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    • Hi LFI, With regard to the ANPR cameras in your post #65, while I was on the phone to the Planning Department, they did take a look at Google Streetview and went back to 2012 where they could see the ANPR cameras in place so therefore they would have deemed consent. I had previously read the T&C Planning Regulations and had read the section on deemed consent so I understood the point they made on the phone. It doesn't matter though, that doesn't harm my case any, and I shouldn't really mention this now, (this is what you reminded me of on another thread) but in the past I was a member of a scheme that gave me access to legal advice, I have spoken to a barrister previously through this scheme on another matter and I think I am still a member. I am going to check if I am still a member of the scheme, and if I am I will discuss my case with a barrister or solicitor, whichever the scheme deems appropriate. I will let you know the outcome. I am also going to take Bankfodders advice in the sticky and go to the local court and ask if I can sit in on a case in the Judges office.
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    • Hi, Halifax recently sold a credit card account of mine to Cabot. I am unemployed and have no assets and was thinking of making token £1 payments for 12-18 months in order to drag things out a bit and reduce the chance of Cabot being able to get the correct CCA documents from Halifax if I requested them in future. However, I saw on the pages on this forum about defending county court claims that one of the standard approaches when defending such claims is to say “I had an account with bank X, but I don’t remember the details and so don’t know if I owe this debt…”. If I made £1 payments to Cabot, would it prevent me from using such a defence in future? OC: Halifax DC: Cabot/Wescot Card account opened: 2016 Defaulted: 2023
    • Paperwork says sealed consent order and composite settlement agreement      YES  ADDISONS DISEASE 
    • Hi, This may be the wrong place for a thread BUT If you receive a defence, can you send a CPR 31.14 request for document mentioned in the defence, and then apply to proceed with the case only after (14) days passed or they respond OR is it only if you receive a claim I see @dx100uk thread is for when you receive a claim, but can you also do the same when you receive a defence?
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Cabot Really ******* Me Off!!!!!


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Right. I have had a problem with Cabot and Scot call in the past, please see this thread

 

http://www.consumeractiongroup.co.uk/forum/general-debt/57462-scotcall.html

 

I sent a CCA to Scotcall and they couldn't provide the agreement.

 

Then I sent this letter to Cabot.

 

CABOT FINANCIAL (EUROPE) LIMITED

10 KINGS HILL AVENUE

KINGS HILL

WEST MALLING

KENT

ME19 4LT

 

 

 

06 April 2007

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR YOUR CLIENT.

Dear Sir/Madam

 

 

I have received correspondence from ScotCall Debt Collection Services regarding collection for a debt that I have no recollection of. ScotCall have advised they are collecting on your behalf.

I have issued ScotCall with a request, under the Consumer Credit Act 1974, for a copy of the original credit agreement, a copy of the deed of assignment, and a current statement detailing balances due on the supposed debt.

I issued that request on 5 February 2007 and it was received by them on 7 February 2007. ScotCall had until 25 March 2007 to supply these documents, they have so far failed to supply them and have committed a criminal offence under the Consumer Credit Act 1974.

I advise you now that following the process I have been through with ScotCall, and the fact they have not been able to provide proof of the alleged debt, I am now refusing to deal with them. I will only discuss any issues regarding this alleged debt with yourselves. Let me make that clear again, I WILL NOT correspond with any other company regarding this matter, I expect all correspondence to be from Cabot Financial (Europe) Ltd.

 

Now, as per my rights under the Consumer Credit Act 1974 (Sections 77−79), I request a copy of the credit agreement this alleged debt is in reference to. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of my credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

Yours faithfully

 

 

Today I have received a letter from Legal and Trade Collection Ltd. Despite what I said in my letter about only corresponding with them, and despite the fact I asked them to provide a copy of the original agreement, Cabot have just passed on the account again.

 

Stupidly I phoned Legal and Trade, and advised that this account has been pased to them as Scotcall were unable to comply with the CCA request.

 

I asked if they were in possession of the agreement and they advised they were not, but as I should have a copy then it does not matter.

 

I suppose I will have to go through the whole process again.

 

I thought however, that there were regulations in place to stop these companies from passing on these accounts from DCA to DCA?

 

Any help appreciated.

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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Nataly Hollinworth

Complaints Manager

Legal & Trade House

Preston

PR1 3EL

 

Write to the above address in the usual strong terms advising the debt is in dispute with Cabot and their attempts to collect are against OFT guidelines and construed as harassment. Any future contact will be reported to the police, Information Commissioners Office, TS and OFT.

