Cabot/ MBNA Help!!!

[SuzieP]

Hi guys,

Hope somebody can give me some help?

 

I had an original credit card debt with MBNA who in 2004 passed this on to Cabot Financial(UK)Ltd. I have had numerous problems with Cabot, mainly due to the fact that out of all my creditors , they were the only ones who continued to add interest to the debt at an unbelivable rate. They also hardly ever gave me a idea how much the outstanding balance actually was, they would send letters chasing for payment with account details but never gave outstanding balance details.

 

I asked them on quite a few occasions to freeze interest but they never did this. Last September I made a decision that I had to sell my house because the stress was getting too much, I went to live with parents and have negotiated with most of my creditors to pay off the debts with the little amount of equity that I received. Cabot contacted me to chase there debt again, and I asked how much I owed she said £5,780, Im sure when the debt was with MBNA it was only in the low £3000's. She said if I spoke to the underwriters they would come to some agreement for me to clear this, I only had £2562 so this is what I offered them as full and final settlement. They never responded.

 

I then on Jan 16th sent them a CCA request after reading this forum, I also sent a SAR request to MBNA. I received a standard letter back from Cabot on 12th Feb which was already over the 12days stating that they have requested the agreement from MBNA but will not have it in 12days and that Cabot Financial(Europe)Ltd/Kings Hill(No1)Limited are the legal owners of the account.

 

I have not received anything else until yesterday when I received a letter from Cabot Financial(Europe)Ltd,stating with regard to your recent letter regarding the above credit agreement our underwriting dept.are not able to accept £2562, but will accept £3200. No credit agreement!!! What should I do???

 

Also, on the same day I received a letter from MBNA with some print outs of transactions with no amounts just detail. They also sent the £10 chq back uncashed and a cheque for £140 as a goodwill gesture if I accept as full & final settlement. They said they havent cashed £10 chq because they havent treated my request as a formal data SAR but if I wanted to do this should fill in an attached form and send the cheque back and then they will provide the full details in 40 days. Is this a stalling tactic?? And what should I do with the £140 cheque from them?

 

Sorry to waffle on, any help would be appreciated.

[Seahorse]

Wafle on all you need. It helps with what advice to give.

 

Right, Cabot have defaulted on your CCA request by not supplying the agreement within 12 working days. So you are entitled to stop paying them, and write to them to say so. They have a further calender month to comply, after which time they have committed an offence. They will try to tell you that the CCA 1974 does not apply to them, but it is my belief that it does. In any event, it would be in their interest to find the original agreement, as without it, they cannot enforce any debt. The reply you received seems to imply that it won't turn up. In which case, UNLUCKY CABOT.

 

As the CCA request put the account in dispute, they shouldn't be adding any interest or penalties from the date of the request. The fact that they have dropped the amount they claim you owe, would appear to be trying to attract you into accepting a lower amount so you start paying them.

 

MBNA's response seems to be rather strange. You SAR them, yet they reply immediately with an offer to settle, without even waiting for .you to claim charges????

 

By not cashing the cheque, they appear to be trying to dodge the SAR issue altogether. Send the cheque back and demand they comply in full (the clock is still ticking from the date of your original SAR). This again suggests THEY owe YOU money and they know it.

 

I think you've no reason to worry. Yet again Cabot have been sold a pup.

 

Put the kettle on, have a relaxing cup of tea, and sit back safe in the knowledge you're bulletproof.

[tbern123]

Sounds like MBNA are being swamped with charge claims.. If they have offered to £140, I would check your statements and see how much more they owe you..

 

You have two options really... Claim back all your charges from MBNA and use that money with what you have already to get rid of Cabot.

 

But, to be honest, I wouldn't do this. Without an agreement, how do Cabot know how much to charge you in interest ???

 

Send a SAR to cabot, this will give you a copy of all the information they have on you and a list of the payments made to them. It might also contain some other interesting "info"

 

I would also write to MBNA and tell them that you have made a FORMAL SAR and that 40 days from your original request to provide the information or you will report them to the Information Commissioners Office.

 

The most important thing to do, is don't let them get to you. They like to bully people.. Remember you have more rights then you know, take a look at the other forums.. We are all here to help and support you

[SuzieP]

Thank You Seahorse & Thern.

