Baines & Ernst now CCCS - many debts

[spuddly]

GETTING FED UP WITH IT ALL...

why is this cabot crap taking so long ?

is it me ? I dont seem to be able to stick to my timetables when i come home from my 12 hr day i end up noding off and leaveing things till tomorrow..

i thought after my personal win at citifinancial that this would follow the same path seeing as they dont have the CCA .

to wait another two weeks is bordering on the unbearable..

 

sorry for the moan..

spuddly

[ODC]

GETTING FED UP WITH IT ALL...

why is this cabot crap taking so long ?

is it me ? I dont seem to be able to stick to my timetables when i come home from my 12 hr day i end up noding off and leaveing things till tomorrow..

i thought after my personal win at citifinancial that this would follow the same path seeing as they dont have the CCA .

to wait another two weeks is bordering on the unbearable..

 

sorry for the moan..

spuddly

Just two weeks to get these a holes off you case. Worth it I think

[spuddly]

Thank you for your continuing support.

spuddly

[spuddly]

on a positive note...sent final payment to halifax loan £95 contacted them over the phone and asked for letter to send to my credit file company to prove no account with them so then remove from file straight away , as i did with citifinancial last week and checked my file today NO DETAILS left on file ( i scanned the account closure letter from citifinancial and attached it to the enquiry )

 

paid overdraft off finally halifax £152:D

 

chatham finance accepted two payments to settle one this week £250 ,one a month from now£250 , thats them done as well:D so i will have settled four accounts by this time in august.

 

 

(off topic i know but i feel tons better now reading this here )

spuddly

[Seahorse]

Excellent news Spuddly.

[spuddly]

Thanlks for the support..

1 week is over and still no contact from Cabot or Citicards...

[spuddly]

Been to TS today about CITICARDS/CRAPBOT still no CCA or T&C after given a further 2 weeks notice( good film!!), i digress,told to report the SOB to FSA ASAP by phone or "tinternet".

[Seahorse]

Sounds like a plan. I think I'll do the same.

[ODC]

Been to TS today about CITICARDS/CRAPBOT still no CCA or T&C after given a further 2 weeks notice( good film!!), i digress,told to report the SOB to FSA ASAP by phone or "tinternet".

GO FOR IT:D

[spuddly]

Just thought i would post my next communication i am sending .

 

Cabot financial (Europe) ltd

PO Box No 241

West mailing

Kent

ME19 4NA

COMPLAINT

Dear Sir or Madam

Re

Despite numerous requests to Cabot financial (UK)/ The Associates, I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment has not been complied with.

 

Further, I do not acknowledge any debt to Cabot/citicards.

 

Regarding the original reply 26/03/07 I was told it would be 21 days but could take 8-10 weeks to retrieve the information required from archives it has now been 19 weeks and still no credit agreement or deeds of assignment.

 

On the 27/06/07 I received a phone call from CITICARDS, to say I was surprised is an understatement as I had no idea who they were? I was informed that they had bought The Associates a few years earlier and why was I asking for a copy of the agreement, I explained my reasons why and was told that the agreement still exists and it would take a further 2-3 weeks to retrieve from archives in the meantime I would be sent a copy of the terms and conditions within the next few days, it has now been 6 weeks and I have not received anything.

 

May I point out that at no time was I informed of CITICARDS purchasing The Associates and therefore my account with The Associates had been transferred to CITICARDS ownership? I believe I should have been notified at the time by letter from both parties involved of my account transfer, I have received no such letters (Deeds of Assignment) I believe that my DATA has been shared without my knowledge or consent under the DATA protection act 1998, which I intend to report to the information commissioner’s office. I sought further advice from trading standards and they contacted citicards and spoke to Joanne who confirmed I was the account holder before she would discuss the account with T/S officer Joanne told T/S that they have the letter that I sent requesting the CCA but don’t know where the £1 cheque is that I sent with the letter.

And it will take them a further 2 weeks whilst they find my CCA as they have to send a request internally, two weeks have passed and still nothing.

 

I have been back to Trading standards and been advised to report the matter to FSA.

 

In my personal opinion and after dealing with other creditors who have been able to produce all the relevant Credit agreements within the allotted timeframe I feel that the whole procedure in dealing with Cabot/ Citicards has been a long and unnecessary process that should have been resolved within the 8-10 weeks as promised in the original letter.