 

The Student Loans Company tried this stunt on me and both companies have attracted interest from OFT.

He didn't come looking for trouble, but trouble came looking for him.

When the smoke clears, it just means he's reloading.

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Thanks.

 

Should I mention in the letter that the account has previously been passed to scotcall who, alomng with cabot have failed to provide a satisfactory response to a CCA request.

 

Many thanks

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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Hows this

 

Anything that wants changing please feel free to advise.

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR YOUR CLIENT.

 

 

 

Dear Sir/Madam

 

I write in reference to your letter dated 5th June which reads as though this is the latest of several letters from yourselves. This however is the first letter I have received from you, and the first I have ever heard of Legal and Trade Collections Ltd.

 

I will take this opportunity to advise you that this account is in dispute with Cabot Financial (Europe) Ltd (Cabot), and they are fully aware of this.

 

This account has previously been handed to Scotcall Debt Collection Services. I had on 2 February 2007, made a request to Scotcall for a copy of the original certified agreement as per S.77-79 of the Consumer Credit Act 1974. To date they have been unable to produce such a document. It seems that due to this they have passed the account back to Cabot.

 

On 6 April 2007 I wrote to Cabot and advised that Scotcall had been unable to supply the documents requited under S.77-79 of the CCA 1974. I also made the same request to Cabot, under the CCA 1974, for a copy of the original certified agreement, along with a postal order for the statutory fee of £1 as defined by the ACT.

 

Cabot has now committed a criminal offence by not supplying the information within the timescales defined by the Act. (12 working days from receipt, then 1 calendar month)

 

Your letter today is the first correspondence I have had since I wrote to Cabot. It seems that they have chosen to totally ignore my correspondence.

 

I suggest this account is passed back to Cabot, the continued attempts to recover this account, whilst it is in dispute are against Office of Fair Trading (OFT) guidelines and are construed as harassment, and any future contact will be reported to the police, Information Commissioners Office, Trading Standards and the OFT.

 

I look forward to your response confirming this account has been passed back to Cabot.

 

Yours faithfully

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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I'd be inclined to keep it very simple:

 

I refer to your letter dated xxxxx. Your clients are aware that this matter is in dispute, and your involvement is therefore a breach of the Office of Fair Trading Guidelines on Debt Collection. I am therefore unable to assist you, and will not enter into further correspondence with you.

 

If you contact me again, other than to confirm that you understand and will comply with your obligations under the OFT guidelines, I shall construe such contact as harassment and act accordingly.

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  • 2 weeks later...

Sent this letter on 15 July to Legal and Trade

 

Nataly Hollinworth

Complaints Manager

Legal and Trade Collections Ltd

33/34 Winckley Square

Preston

PR1 3EL.

 

 

09 June 2007.

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR YOUR CLIENT.

 

 

 

REFERENCE: ************

 

 

Dear Sir/Madam

 

I refer to your letter dated 5 June 2007. Your clients, Cabot Financial (Europe) Limited, are aware that this matter is in dispute, and your involvement is therefore a breach of the Office of Fair Trading Guidelines on Debt Collection.

 

Physical/psychological harassment

 

 

s. 2.5 Putting Pressure on debtors or third parties is considered to be oppressive

 

s. 2.6 Examples of unfair practices are as follows:

 

(d) not ensuring that an adequate history of the debt is passed on as

appropriate resulting in repetitive and/or frequent contact by different

parties

 

(e) not informing the debtor when their case has been passed on to a

different debt collector

 

(h) ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

 

 

 

 

 

 

Deceptive and/or unfair methods

 

 

s. 2.7 Dealings with debtors are not to be deceitful and/or unfair

 

s. 2.8 Examples of unfair practices are as follows:

 

(i) failing to investigate and/or provide details as appropriate, when a debt is

queried or disputed, possibly resulting in debtors being wrongly pursued

 

(k) not ceasing collection activity whilst investigating a reasonably queried or

disputed debt.

 

 

I am therefore unable to assist you, and will not enter into further correspondence with you.

 

If you contact me again, other than to confirm that you understand and will comply with your obligations under the OFT guidelines by passing this account back to your client, I shall construe such contact as harassment and act accordingly. This will include reports to the police, Information Commissioners Office, Trading Standards and the OFT.

