Me v Cabot Financial

[Brassed off]

Well 12 days are up today and still no sign of CCA. Default, default default LOL

 

However, am a bit disillusioned today (ever had one of those days?)

 

So, OK, you send the CCA request, they default, you wait a calendar month after that then report them, but reading through threads today at some time down the line they may just produce the CCA (the real thing I mean!), so what then?

 

By then, they are not very happy bunnies with you;) . So what comes next -more hassle, letters etc:rolleyes:

 

IMO if they can't produce within the stated time, the law should be changed so that if they don't comply within the stated time limit, then they have to bogg off !

[Seahorse]

How have I missed this one??? Oh, well.

 

Going back to the letter supposedly from Hitachi (bless you), it's no wonder the dates don't match up, as Cabot don't keep the letters they send you apparently. So they say. Instead, they just send you a letter printed off of their templates. Oh, No!!! That sounds like I'm suggesting that THEY actually produce the NOA from the original creditor. OOPS. How silly of me.

 

To be quite honest, I doubt you're going to see an original agreement. For that to happen, Time would need to have all this to hand to let them have, and I just can't see it. Whoever is dealing with Time's bits and bobs will hardly be in a position to manufacture something either (oops, there I go again, suggesting that SOME people are more than a little creative when it comes to agreements.) SO I'd rest easy for a while.

 

So yes. I'd stop payng them, as their 12 days are up.

 

I see they are learning. Not fast. But learning. They refused to take your quid off you.

[rory32]

Are you getting t-shirts done Seahorse?

[Brassed off]

Seahorse/Rory sides splitting!!!! Can't wait for t shirts - megga LOL.

 

Which reminds me, must cancel DD - thanks for reminding me;)

 

Will keep you posted

[Seahorse]

T-Shirts. A splendid idea. And we could all have a party outside Cabot Towers whilst wearing them.

[Brassed off]

Experian are doing a free month's trial on your on line credit report

 

Experian Credit Expert, check credit rating, credit reports & file alerts - with Experian CreditExpert.co.uk

 

(don't forget to cancel day before the month finishes!! - otherwise it's £6 a month)

 

So I thought I'd get mine.....

 

Cabot have placed a nice "D" for default against my name on 27th May - are they psychic, didn't send CCA until beginning of June. How can they do this? The funds were in my account, they were taking the payments....no default notice issued to me:mad:

 

Also got copy of Equifax report - on this they are calling themselves "Kings Hill No 1" and yet another "D" on 30th May

 

They've picked on the wrong one this time............

 

Oh well, roll on 23rd July (12+2+30 calendar days) when they default big style...ooh can't wait:D

 

BO

[Seahorse]

They'll have carried on the default from the time the alleged debt was assigned to them, I imagine. Or rather, that's how it's supposed to work. Between them and the CRA's, they just seem to make it up as they go along. As you well know.

 

We're all counting down the days too. Although they will deny they are in the wrong. As usual. Poor, deluded, blinkered fools that they are.

[tomterm8]

This http://www.consumeractiongroup.co.uk/forum/cabot/104700-gettingthere-cabot-advice-please.html#post997390 might be of interest

[Brassed off]

They'll have carried on the default from the time the alleged debt was assigned to them, I imagine. Or rather, that's how it's supposed to work. Between them and the CRA's, they just seem to make it up as they go along. As you well know.

 

We're all counting down the days too. Although they will deny they are in the wrong. As usual. Poor, deluded, blinkered fools that they are.

 

Hi SH,

 

So say I defaulted in 2003, they can place another default from the time they take the alleged account over, without giving me written notice of this:confused: ?

 

TT - just off to read the thread you've posted - thanks

 

BO

[tomterm8]

Hope this helps:)

[Brassed off]

TT - thank you - that make more sense now!

 

BO x

[lufc]

Remove Ed

[Seahorse]

lufc, please don't hijack other threads. Please make your points in your own.