 

Im going to SAR Cabot like suggested,should I write to them and tell them that they are in dispute because they haven't supplied the CCA ro just leave the ball in there court?

 

I will also write to MBNA and tell them that I originally asked for a formal SAR and that they haven't responded.

 

Thanks again, I will try to keep you updated.

[Rhia]

Suzie...Tbern and SeaHorse have given you sound advice here so follow it closely. Yes write to Cabot and say the account is in dispute with MBNA for a start and with them as they have been unable to produce a signed copy of the original EXECUTED agreement.

Also hop across to the MBNA thread (if you haven't already) it's in Other Institutions. There is a group of us with the same problems with MBNA. They are really messing about with regard to the SAR requests so stick to your original deadline. We strongly suspect that MBNA do not have proper agreements (and if you get a copy of the original application form this is not acceptable as an agreement). There is also a suspicion that they have not been issuing defaults correctly.

So do not pay Cabot another penny. Get the full statements from MBNA and check how much they owe you in penalties.Also check the Conusmer Credit Act 1974 (it can be downloaded from this forum). Read it very well. Cabot should not have added interest to the default balance and you will find this in the Act.

Hope all this helps.

[SuzieP]

Just to let you know that today i have written to both MBNA and Cabot.

 

I have informed MBNA that I had already requested a formal SAR and that if they don't responed by thurs 22nd March they are in breach because the 40days are up.

 

I have also SAR Cabot, and told them that I still haven't received a copy of my credit agreement, that they assured me was available. They have another 10days then the 12days + 1 month is up.

 

I will try to keep you informed.

 

Thank You

[Seahorse]

Thanks SuzieP. I know it's frustrating all this waiting, but hopefully worth it in the end.

[SuzieP]

Just thought I would bring this back to the top as I haven't received any further correspondence from either MBNA or Cabot, any advice on what steps to take next would be appreciated.

[tbern123]

The ball is in Cabot's hands now... until the produce the agreement, the can't prove that a debt even exists let alone that you are the debtor

[Rhia]

Report MBNA to the Information Commissioner for non compliance for a start. Personally i would also issue an N1 against MBNA for non compliance (that is a county court summons). There are quite a few of these flying about against MBNA at the moment.

If they have offered you £140 you can bet they owe you a heck of a lot more. Read some of the MBNA posts from today. Strange things are happening. They are offereing people money for all sorts of things, mostly when the people haven't even asked them for more money. It is veryodd. Keep the pressure up as, if suspected MBNA don't have an executed agreement, do owe you lots of penalties etc and then Cabot can go whistle.

[SuzieP]

Hi there, hope somebody can help again.

 

If you read the thread you will see that way back in April 07 Cabot defaulted on the CCA,they never sent me any further correspondence and certainly never procduced a copy of my credit agreement.

 

I have heard nothing from them until today that is, when I once again receive a letter from Emma Robertson stating that they have supplied me with the information they believe resolves my dispute, and that they will keep the account on hold for 14 days so I can contact one of there customer advisors to discuss repayment, however if they don't hear from me they will pass it back to there collections department for themto take further action.

 

What should I do next? How come it as taken them 10mths to contact me?

 

Any help would be appreciated.

 

Thanks in advance

Suzie P

[tbern123]

This is very important and you have to follow my instructions to the letter

 

look around the room, do you see that thing in the corner ??

 

It may be made or wood or even plastic, it is called a bin.

 

Using both hands scrunch the letter into a nice ball and drop it into the Bin.

 

Until they provide a copy of the agreement they can't do anything, they are just fishing again, in the hope that you will fall for it..

 

Come on Emma, (I often wonder if she exists) try harder

[SuzieP]

This is very important and you have to follow my instructions to the letter

 

look around the room, do you see that thing in the corner ??

 

It may be made or wood or even plastic, it is called a bin.

 

Using both hands scrunch the letter into a nice ball and drop it into the Bin.

 

Until they provide a copy of the agreement they can't do anything, they are just fishing again, in the hope that you will fall for it..

 

Come on Emma, (I often wonder if she exists) try harder

 

Thanks for that.