 

To resolve this complaint

 

1. I would like a true copy of my Credit agreement

2. I would like a true copy of the Deed of Assignment

 

If these cannot be produced

 

1. The account closing

2. A zero balance

3. Removal of all defaults entered by Cabot/kings hill no1 /The associates also including citicards. Note this is to be a complete deletion and not merely an amendment

4. Also you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

[Seahorse]

In part 3, also state that you want ALL adverse markers removed too.

[spuddly]

unfortunatley i posted the letter earlier today..

[Seahorse]

Oh, well. I'm sure it can be made plain later.

[spuddly]

recieved this in the post today

 

 

first attempt blurred posted again..

[ODC]

Im sure the our sole knows it was NOT your application form you requested

[Seahorse]

Nevertheless, I'm sure that our friends will need to rely on it as no doubt it is all they have.

 

Which begs the question... if Citi KNOW that all they have is an application form, unenforcable in law, don't Cabot have a case to go back to Citi to ask what the feck they think they are playing at?

 

But of course, that's totally up to them. Isn't it, my little MIB chums?????

 

:):):)

[andrew1]

If you seek or expect any refunds Citi have a habit of sending money due to the debtor (you) to Cabot so be careful to make sure they don't do it to you.

 

Sarah.

[spuddly]

hmmmm..!! loosks like more fuel for my chimenia.

well i was expecting my first letter from citi to be a copy of the T&C at least with this letter?

also i was told on the phone a few weeks ago that they DID have a copy of my agreement and it was on its way ...So is christmas love:p .

spuddly:)

[spuddly]

what do you think to this next reply from CITI.......

 

 

 

 

 

 

looks to me like cabot are in for a rough time!!

[MoonHawk]

They have broken the Law.

 

From the Data Protection Act 1998

SCHEDULE 1

The data protection principles

Part I

The principles

 

1 Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless—

(a)at least one of the conditions in Schedule 2 is met, and

(b)in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.

2 Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.

3 Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.

4 Personal data shall be accurate and, where necessary, kept up to date.

5 Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

6 Personal data shall be processed in accordance with the rights of data subjects under this Act.

7 Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

8 Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.

 

From ICO's Data Protection Act 1998 Legal Guidance

 

Chapter 3: The Data Protection Principles

3.1.4 Lawfulness

 

The Act does not provide any guidance on the meaning of “lawful”. The natural meaning of unlawful has been broadly described by the Courts as “something which is contrary to some law or enactment or is done without lawful justification or excuse”.

(R v R [1991] 4All ER 481). The term applies equally to the public and private sector and to breaches of both statute and common law, whether criminal or civil. An example of information unlawfully obtained might be information, which is obtained as a result of a breach of confidence or in breach of an enforceable contractual agreement. Since 2 October 2000 it applies to a breach of the Human Rights Act 1998 by a data controller bound by that Act.

 

Citi are not permitted to sell your data or pass it on until they comply with the CCA request. Cabot are not allowed to process your data until such as a time as Citi comply with your CCA request. Both can be reported to the ICO at this time.

 

Best Wishes

MoonHawk

[ODC]

Additionly Citi are required to keep ALL documents for a period of 6 years as are all financial institutions

[Jeff2000]

what do you think to this next reply from CITI.......

 

 

 

 

 

 

looks to me like cabot are in for a rough time!!

 

 

Hi,

 

 

This is almost exactly the same letter that they sent me!

 

It does look like the "rights and duties" have gone from Citi!

 

Funny how only the rights have ended up with Cabot!:grin:

 

Now where the hell are them f****** duties at!!?

 

 

Regards, Jeff.

[MoonHawk]

Now where the hell are them f****** duties at!!?

 

There is a big chasm between the OC and the debt byer

 

Best Wishes

MoonHawk

[elizabeth1]

Hi,

 

 

This is almost exactly the same letter that they sent me!

 

It does look like the "rights and duties" have gone from Citi!

 

Funny how only the rights have ended up with Cabot!:grin:

 

Now where the hell are them f****** duties at!!?

 

 

Regards, Jeff.

 

 

I have a letter like this off CITI too - like you I wonder how only the "Rights" end up with Cabots - Me thinks they have "selective reading syndrome" in there!!

[spuddly]

ok, here is there response to a complaint i made to Crapbot

 

comments....plz