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    • Just to confirm.  You have sent the snotty letter, haven't you?
    • OK, back again.  So.   4.  We don't know.  It is up to VCS to prove the do have PP.  And as in just about every VCS case they show total contempt for the legal procedure and never obtain PP we can hazard a guess as to which it is.  This is a breach of their Code of Practise which they sign up to where they state they obtain all legal permissions.  No planning permission is a criminal offence under The Town and County Planning (Control of Advertisements) (England) Regulations 2007 and means a contract cannot have been formed with them.  To give the extreme example which is usually quoted.  Someone promises a hitman a large sum of money for carrying out a murder.  The hitman does so but is never paid.  The hitman cannot sue for the money as murder is a criminal offence.  That is an extreme example but the point stands.  If you want to be sure, contact the local council and find out if VCS have PP.  They won't.   5.  Should you really owe this money. VCS are entitled to sue you for £100 plus their costs.  But they are suing you for £160 plus their costs.  Where has the extra £60 come from?  They've just made it up.  We've seen cases where VCS actually won at court, but the judges invariably disallowed this extra £60.  Some judges have been so annoyed with VCS's antics that they have chucked out the whole case on the basis of the made-up £60 alone.   As well as the airport threads HB advises, have a read of EL21's excellent Witness Statement at, I think, post 120 in  https://www.consumeractiongroup.co.uk/topic/430570-vcs-2vanishing-windscreen-pcns-now-claimform-brook-retail-car-park-ruislip-claim-dismissed/page/5/#comments  Don't worry, you don't have to write a document like EL21's!  Although EL21 was in a retail park, not near an airport, a lot of the legal arguments are the same.  
    • Hello,     I need some advice / help regarding a dispute I have with Sofology. Not another one I hear you cry!     We bought a sofa from Sofology after seeing one in their showroom and falling in love with it. The sofa is less than 4 months old. We complained about the quality of the sofa:     excessive wrinkling of leather insufficient padding improperly installed - the legs under the two seater part (it's a corner sofa) hover above the floor and do not make direct contact.     They sent a technician round who met with my partner who was mentally unwell at the time. Shortly after she was admitted to a mental health hospital for treatment but is safely back at home now. She was dealing with Sofology, but I have taken over as she is currently not able to cope with this and many other day to day tasks.     Some photos below:   Sofology closed the case after their visit stating their technician found nothing wrong with the sofa. I wrote to Sofology asking them to reopen the case and provided various photographs. An extract from my email:     I am not content with the response from your technician. The sofa was delivered in July this year. It is less than 4 months old. I understand leather is a natural material and stretches over time but, the stretching the sofa has suffered is excessive given it’s age. Our sofa is not as firm as the one we saw in your Cambridge showroom and the condition of the leather (it’s tightness) is also worse, despite presumably many people sitting on the showroom sofa to test it. I would go so far as to suggest ours is made to lesser standards, with looser fitting leather and less/softer padding. It is worth noting that these issues are localised to the two seater segment of the corner sofa. The corner section and single seater return are not affected in this way. This demonstrates that the problems are not prevalent across the entire sofa, and that the manufacture of the two seater section is of a lesser standard. I trust the information above is enough for you to reopen the case and send another technician for a second opinion?     Their response to this appeared to by some standard wording about this is normal; you need to sit on different seats and rotate the seat cushions blah blah.     If they had bothered to look at my case in detail, they would have seen the cushions are fixed. I've just written back to Sofology with a stronger tone informing them they have not adequately addressed my concerns. That the sofa they have supplied is of unsatisfactory quality. It is of lesser quality than the sample sofa we viewed in their Cambridge Showroom. That they must re-open the case and that these issues remain raised within 6 months of receiving the goods.     I feel like this is just the beginning of a long uphill battle. Any advice would be greatly appreciated.     With best wishes,      
    • Thanks for answering my post - much appreciated   dx -  I have sent a SAR to Moneybarn.   The letter I got was from DWF Law LLP stating they represent Moneybarn.   The agreement is 60 months. First payment was made in June 2020. To date I have made 12 payments between June 2020 to Oct 2021. (Sorry I am dyslexic and my maths isn't good enough to calculate 1/3☹️   Noted - I will not communicate with Moneybarn / dwf verbally.    Apart from the SAR, shouldn't I be applying for a Time Order?   Regards LH2021   @Kyosanto Hello    Yes - Not planning on speaking to them ever again!! From now on, everything will be in writing as you and dx have advised. I have indeed sent a SAR to Moneybarn.   I terms of the car - I jumped in with 2 legs and and at the time I was able to afford the car. I would like to keep it, continue on making payments and clear arrears.    Thanks for your assistance. 
    • I've amended your particulars of claim to remove some detail. If you are happy then issue it immediately. I think their letter effectively acknowledges your letter of claim and that the protocol has been complied with and that they waive their rights on this point. Who signed their letter to you?
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Cabot financial response


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Hi All,

i sent five letters out on 14th march by recorded delivery requesting an original copy of my credit agreement from each of the companies and so far only 1 has replied .. Cabot financial.

