Cabot/Restons Claimform - old HFC Goldfish card debt - Prob SB'd

[deedee1310]

Hi Glennyboy.

 

Forgot to thank you for tipping my scales.

 

How is everything today?

 

deedee

[glennyboy]

I have now had a letter from Nelson Guest and Partners solicitors demanding repayment, stating it has been "assigned" (my partner was reading this over the phone), and stating it may lead to legal action

 

What sort of letter should I send to them regarding CCA non compliance?

 

Still no contact from Goldfish/Lloyds.

[kennyparkroad]

simple write a letter saying soemthing like

 

Thank you for your letter of xxxxxx 2007.

 

To date however, you have failed to comply with my legal request for a properly executed Consumer Credit Agreement (Consumer Credit Act, 1974).

 

From receipt of the CCA request your company has 12 working days to supply me with the information request, since your company has failed to do this and is therfore in default, i am well within my legal rights under the Consumer Credit Act to withold payment until such a time that my legal request is satisfied, therefore consider this notice that unless and until my legal request is satisfied, this account remains in dispute and no payments for the alleged debt will be forthcoming.

 

 

I will also remind you that under the OFT Guidelines that while a debt is in dispute, the creditor is not allowed to take any actions such as:

 

Demanding payment, altering credit files or pass information on.

 

Since your failure to comply with this request represents a complete defence in any court claim that may be issued at this time, please take note that any action that you decide to take will be vigorously defended.

 

Please find copies of all my correspondence for ease of reference.

 

Yours sincerely,

[glennyboy]

Cheers Kenny

 

Will send them something similiar. Don't suppose they will have much more success finding the CCA, if they put any effort into it.

 

At least if I go to court, I can expose all these people as the ignorant wasters they are.

[kennyparkroad]

no probs, im happy to help.

 

send the letter and see what crap they come back with next.

[glennyboy]

Have sent the following reply to both Nelson Guest and Wescot,

 

Dear Sirs,

Thank you for your letter dated 22/06/2007. Please find enclosed a copy of a letter to Wescot Credit Services which fully explains my position, and proof of posting and receipt. At this moment in time Wescot are committing a criminal offence by ignoring my legal request.

Likewise, Goldfish have decided to ignore the same request, despite numerous documented Subject Access Requests under the Data Protection Act 1998.

I await a satisfactory response from both parties. Until then, I do not acknowledge this debt.

Should this matter result in legal proceedings, I look forward to both Wescot and Goldfish explaining to the Court why they have decided to blatantly ignore my requests

 

Wescot now state that they are passing my account to a "doorstep collections agency, I can avoid this by contacting them"

What's the likelihood of someone turning up at my door without a court order? Just a bit concerned because my partner spends a large part of the week on her own while I work away. I dont want her bullied on the doorstep.

[rory32]

What's the likelihood of someone turning up at my door without a court order?

Almost nil.

 

You may however wish to send them the following:

 

Dear Sirs,

 

Please be advised that I am only prepared to communicate with you in writing. OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending “doorstep callers” to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

 

Should it be necessary, I will obtain an injunction.

 

Yours sincerely,

[glennyboy]

It seems my debt has now been passed to Cabot Financial, who are bombarding me with letters and phone calls, up to five a day.

 

I still haven't received anything from my S.A.R ( I know how long ago I last posted on here!)

 

If Goldfish refuse to play ball, what's the best couse of action with Cabot. They have just sent a default notice ( big deal, my credit rating is shot anyway) demanding full repayment in 28 days or Court Action.

 

How can I find out what paperwork they have got, seeing as they want to go to Court ?Any advice re a particular template/request.

[mrsfoot]

Hi Glennyboy

 

If i was in your position I would send a letter before action to Lloyds TSB informing them that you will file in court for your information if they do not respond withing 14 days. Here is a letter I used, its from this site with some amendments.

 

 

Dear (use the data controllers name here, you will find it on this site)

With regards to my letter, dated XX/XX/2007, which was recieved by your company on XX/XX/2007 I am still to receive the information I requested in a legally acceptable Data Protection Act Subject Access Request.

My initial request began on the XX/XX/2007. I am shocked that XX days have passed since you became aware of my request. This is well in excess of the 40 days permitted under the Data Protection Act S.A.R - (Subject Access Request).

I am giving you a further 14 days to send me the information in accordance with the Data Protection Act S.A.R - (Subject Access Request). If you do not comply with this I will proceed with a claim in my local County Court and name you as the Data Controller through which my request was meant to be completed. I will bring to your attention the recent case where the Data Controller was to receive a threat of prison from a Judge for not complying with a request.

Yours faithfully, Glennyboy

 

 

Send this letter recorded delivery. Fill in the blanks using the dates you have for example find the date your original letter was delivered using the www.royalmail.com web site and track the letter using its recoded delivery number on your reciept.