 

A copy of this letter has been sent to Cabot Financial (Europe) Ltd

Yours faithfully

 

Also sent this letter to Cabot

 

CABOT FINANCIAL (EUROPE) LIMITED

10 KINGS HILL AVENUE

KINGS HILL

WEST MALLING

KENT

ME19 4LT

 

 

 

09 JUNE 2007

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR YOUR CLIENT.

Dear Sir/Madam

 

 

Please find enclosed a copy of a letter I have sent to Legal and Trade concerning their attempts to collect this disputed account.

As you are aware on 6 April 2007 I sent you a request under s.77-79 of the Consumer credit act 1974 requesting a copy of the original certified agreement including any documents referred to in the agreement, i.e. Terms and Conditions.

I also advised you that I was not willing to correspond with any other party but yourselves.

You have seemingly ignored my last letter, and referred the matter on to yet another Debt Collections Agent, whilst the account is in dispute. You will no doubt be aware that this is a breach of the Office of Fair Trading's guidelines on debt collection.

As you have not fulfilled your obligations following mmy s.77-79 request on 6th April 2007, you have now committed a criminal offence, and rendered the account unenforceable. I should now expect to receive a letter from you confirming this. Should you continue using underhand methods to try and collect this disputed account, then I shall make a complaint to the Information Commissioner, Trading Standards, and the OFT. I shall also, on receipt of further requests for payment, report you to the police for harrasment.

I look forward to hearing from you.

 

Yours faithfully

 

I've had a letter bacxk from iQOR, which is the new name for Legal and Trade, they are looking into the complaint.

 

As yet I have received nothing from Cabot.

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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  • 3 weeks later...

Got a letter offf Cabot last week.

 

Thank you for your recent letter, which was received in our office on 19th June 2007.

 

I regret that you have felt the need to contact Cabot Financial (Europe) Limited to express your dissatisfaction about our service.

 

I understand you are requesting a copy of the original application form and any other documentation referring to this account.

 

We are currently investigating your concerns and have therefore requested this documentation from Citifinancial and shall aim to provide you with our response as soon as this information has been forwarded to us.

 

We are in the process of recalling this account from Legal and Trade, so please ensure any future correspondence is sent directly to Cabot Financial (Europe) Ltd.

 

Please alo find enclosed a leaflet, which sets out the process that we take in order to deal with your complaint.

 

In the event you remain dissatisfied with our service and/or response after 8 weeks from the date we received your complaint, you may refer your complaint to the Financial Ombudsman Service. You will be able to find details about the FOS in the leaflet enclosed

 

in the meantime, please do not hesitate to contact us on 01732 755107 if you have any further queries. The customer Assurance department is open from 9am to 5pm Monday to Friday.

 

Yours Sincerely

 

Laura Jolliffe.

 

What are the chances Citi still have the original application. it was taken out in 1999?

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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You are not asking for the original application form - you want the signed, true copy of the credit agreement, a statement of account and the deed of assignment from the original creditor giving Cabot the right to collect. Anything less means Cabot hav (yet again) failed to comply.

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Got a letter offf Cabot last week.

 

 

 

What are the chances Citi still have the original application. it was taken out in 1999?

 

 

Just to let you know, I CCA'd Direct and Legal Collections, who were trying to collect an old Citi debt, on 2nd March. To date they have been unable to supply it, and I took it out, I think, 1998/9.

L/Woods B/Card/Cabot - Unenforceable CCA, SD Issued *WON+COSTS*

Capital One/Cabot - No CCA account irrecoverable.

Citi/DLC Hillesden - No CCA account irrecoverable

MBNA/Aegis - Unenforceable CCA

B/Card/HFO - Unenforceable CCA

Fashion World - No CCA account irrecoverable

TRUECALL IS A GODSEND!!

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  • 2 weeks later...

UPDATE:

 

Received another letter from cabot today.

 

Thank you for ypur letter which arrived in our office on 19th June 2007

 

I understand you are requesting a copy of the original application form (credit agreement) and any other documentation referring to this account.

 

As detailed in our previous correspondence, dated 9th July 2007, we have contacted Citifinancial and requested any relevant information referring to this account. We are still awaiting receipt of the same and are therfore unable to complete our investigations at present. Regrettibly, we are reliant upon Citifinancial to provide this information and we would be obliged if you could make a similar request to Citifinancial for this information.

 

I apologise for this delay and for any inconvenience that you may suffer as a result. We shall aim to provide you with our response as soon as we have been provided with the necessary documentation.

 

If you do not receive a response after 8 weeks from the date we received your complaint to us, you may refer your complaint to the FOS. You will be able to find details about the FOS in the leaflet enclosed.