Here is a copy of the letter...

 

 

Card type : associates credit card

Card number:XXXXXXXXXXXXXX

 

Dear mr XXXXXXXXXX

Further to your previous communication regarding the above referenced account

We have today contacted Associates to investigate your query, and hope to resolve this matter swiftly.

Although we anticipate a reply within the next 21 days, it can take up to 8-10 weeks if the information we require has been archived, and we therefore request your understanding in this matter.

 

Yours sincerley

 

emma roberts

customer relations department.

 

 

end

 

 

So a reply to one ...!! what about the others...? any help would be appreciated

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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This isn't an acceptable response. The 12-working day limit to comply isn't set by you or Cabot but by statute. The clock is ticking and Cabot are well aware of that and hope you are unaware of your rights.

 

If they default, as they surely will given this response, wait for them to commit the criminal offence (that's a calendar month after the 12 day limit expires) and report them to OFT.

 

You should not receive letters/calls demanding money because the Cabot letter, useless as it is, acknowledges the matter is in dispute. If you do receive letters file them - keep the envelopes too. If you receive calls tell them the matter is in dispute, ask the caler for their name and position within the company and make a note.

 

Complain to Cabot and ask them for details of their complaints procedure. Under the new Financial Services Ombudsman (FOS) regime, which comes into frce next Tuesday, they must provide you with this. If they don't report them to the FOS outlining what you have done, what they have done and, of course, what they haven't done. If the FOS decides to investigate that's £400 from Cabot straight away whatever happens. If the FOS finds in your favour he could impose financial sanctions on Cabot of up to £100,000.

 

You should do the same with the other scoundrels chasing you.

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Good advice there. Definately don't help any of the DCAs out, it's their job to prove the debt, not yours.

 

Cabot have their own little sub-forum here which makes VERY interesting reading. It might be worth cutting and pasting your thread into it, there's a group of dedicated Cabbites who would be most interested in reading it :)

  • Haha 1

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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Good advice there. Definately don't help any of the DCAs out, it's their job to prove the debt, not yours.

 

Cabot have their own little sub-forum here which makes VERY interesting reading. It might be worth cutting and pasting your thread into it, there's a group of dedicated Cabbites who would be most interested in reading it :)

 

Yep great shout DJ....Spuddly-- Start a seperate thread for your Cabot Fiancial stuff in the Cabot thread...THere's quite a few of us that will help you over there with your Cabot 'problem'!! :D

Just hate every DCA out there

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I will put this thread in the section dealing with cabot and THANK YOU ..to everyone for your support:)

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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Hi All,

i sent five letters out on 14th march by recorded delivery requesting an original copy of my credit agreement from each of the companies and so far only 1 has replied .. Cabot financial.

Here is a copy of the letter...

 

 

Card type : associates credit card

Card number:XXXXXXXXXXXXXX

 

Dear mr XXXXXXXXXX

Further to your previous communication regarding the above referenced account

We have today contacted Associates to investigate your query, and hope to resolve this matter swiftly.

Although we anticipate a reply within the next 21 days, it can take up to 8-10 weeks if the information we require has been archived, and we therefore request your understanding in this matter.

 

Yours sincerley

 

emma roberts

customer relations department.

 

 

end

 

 

So a reply to one ...!! what about the others...? any help would be appreciated.

I have started this thread in general debt section but suggested i move it here. i was not sure how to move the entire post.

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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And Presto!!! As if by magic, tis done. :)

 

Thanks, Anon o Mod.

 

So, it could take up to 10 weeks, eh? Silly Cabot. You KNOW you don't have that long. Why aren't you getting ALL the docs in your big bundles of misery that you buy. You know you should really, but you don't. Even though you KNOW by now that the chances are high that you'll be asked for them. Oh, but of course. The CCA doesn't apply to you, does it?

 

OR SO YOU THINK!!!!

 

I guess my ranting means, don't let them fob you off ,Spuddly me old china. They do only have 12 working days, etc etc from when they got your CCA. Let us know how you get on. :)

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Hi All,

i sent five letters out on 17th march by recorded delivery requesting an original copy of my credit agreement from each of the companies and so far only 1 has replied .. Cabot financial.

Here is a copy of the letter...