I would also send a further letter to Cabot informing them that the account is in dispute and that you expect to hear no more from them until further notice. Explain in your letter that you sent a DPA SAR request in 2007 and this has not been adhered to and you will be instigating court action to enable you to gather your information on the debt. My experience of Cabot is they will leave you alone if you follow the corect procedure.

 

Hope this helps!

[steven4064]

Also keep detailed records of all phone calls - date, time, name of agent calling. See http://www.consumeractiongroup.co.uk/forum/mbna/152149-volunteer-wanted.html

[glennyboy]

Thanks I'll do that.

 

Have just got a letter back from Cabot.Looks like a standard letter.

It says :We acknowledge receipt of your request under Sections 77 and/or 78 of the Consumer Credit Act 1974.

 

The Cabot Financial Group is not obliged to provide this information but we are pleased to help and have already requested the documentation for you from the original lender.

 

Are they right?

 

Seeing as LLoyds/Morgan Stanley and Goldfish have all failed to acknowledge any of my requests I don't hold out any hope of Cabot finding it!!

[steven4064]

No they're not - theye are obliged to provide it, even if they have to get it from the original lender

[glennyboy]

Two letters from Cabot.

 

The first states that they have requested the info from the original lenders.

 

Although Cabot has requested the information, the original lender is experiencing delay in retrieving the information from its archives.

As a gesture of goodwill we will put your account on hold until we receive communication from the original lender.

I wont hold my breath.

 

The second refers to a template letter I sent about telephone harrassment.

It says:

 

I note you refer to the Administration of Justice Act 1970 section 40. We would inform you that this act has been repealed and at no time have we committed any offence of harrassment. We merely seek your co-operation in settling your financial liabilities.

Have I used the wrong template ?All the same, they have taken my phone number off their records. For now.

[glennyboy]

Well Cabot have finally replied to my CCA request.

 

 

All they have supplied is a photocopy of Goldfish terms and conditions with my name hand written on it in pen.

 

 

No name, old address or signature.

 

 

I suspect this is not a copy of the original form because they cant find it.

 

Along with this is :

 

1.A photocopied letter from Cabot stating they have bought my account from Cabot. I have never received this letter.

 

2. Two sheets of A4 paper with about ten transactions from 2002 on it.

 

Surely this is not enforceable in Court,

 

 

considering Goldfish have completely ignored my requests for return of charges ?

[steven4064]

What they have sent would not appear to be an enforceable agreement whether or not you are reclaming charges. The bottom line for enforceability is s127(3) of the CCA 1974

(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

It must have signature and prescribed terms - otherwise unenforceable.

[glennyboy]

Hi everyone,

 

Yes , look at my last post, it has been that long.

Cabot have been firing letters at me every month since they have failed to comply with my requests. They have mentioned repayment plans I have never set up and failed payments I have never agreed to send. I know they are all computer generated.

I have now been contacted by Morgans Solicitors on their behalf.

 

 

Dear Glennyboy

We write on behalf of Cabot Financial (UK) limited with regards to your account. In order for you to fully understand and appropriately respond to this letter, we are providing you with the folllowing informationrelating to your account:

a) Name Glennyby

b)Account No

c)Creditor Goldfish Bank

d)Date debt was asigned - 05/03/2008

e)Current balance £3717.49 - Increased by £226 for no apparent reason

f) A notice of assignment has been sent to you.

 

Your acount is in default and the outstanding balance is now payable immediately.

 

This is an important letter and you are obliged to respond to this letterby writing to us by virtue of the Practice Direction to the Pre Action Protocols within the Civil Procedure Rules 1998. If we do not receive a response within one month of the date of this letter, legal proceedings will be issued against you without any further notice or warning to you. If you intend to represent yourself in any forthcoming proposed legal proceedings, we can provide you with a copy of the Practice Direction upon request.

We are obliged to inform you that should you not comply with the Practice Direction, the Court has the power to impose sanctions, which may include costs.

 

Being as Cabot have failed to comply with my previous requests , what next ?

 

Shall I ask this lot to send me all the documents on which they will rely, or wait and see if it is all buff

[steven4064]

Hi Glennyboy

 

The world has changed since your last post as there have been a number of court rulings regarding what constitutes an enforceable agreement, generally in favour of the lenders. The T&Cs you were sent would probably count as en enforceable agreement now unless you can convince the court that you never borrowed any money at all. You are still entitled to a statement of account though, and that should probably be your first priority.

 

Their interpretation of the CPR is rubbish, BTW. There is no compulsion on you to answer their letter. If you fail to respond and it goes to court, they would get a ruling in their favour and costs, though.

[glennyboy]

Well, believe it or not, Cabot have popped their head up again.

I regularly received computer generated threats from them over the years, which I have ignored because all my previous requests have been ignored.

Anyway, long story short, Cabots have passed this to Marlin Financial Services Ltd, who have instructed Restons Solicitors to seek immediate payment.