 

Do I just wait for the next letter from them then? They used to ring me at work all the time, if they ring do i just tell them I'm awaiting a copy of my credit agreement?

[tbern123]

Personally I wouldn't even argue with them.

 

If they do call, confirm that you will not discuss the matter further and that all future correspondance should be in writing. If they call a second time send the the harressment letter.

 

The ball is in their court, it is up to them to prove that there is a debt and that they are entitled to collect that debt.

[rory32]

If they do call I would report the matter to TS and make a complaint with them. You can find your local Trading Standards here by typing in your postcode.

[tbern123]

If they do call I would report the matter to TS and make a complaint with them. You can find your local Trading Standards here by typing in your postcode.

 

I would normally agree, but in the case of Cabot this may be a waste of time.

 

A number of people have made complaints directly to the Trading Standards Officer responsible for Cabot, however on each occassion no action has been taken.

 

Cabot refute the complaint, TS say Cabot make mistakes. Then that is the end of it as far as they are concerned.

[rory32]

There is only so many "mistakes" that they can get away with. I would always say that the more people who complain the better.

[SuzieP]

Hello me again seeking advice!!

 

Can you just have a quick read through the thread.

 

Cabot have now sent me another letter, stating that Cabot Financial Group have recently bought my account held with MBNA and that they have tried to contact me recently and that it's vital I contact them to discuss the account.

 

It states if I don't contact them to agree a suitable repayment plan they will move my account to the next stage of collections. Its from Peter Anderson (Customer Laison Manager).

 

What is my next move? Should I contact them??

[BeauBrummie]

Probably other people will give better advice but having read through this thread :

 

1. Have you got all the info you have previously asked for ?

2. I would suggest no contact as has has been previously advised by others.

3. How come MBNA have sold your alleged debt to Cabot without your knowledge ? There will be a letter on here somewhere to deal with that and also procedures that don't look to have been followed.

 

Beau

[Seahorse]

Hello me again seeking advice!!

 

Can you just have a quick read through the thread.

 

Cabot have now sent me another letter, stating that Cabot Financial Group have recently bought my account held with MBNA and that they have tried to contact me recently and that it's vital I contact them to discuss the account.

 

It states if I don't contact them to agree a suitable repayment plan they will move my account to the next stage of collections. Its from Peter Anderson (Customer Laison Manager).

 

What is my next move? Should I contact them??

 

No!!! Under no circumstances contact them. Certainly not by phone anyway.

 

You MIGHT like to send a letter to Peter Anderson, confirming receipt of his letter, and demand to know why they have not yet satisfactorily responded to your CCA request. Good Grief!! It's been over a year now!!!

 

Remind them that you do not acknowledge any debt due, but will be happy to communicate further should a valid CCA magically appear. But until then, the only thing you want to hear from them is that they are ceasing all collection activity.

[SuzieP]

Thanks seahorse, I will send a letter today to him confirming reciept then and inform that Im still awaiting my CCA.

 

Thanks again.

[Seahorse]

Never forget, there's bugger all they can do without it. And they know it.

[SuzieP]

Hi,

 

I hope somebody can help me again!!

 

Can you please read through this thread that i started over 2 years ago and give me some advice?

 

After not been in contact with me since I last posted on here today I received a letter from Cabot with a copy of my CCA ( well I think it is it's an apllication form)from MBNA from 1998. They've also included a copy of a printed list of transactions. At 19/04/05 the balance was £3816.31 the printed list today states i owe £5915.24 they've continued to add interest, whilst been in dispute is this correct?

 

What do I do now?

 

Will I have to pay the full £5915.24 now they've produced the agreement?

 

Any advice would be gratefully received I feel physically sick.

 

Thanks

Edited August 20, 2009 by SuzieP

[BeauBrummie]

You will need to post up on here the agreement that they have sent you. You will need to remove all of your personal details, so that you cannot be identified and someone will have a look for you to to if it is enforcable or not.

 

At the moment Cabot an jump up and down, scream and shout but that does not matter a jot if they do not have an enforcable agreement.

 

Beau

[SuzieP]

Can anybody advise how I post it on here please?

 

It's basically an application form, it does have a signature on but doesn't have any of there terms or anything like that.

 

Thanks in advance.

Suzie