 

 

Card type : associates credit card

Card number:XXXXXXXXXXXXXX

 

Dear mr XXXXXXXXXX

Further to your previous communication regarding the above referenced account

We have today contacted Associates to investigate your query, and hope to resolve this matter swiftly.

Although we anticipate a reply within the next 21 days, it can take up to 8-10 weeks if the information we require has been archived, and we therefore request your understanding in this matter.

 

Yours sincerley

 

emma roberts

customer relations department.

 

 

end

 

 

So a reply to one ...!! what about the others...? any help would be appreciated

Hi, i sent a cca request to Cabot on the 28th February 2007, and I received this letter, it must be a standard one, I still have not heard a thing off them, and will not be reminding them of the Legal Commitment .

I would just sit and wait for the calender month from the 12 days to run out as you have already been advised,

Happy waiting,

Regards,

Rinydinkydoo:)

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icon1.gif Re: Cabot financial response

Quote:

Originally Posted by spuddly viewpost.gif

Hi All,

i sent five letters out on 17th march by recorded delivery requesting an original copy of my credit agreement from each of the companies and so far only 1 has replied .. Cabot financial.

Here is a copy of the letter...

 

 

Card type : associates credit card

Card number:XXXXXXXXXXXXXX

 

Dear mr XXXXXXXXXX

Further to your previous communication regarding the above referenced account

We have today contacted Associates to investigate your query, and hope to resolve this matter swiftly.

Although we anticipate a reply within the next 21 days, it can take up to 8-10 weeks if the information we require has been archived, and we therefore request your understanding in this matter.

 

Yours sincerley

 

emma roberts

customer relations department.

 

 

end

 

 

So a reply to one ...!! what about the others...? any help would be appreciated

 

Hi, i sent a cca request to Cabot on the 28th February 2007, and I received this letter, it must be a standard one, I still have not heard a thing off them, and will not be reminding them of the Legal Commitment .

I would just sit and wait for the calender month from the 12 days to run out as you have already been advised,

Happy waiting,

Regards,

Rinydinkydoo:-)

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  • 4 weeks later...

Hi all,

 

I havent had any communication from cabot since first letter 26th march 07 so i can only assume they dont have my credit agreement as i requested and are taking money from me unlawfully so i will be sendng them this Thanks to Diskmandave

Like this

 

Dear sir

 

I refer to my letter dated 17/03/2007 which was delivered via Recorded Delivery to your offices on20/03/2007.

 

You have failed to supply the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

 

In my letter of the 14/03/2007 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. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time Cabot purchased this account, along with any other documents mentioned in the credit agreement.

 

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.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on 04/04/2007 and 04/05/2007 respectively.

 

As you are no doubt aware, Section 78(6) states:

 

If the creditor under an agreement fails to comply with subsection (1) -

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore on 04/05/2007 this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, i do not acknowledge any debt to Cabot.

 

I require the following action from Cabot :

 

1. All payments made to date to Cabot for this account should be refunded in full, including interest at the rate of 8% per annum.

 

2. Removal of all defaults entered by Cabot. Note this is to be a complete deletion and not merely an amendment.

 

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

 

4. After a full refund of all payments with interest and compensation are received by myself, 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.

 

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Cabot or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

 

I look forward to your reply within 14 days to resolve the matter amicably.

(final date before action 25/05/07)

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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  • 3 weeks later...

Ok then just recieved this letter this morning...

 

Dear XX XXXXXXXX

Further to your communication regarding the abouve ACCOUNT.

I can confirm that we are not the originator of the Debt and are reliant on the retrieval of the information from each of the creditors.Under the credit consumer Act 1974 sections 77 and 78 it states that the credior should supply information with an appointed time(initially12 days then a further 30 days).Cabot has sought advice from trading standards who have confirmed this does not apply to us, as wewere not the "creditor" and the accounts have defaulted.

We are sympathetic to the urgency of your request but as previously stated we are reliant on the retrieval of the application from Assosiates.

Thank you for your continuing patience.

 

your sincerley

Emma robertson.

Customer relation dept

Cabot financila group.

 

What are they saying then.......!!!

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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In a nutshell. They cannot prove you owe anyone any money. They are demanding money off you. You have asked them to comply with the CCA. Its their problem not yours. Under S189 they are obliged to supply the documents whether the original creditor or not. They havent a leg to stand on. Its like someone in the street saying you owe Joe Bloggs 20 quid and he has asked me to ask you for it. Would you hand it over. No. Thats all the power Cabot have without the Executed copy of the CCA. Ignore them or if you want some fun

 

Dear Emma

 

I understand you have no copy of the executed copy of the CCA therefore please do not bother with me again until you have one.

 

PS Your company will have committed a Criminal offence on ******

 

PPS Please send me a copy of your complaints procedure

 

PPPS I am a member of CAG

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This is exactly everything on the bottom of the letter..