 

Restons state that Cabot were assigned the rights to the account account on or around March 5th 2008.That's coming up for nearly 7 years ago !

 

They are saying they will apply for a County Court judgement if full payment not received by 25th Feb 2015.

 

They have also offered "an opportunity for you to clear the account at a specially discounted settlement figure which could represent a substantial saving for you"

 

Quite simply, is this debt enforceable after nearly seven years , and the non compliance of all concerned. I am loathed to contact any of these people after all these years in case it kicks it all off again.

 

 

Anyone able to offer any advice ?

 

Regards

 

Glennyboy

[SabreSheep]

When was the last payment or written acknowledgement made.

 

After 7 years I would be reserching Statute barred status

[glennyboy]

I have hunted high and low for all the paperwork relating to this,

but it looks like I have thrown it out, not thinking it was still relevant.

Searching this thread shows the following timings.

Right, I have had no communication with Cabot since my S.A.R Request was not complied with on 18 th Nov 2008.

I received a similiar threat of legal action from a Solicitors callede Morgan's in March 2012.

They obviously did not proceed.

I have found the following advice below regarding statute barred debt.

Does the fact that they have fired off a set of computer generated letters count as "regular contact"

 

Notwithstanding that a debt may be recoverable, a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period.

 

If the lender or owner has been in regular contact with the customer during the limitation period, the firm may continue to attempt to recover the debt.

 

A firm must endeavour to ensure that it does not mislead a customer as to the customer's rights and obligations.

 

It is misleading for a firm to suggest or state that a customer may be the subject of court action for the sum of the statute barred debt when the firm knows, or reasonably ought to know, that the relevant limitation period has expired.

 

A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.

 

A firm must identify for prospective purchasers of debts arising under credit agreements or consumer hire agreements or P2P agreements those debts which it knows or ought reasonably to know are statute barred, so as to avoid a firm taking inappropriate action against customers in relation to such debts.

 

 

 

 

 

 

 

 

Complaints to the Financial Ombudsmanicon Service and initiating legal proceedings

 

 

 

A lender must not initiate legal proceedings in relation to a regulated credit agreement where the lender is aware that the customer has submitted a valid complaint or what appears to the firm may be a valid complaint relating to the agreement in question that is being considered by the Financial Ombudsman Service.

If I have to start this all over again , shall I S.A.R. Cabot or Marlin. I dont really know what Marlin's role in all this is. I have also noticed that this debt has gone from £3717 to £4106, with no apparent reason.

 

Regards

 

Glennyboy

[Guest Kris_barb]

Send it to who ever appears on your credit file.

 

 

They will be the data controller.

 

 

Statute Bar will be 6 years after the last time you defaulted and contacted.

If it is not statute barred I would ask them for an original (true) signature.

 

 

With it being passed around to different people chances are they can not find it and will write it off anyway.

 

 

Just make sure they know you do not recognise it until you have the proof that they have that you owe it.

 

 

Do not let them fob you off with an 'account balance' or a 'bill' as proof.

[dx100uk]

Well, believe it or not, Cabot have popped their head up again.

I regularly received computer generated threats from them over the years, which I have ignored because all my previous requests have been ignored.

Anyway, long story short, Cabots have passed this to Marlin Financial Services Ltd, who have instructed Restons Solicitors to seek immediate payment.

 

Restons state that Cabot were assigned the rights to the account account on or around March 5th 2008.That's coming up for nearly 7 years ago !

 

They are saying they will apply for a County Court judgement if full payment not received by 25th Feb 2015.

 

They have also offered "an opportunity for you to clear the account at a specially discounted settlement figure which could represent a substantial saving for you"

 

Quite simply, is this debt enforceable after nearly seven years , and the non compliance of all concerned. I am loathed to contact any of these people after all these years in case it kicks it all off again.

 

 

Anyone able to offer any advice ?

 

Regards

 

Glennyboy

 

 

it doesn't say will

read it properly please

 

 

ignore the willy waving.

 

 

dx

[dx100uk]

the debt is SB'd ignore them.

 

 

don't fire your arrows yet.

 

 

save SB for any claim they try.

 

 

dx

[glennyboy]

dx100uk, you are right .

 

 

It actually says " We ask you to pay the sum of £XXXX direct to this office by Wednesday February 25th,

failing which, we have instructions to issue a Claim against you in the County Court for the full balance

due plus any continuing interest, fees and costs that the Court may award our Client"

 

I have applied for a copy of my Experian Credit Report.

 

As it happens ,

I have found all the old paperwork, including returned cheques and non compliant paperwork.

This includes a set of old statements showing some P.P.I payments running at up £51 a month.

 

As you say, Im going to hold all this in reserve and use in any defence,

 

 

Thank you for your help

 

Glennyboy

[citizenB]

Would it not be better to just to send the SB letter, thereby warding off any claim issue ?