 

In the meantime, please do not hesitate to contact us on 01732 755107 if you have any further queries. The customer Assurance department is open from 9am to 5pm Monday to Friday.

 

We thank you for your co-operation in this matter.

 

Yours Sincerely

 

Laura Jollife

 

Sent this letter via e-mail. Thanks to Tbern for his superb letter writing skills.

 

Without Prejudice

 

23 June 2007

 

 

Cabot Financial (Europe) Limited

PO Box 241

West Malling

Kent

ME19 4NA

 

Dear Sirs

 

 

Cabot Reference *******

 

Further to my letter which you received 19th June 2007 and the subsequent letters from Cabot dated 26th June 2007, 9th July 2007 and 19th July 2007, I was extremely disappointed to learn that you were not in possession of any documentation in relation to these disputed debts.

 

By not providing me with copies of certified true copies of the disputed credit agreements and statements for each account within the time limits defined by the Act, your company has now failed to meet it's obligations under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

 

77 Duty to give information to debtor under fixed-sum agreement

 

(4) 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.

 

78 Duty to give information to debtor under running-account credit agreement

a) state of account, and

b) the amount, if any, currently payable under the agreement by the debtor to the creditor

 

(6) 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.

 

I understand by failing to provide me with the documentation I requested on 6th April 2007, your company has committed a criminal act. I am now of the opinion that you are unfit to hold a Consumer Credit Licence as determined by the fitness test outlined in the Consumer Credit Act 1974 (section 25).

 

25 Licence to be a fit person

(2) a) contravened any provision made by or under this Act, or by or under other enactment regulating the provision of credit to individuals or other transactions with individuals.

d) engaged in business practices appearing to the Director to be deceitful or oppressive, or otherwise unfair or improper (whether lawful or not)

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Credit Consumer Act 1974 and therefore is a complete defence to any court claim that is issued.

 

Please note, I do not acknowledge any debt to Citifinancial ( Europe ) Ltd

I must insist upon the removal of any defaults entered against my name. You have 7 days to comply and confirm in writing or I will apply to my local County Court for an order to enforce compliance, together with damages at the discretion of the court. I will then be forced to make the relevant authorities, including but not limited to Trading Standards, The Office of Fair Trading, The Information Commissioners Office, The Financial Ombudsman and The Financial Services Authority aware that you have committed a criminal act.

 

I look forward to your quick response to my correspondence.

 

Yours sincerely

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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  • 7 months later...

Today I've had a letter from Cabot.

 

It encloses a bunch of statements from Citi, but still does not include a copy of the orig agreement.

 

They say I now have to contact their collections dept to arrange payment of the ourtstanding debt.

 

They claim that the statements proove that I have acknowledged the debt as I made payments on them, and as such want all monies due.

 

I don't dispute that there was a credit card, i dispute that Cabot have the right to collect this money, they have yet to provide the signed credit agreement.

 

What do I do now?

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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So what now.

 

Do i report them to the OFT/ TS/ Police in respect of harrasment?

 

Any advice appreciated.

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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Sent this letter via e-mail. Thanks to Tbern for his superb letter writing skills.

 

Quote:

Without Prejudice

I realise this was quite a while ago, however for your and others future reference please remember NOT to start your letters with "Without prejudice", as it means you are inferring that the material contained within is privileged and will not be relied upon in Court, and as such will usually be inadmissible in any legal proceedings.

 

Regards, Dave.

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  • 1 month later...

UPDATE:

 

Received a letter yesterday from Trading Standards. They say I don't have enough evidence that they have committed any offence.

 

What do I do now?

 

I want to get the default removed from my credit file. Is there a POC anywhere for default removal as I feel they have had their chance to resolve this matter. After all it is now almost 12 months since I sent the CCA request.

 

Any help appreciated.

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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Can anyone help, Please!!!!!

 

It is almost 12 months since I made my CCA request.

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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  • 1 year later...

Hi....

 

I know that I have not been on for a while but heres an update.

 

Citi repaid me the total of all my charges which was well in excess of the outstanding balance, but paid an amount of money off me to pay Cabot £205 as that is what Cabot had said was due

 

Cabot finally returned this account back to Citi after acknowledging that Citi were unable to provide the original agreement. and passed the account back to Citi with an amount outstanding of £189 which was the originalk amount when it was first passed to Cabot.

 

So I contacted Citi and got the difference back between £205 and £189, plus £100 compensation for the messing about.