 

yours sincerely

 

SIGNATURE of emma

 

Emma robertson

Consumer relations department

Cabot financial (Europe) ltd

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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My original loan was with ASSOCIATES credit card and ended up with CABOT.....

So If cabot are not the "creditors" as stated in their letters then why on earth have i been paying Cabot my money for at least the last 3 years on my DMP...????

does this mean CABOT bought the account off ASSOCIATES CC but got no signed and dated CCA from them?

 

spuddly.

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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My original loan was with ASSOCIATES credit card and ended up with CABOT.....

So If cabot are not the "creditors" as stated in their letters then why on earth have i been paying Cabot my money for at least the last 3 years on my DMP...????

does this mean CABOT bought the account off ASSOCIATES CC but got no signed and dated CCA from them?

 

spuddly.

 

Yup. EXACTLY that.
Seahorse are you saying that as Crapbot cannot produce the signed CCA they cannot enforce the debt and spuddly should not have been payng them this past 3 yrs:-o

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Do i take this letter as POSITIVE ACTION or wait until the 14 days have elapsed..

 

 

i require the following action from Cabot :

 

1. All payments made to date to Cabot for this account should be refunded in full, including interest at the rate of 8% per annum.

 

2. Removal of all defaults entered by Cabot. Note this is to be a complete deletion and not merely an amendment.

 

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

 

4. After a full refund of all payments with interest and compensation are received by myself, 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.

 

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Cabot or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

 

I look forward to your reply within 14 days to resolve the matter amicably

Looking on my credit file i notice that KINS HILL NO1 actually put the DEFAULT on my file back in 02/2002 how do i get this removed.!

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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Seahorse are you saying that as Crapbot cannot produce the signed CCA they cannot enforce the debt and spuddly should not have been payng them this past 3 yrs:-o

 

I don't see it as that. In the eyes of the law the debt still exists but it can't be enforced. And if you know you have borrowed the money then in the spirit of the law you should pay it back..cos you can bet that if it came to court the Judge would see it that if you have been paying it off for 3 years then you have acknowledged the debt so you need to repay it, it gets thrown out of court and you get dumped with court charges. However as no contractual agreement seems to exist and therefore no clauses, stipulations etc with regards to interest to be paid, default on non-payment etc. then I think you have a case cos any charges, penalties etc, although not illegal, would be construed as unlawful as there is no contract reference to go by. Also if no referrable contract exists they have no lawful right to process your data under the Data Protection Act cos they cannot prove that you have agreed to that unless the specifically wrote to you asking for that permission.

 

Thats my interpretation anyhoo. No doubt others might see it different :)

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QUOTE "I don't see it as that. In the eyes of the law the debt still exists but it can't be enforced. And if you know you have borrowed the money then in the spirit of the law you should pay it back..cos you can bet that if it came to court the Judge would see it that if you have been paying it off for 3 years then you have acknowledged the debt so you need to repay it, it gets thrown out of court and you get dumped with court charges"...

SHIELD BLASTER.

 

I dont deny the account exists which i had with ASSOCIATES CREDIT CARD and was happy to pay them back, however until CABOT prove with a properly executed CCA then i will make NO FURTHER PAYMENTS to them

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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QUOTE "I don't see it as that. In the eyes of the law the debt still exists but it can't be enforced. And if you know you have borrowed the money then in the spirit of the law you should pay it back..cos you can bet that if it came to court the Judge would see it that if you have been paying it off for 3 years then you have acknowledged the debt so you need to repay it, it gets thrown out of court and you get dumped with court charges"... SHIELD BLASTER.

 

I dont deny the account exists which i had with ASSOCIATES CREDIT CARD and was happy to pay them back, however until CABOT prove with a properly executed CCA then i will make NO FURTHER PAYMENTS to them

Do you know if Cabot have added any charges on to the debt. If you were able to get your money back from them plus the 8% then you would be in a great position to offer the Associates a full and final settlement at a fraction of what is owed. You clear your debt, Associates get a half decent return and best of all Cabot get F all:D

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COOL:cool:

 

This account has been ongoing since 2001 on a DMP i am not sure when it actually changed to CABOT i can only trace it back to 2004, however earlier this year i did 2 credit searches on myself and KINGS HILL NO 1 was on EQUIFAX whereas CABOT is on the EXPERIAN both with the same account number...??

 

NEVER HEARD OF KINGS HILL NO 1 UNTILL I SAW IT ON MY CREDIT REPORT!!!!

I have sent a SAR request to CABOT 08/05/07 and when they send me the details then hopefully i will be able to sort out whats been paid and to whom...

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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