[lufc]

Seahorse I Only Put That There Cos Peeps Could See It Who Are Strugling Around This Site For Advise I Never Intened To Hijack Threads If I Have Supset You Im Sorry

[Brassed off]

Hi

 

The phone calls from Cabot have started today - don't know where they've got my mobile number from?

 

Didn't answer - am a bit of a chicken

 

BO

[Seahorse]

Answer once.

 

Tell them everything is to be in writing only.

 

Press red button.

 

No more phone calls.

[Brassed off]

Hi SH,

 

So say I defaulted in 2003, they can place another default from the time they take the alleged account over, without giving me written notice of this:confused: ?

 

BO

 

Thanks SH - next phone call I will answer (if I can stop shaking!)

 

Could you elaborate on the above for me?

 

Many thanks

 

BO

[rory32]

The CCA is very clear that you need to be served with a default notice and where necessary given an opportunity to resolve the default before a default can be registered on your credit record.

[Brassed off]

Thanks Rory - will write to Cabot re this

 

BO

[Seahorse]

However, Cabot will probably say that they are merely continuing a default already registered by the original creditor. Because they have a "legal duty" to do so. Of course, we know the REAL answer is, because they are run by a malicious megalomaniac who delights in causing misery, even when his Company is in the wrong, and even when they cannot prove that there is any legal basis for their continual breaches of the DPA. Allegedly.

[Brassed off]

Letter to Cabot done, with many thanks to Curlyben:D

 

Any thoughts most welcome:-

 

Cabot Financial (Europe) Ltd

P O Box 241

West Malling

Kent

ME19 4NA

 

 

ACCOUNT IN DISPUTE

 

 

Dear Sir/Madam

 

 

CABOT REF: XXXXX

 

 

After receiving my credit files, I note with some concern that you have placed defaults regarding this alleged account on 27th and 30th May 2007 with no reference to myself whatsoever.

 

The Consumer Credit Act is very clear on with regard to default notices and I should be served with a Default Notice and where necessary, given an opportunity to resolve this issue before a default can be registered on my credit file.

 

As stated in your letter of xxx June 2007, on your statement of account, it clearly shows payments being received by yourselves throughout this period and I would like you to explain to me why you would place a default on this alleged account without issuance of a Default Notice or any explanation whatsoever. This is contrary to sections 87 -97 of the Consumer Credit Act 1974.

 

Also on your statement of account, I note that you have charged interest payments totaling £4XX and would like to have an explanation of these charges. A full breakdown of charges and interest is required. I believe that this is contrary to the OFT’s Debt collection guidelines, specifically section 2.9.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

As this alleged account is currently in dispute, I would be grateful if all correspondence with myself be made in writing only. Communicate in writing and ONLY in writing, your telephone calls will NOT be answered. They will, however, be logged and detailed for further possible action.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing

 

 

Yours faithfully

 

[Seahorse]

I would tend not to pussyfoot around with the phone calls bit. I wouldn't bother with "greatful etc". I'd just simply say, "All further communication will be in writing only. You will not telephone at all."

 

But it does look fine and quotes all the correct bits.

[Brassed off]

Thanks - Seahorse - amended:)

BO

[Brassed off]

Answer once.

 

Tell them everything is to be in writing only.

 

Press red button.

 

No more phone calls.

 

 

Getting peed off with them already and I haven't even spoken to them yet. "Syked" myself up to tell them "everything in writing" and when I answered, it was some stupid automated system so after saying "hello, hello, hello" I gave up and put the phone down:mad:

 

Oh well, "Account in Dispute" letter received by them today - that should shut them up!!:grin:

 

Bo

 

PS - Googled Senior Moment!

 

senior moment noun [C]a brief period when someone, especially an elderly person, is unable to remember something LOL - am prematurely ageing!!!!!!!

[Seahorse]

Auld timers disease. It gets us all in the end.