 

However, during the time the account was with Cabot I paid them £65 as I was threatened with bailifs courts etc etc, and at the time I had not been aware of this site and my legal rights.

 

So I have written the following letter to Cabot. Can anyone advise if the letter is OK.

 

With regards to the payment for costs/compensation, I have written over 50 letters to Cabot during the time I was fighting them.

 

Any help or advice would be very much appreciated. I want to get this sorted out asap, even if I have to go via the FOS.

 

Dear Sirs,

 

 

I write to you today hoping that this whole situation can finally be resolved, failure to resolve this matter satisfactorily will result in further action being taken against your company.

 

 

The account in question has been returned to Citi following their failure to provide a true certified copy of the original credit agreement as per my request under the Consumer Credit Act.

 

 

During the period August 2006 to February 2007, I was forced by your collection agents Scotcall, to make payments to you totalling £65. These payments were made under duress following information from your collection agents concerning CCJ's and court fee's etc. I know now that was simply a scaremongering tactic, hence why I stopped payment of this money and requested a copy of the original agreement which you were unable to supply.

 

 

This account has now been settled with Citi, however the monies that I paid to Cabot, via Scotcall have not been taken into account when the account was passed back to Citi. I therefore write to request a refund of the monies that I paid to you.

 

 

As you were unable to provide the agreement I cannot see how you were lawfully allowed to charge any interest against this accouhnt, and therefopre should give me the total balance of the payment I made to you back to me within 14 days of this letter.

 

 

I am also requesting from you an amount of no less than £150 as payment towards all my costs and as compensation for the undue stress that has been caused whilst I have tried to resolve a matter that should never have been passed to you. During the time I have been corresponding with you I believe you have behaved unprofessionally and have made undue threats against me with regards to taking court action against me. At no time did you take this action, and I believe that you unduly harrased me into making payments onto an account that you admit to not being able to identify as being lawfully enforceable.

 

 

I will give you 14 days from the date of receipt of this letter to make payment in full to me. The total payment payable is no less than £215.

 

 

Failure to resolve this matter will result in further action being taken.

 

 

I look forward to your satisfactory response to this matter. Should your response not be satisfactory, then I will refer this matter to the Financial Ombudsman Service. I shall also file a report of theft with the police authorities, and will contact both Trading Standards and the OFT with details of your behaviours during the course of this matter.

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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Can anyone please offer any advice?

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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Has Cabot returned the account to Citi? Why write to Cabot, then? Are Cabot collecting, now, rather then owning the account?

 

How is the account settled if they are still chasing payment?

 

If the debt is settled, they don't have to provide a copy of the agreement under the CCA anyway - you need to send a DPA SAR :confused:

 

You can claim restitution, but I think there's little chance you can recover interest and payments made, IMHO. I know others disagree, but there you go.

 

What are you claiming costs based on? You haven't won in Court yet, so I think that's showing a lack of experience, IMHO. If you say I want paid this for work completed so far, they aren't going to give it to you. Far better to challenge the other issues, then send a LBA outlining what you want, by when, or what will happen. From the looks of it, this letter is an initial approach?

 

Same for undue stress - unless you can prove you've satisfied the criteria for such a claim, it's not that time to include it, here.

 

What further action? What will you do if they don't comply with what you've asked for?

 

Forgive me, but wouldn't the account in dispute template be more appropriate, here?

 

Default removal - how serious is that? It's not an easy route to take. Some links in my sig that will help with it, though.

 

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Has Cabot returned the account to Citi? Why write to Cabot, then? Are Cabot collecting, now, rather then owning the account?

 

How is the account settled if they are still chasing payment?

 

If the debt is settled, they don't have to provide a copy of the agreement under the CCA anyway - you need to send a DPA SAR :confused:

 

You can claim restitution, but I think there's little chance you can recover interest and payments made, IMHO. I know others disagree, but there you go.

 

What are you claiming costs based on? You haven't won in Court yet, so I think that's showing a lack of experience, IMHO. If you say I want paid this for work completed so far, they aren't going to give it to you. Far better to challenge the other issues, then send a LBA outlining what you want, by when, or what will happen. From the looks of it, this letter is an initial approach?

 

Same for undue stress - unless you can prove you've satisfied the criteria for such a claim, it's not that time to include it, here.

 

What further action? What will you do if they don't comply with what you've asked for?

 

Forgive me, but wouldn't the account in dispute template be more appropriate, here?

 

Default removal - how serious is that? It's not an easy route to take. Some links in my sig that will help with it, though.

