also my intention to consider litigation in this matter and your attention is drawn in particular to CPR 4.6 © enclose copies of documents asked for by the claimant, or explain why they are not enclosed;

 

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

 

I would therefore request, in compliance with CPR 4.6© a copy of the document that you will be relying on as proof that a properly executed agreement, complying in all respects with the form and content requirements of the CCA was signed by myself in respect of this alleged debt.

I expect, in accordance with CPR, your prompt response to this formal request without further delay.

 

I look forward to your reply.

Yours faithfully

[spuddly]

ok update ...

When i came home from work a message to contact citicards was waiting for me...so i phoned and low and behold it was my old credit card company "The Associates" from way back.

Anyway i spoke to a pleasent lady who told me that after sending in a complaint to the FOS about cabot who i have been dealing with so far assured me that my CCA is still available:eek: ?, furthermore she is going to send me out a copy of my T&C whilst they recover my original agreement from archives , this may take a few weeks she added and on that point i reminded her that when i recieve the said agreement i will take it from there.

Probbly start paying again...

How did they get my phone number!!!!

[spuddly]

so the letter i just posted today to cabot seems a waste of time!!

[ODC]

ok update ...

When i came home from work a message to contact citicards was waiting for me...so i phoned and low and behold it was my old credit card company "The Associates" from way back.

Anyway i spoke to a pleasent lady who told me that after sending in a complaint to the FOS about cabot who i have been dealing with so far assured me that my CCA is still available:eek: ?, furthermore she is going to send me out a copy of my T&C whilst they recover my original agreement from archives , this may take a few weeks she added and on that point i reminded her that when i recieve the said agreement i will take it from there.

Probbly start paying again...

How did they get my phone number!!!!

Wait and see what they come up with. Probably just an application form. Wonder why its taken so long to suddenly discover they have a valid CCA. Keep up with your complaint against Crapbot

[spuddly]

yeh .. now you mention it she did say it was an application form that i filled in back in 1999, i did tell her it should be an credit agreement not an application form .

 

oh and i have also CCA'd the associates today what timing eh!!

[ODC]

yeh .. now you mention it she did say it was an application form that i filled in back in 1999, i did tell her it should be an credit agreement not an application form .

 

oh and i have also CCA'd the associates today what timing eh!!

Always beware of the smiling asassins.

 

Post what the nice lady sends you on the forum and you friends here will let you know if its the genuine article

[spuddly]

whats mine is yours..

always been one for sharing ,a problem halfed and all that..

[spuddly]

well since my impromptu phone call i have been pondering ??

 

I realise now that i have sent my CCA to The Associates who at some point were bought out by citicards, but did not bother to let me know because i was on a DMP and paying CABOT. Surely they should have sent me a deed of assignment when CITICARDS bought The Associates.

 

first how DID they get my number..?

 

Why did citicards call so late in the dispute ? according to crapbot on 26th march they were contacting the associates (shouldnt it have been citicards) and will take between 8-10 weeks.

 

why have they not already sent me T&C if they had my contact details ?

 

why have they not sent my CCA by now?

 

as it has been 15 wks+ since i began my request.

[Seahorse]

Did someone mention complaints procedure?

 

Here ye go...

 

http://www.consumeractiongroup.co.uk/forum/cabot/54029-seahorse-cabot-27.html#post949278

[spuddly]

let me get this right ....

 

The associates to cabot

 

CRA check found kings hill no1(never heard of)

 

CCA and SAR to cabot also complaint to FOS

 

then after 15 weeks citicards appear on the scene.

 

so its one account and four diffrent companies who have dealt with my data, do they all p~~s in the same pot or what.

 

who has been sharing data with who ,certainly not with my permission:mad:

[spuddly]

here is the reply from cabots

 

[bartymuv]

I am seeing a scanned copy here, am i?

 

PATIENTS !!!!!!!!!!!!

 

Just about sums up the calibre of these idiots!

[Seahorse]

And as it's from a template, this will be going out to all and sundry

 

"Cabot have sought the advice of Trading Standards who have confirmed this does not apply to us as we are not the "creditor" and the accounts have defaulted."

 

First thing is, I suppose technically CABOT are not the creditor. There IS no Cabot. It's Cabot Financial (UK) Limited who are the new owners of an accounts, therefore THEY are the creditor.

 

(Ken's Cronies think they can try to use the Law of Property Act to sidestep their obligations, then accuse US of being "rogue ustomers" for daring to use the law to benefit us? CAKE and EAT IT spring to mind.)

 

And secondly, what the heck has it got to do with any accounts being defaulted as to whether or not they are exempt or otherwise from complying with the CCA? Deliberately misleading statement, or a very poor command of grammer? You decide.

[spuddly]

this is the responce to my letter dated 22/06/07

 

so they have still not got it then??

 

"Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me."

[ODC]

It hardly seems to matter NO CCA = NO ENFORCEABLE DEBT

 

Sorry Ken

[Seahorse]

HAHA. So they would like you to start putting incriminating words down in writing.

 

Of course, you'll have simply replied, "As previously advised, I do NOT acknowledge any debt whatsoever. I trust this answers your query."

 

They're not the only ones who can use twisty words.

[shieldblaster]

Seems Cabot passes around our info like confetti with little regard for the Data Protection Act. I am currently trying to find out how Cabot(UK) formerly Kingshill No.1 can pass my details to Cabot(Europe) without me receiving any fair processing notice nor a legal CA of which I am still waiting for a copy of after 12 weeks. I have checked the ICO site and both companies have registered separate data controllers so therefore make them separate entities.

 

I don't get where Cabot are coming from when they say they are not the creditors after advice from trading standards. They are registered with the OFT as licensed creditors under the CCA 1974 and in Sec 189 definitions it states " 'Creditor' means a person proving credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer agreement, includes the prospective creditor".

 

If they are licenced under that Act then surely they have to abide by it and not try some fancy side-stepping by using the Law of Property Act.

 

Good luck with your efforts Spuddly

[spuddly]

Could you tell me what law of property act is ?

spuddly:)

[shieldblaster]

Law of Property Act 1925 s136 is what Cabot rely on when they state that they have "the rights but not the duties" when they were assigned the debt. However the CCA 1974 states it differently as referred to in my earlier post

[Curlyben]

With regards to LoP and CCA have a look at this from post #232 onwards:

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/71386-diskmandave-robinson-way-co-12.html

 

Seems that crapbot aren't the only ones that are confused.