 

OK here is what happened

 

1) Account referred to Cabot by Citi with a balance of £189 in Nov 2004

 

2) Between Aug 06 and Feb 07 paid £65 to Cabot following dorstep call from Scotcall where I was lied to and threatened with bailifs, courts etc so arranged to pay agreement.

 

3) Feb 07 found information regarding CCA agreement etc from CAG and stopped paying, requested CCA.

 

4) Many letter issued to Cabot and the many DCA's they used asking them to stop harrassing me and send the agreement.

 

5)June 2009 Citi refund all CC charges, but withold £205 they claim Cabot have said is outstanding.

 

6) June 2009 Cabot return account to Citi with an outstanding balance of £189. They claim not to have received £205 from Citi.

 

7) I contact citi regarding the difference between £205 and £189 and the payments I made, Citi refund me the difference between £189 and £205.

 

Citi are unaware of any of the payments I made to cabot, they (cabot) returned the account with exactly the same balance as was issued to them in 2004.

 

I however have paid Cabot £65, this has not been taken into account. citi say it is nothinbg to do with them, Cabot claim they were allowed to charge me due to the intrest that is due on the account as per the agreement (an agreement they could never provide)

 

I am looking to recover the monies I paid to Cabot.

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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OK here is what happened

 

1) Account referred to Cabot by Citi with a balance of £189 in Nov 2004

 

2) Between Aug 06 and Feb 07 paid £65 to Cabot following dorstep call from Scotcall where I was lied to and threatened with bailifs, courts etc so arranged to pay agreement.

 

3) Feb 07 found information regarding CCA agreement etc from CAG and stopped paying, requested CCA.

 

4) Many letter issued to Cabot and the many DCA's they used asking them to stop harrassing me and send the agreement.

 

5)June 2009 Citi refund all CC charges, but withold £205 they claim Cabot have said is outstanding.

 

6) June 2009 Cabot return account to Citi with an outstanding balance of £189. They claim not to have received £205 from Citi.

 

7) I contact citi regarding the difference between £205 and £189 and the payments I made, Citi refund me the difference between £189 and £205.

 

Citi are unaware of any of the payments I made to cabot, they (cabot) returned the account with exactly the same balance as was issued to them in 2004.

 

I however have paid Cabot £65, this has not been taken into account. citi say it is nothinbg to do with them, Cabot claim they were allowed to charge me due to the intrest that is due on the account as per the agreement (an agreement they could never provide)

 

I am looking to recover the monies I paid to Cabot.

 

So your current claim is against Cabot. You need to write to them explaining all that, it isn't clear in the previous letters, and say that you were mislead in to paying them and believe you have paid by mistake so require a refund of all payments made during the time they held the account. If they don't comply, send a LBA, then take Court action.

 

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So would this letter suffice in the first instance?

 

Dear Sirs,

 

I write to you today hoping that this whole situation can finally be resolved, failure to resolve this matter satisfactorily will result in further action being taken against your company.

 

The account in question has been returned to Citi following their failure to provide a true certified copy of the original credit agreement as per my request under the Consumer Credit Act.

 

During the period August 2006 to February 2007, I was forced by your collection agents Scotcall, to make payments to you totalling £65. These payments were made under duress following information from your collection agents concerning CCJ's and court fee's etc. I know now that was simply a scaremongering tactic, hence why I stopped payment of this money and requested a copy of the original agreement which you were unable to supply.

 

This account has now been settled with Citi, however the monies that I paid to Cabot, via Scotcall have not been taken into account when the account was passed back to Citi. I therefore write to request a refund of the monies that I paid to you.

 

As you were unable to provide the agreement I cannot see how you were lawfully allowed to charge any interest against this accouhnt, and therefopre should give me the total balance of the payment I made to you back to me within 14 days of this letter.

 

During the time I have been corresponding with you I believe you have behaved unprofessionally and have made undue threats against me with regards to taking court action against me. At no time did you take this action, and I believe that you unduly harrased me into making payments onto an account that you admit to not being able to identify as being lawfully enforceable.

 

I will give you 14 days from the date of receipt of this letter to make payment in full to me. The total payment payable is £65.

 

Failure to resolve this matter will result in further action being taken.

 

I look forward to your satisfactory response to this matter. Should your response not be satisfactory, then I will refer this matter to the Financial Ombudsman Service. I shall also file a report of theft with the police authorities, and will contact both Trading Standards and the OFT with details of your behaviours during the course of this matter.

 

Is it worth trying to claim any kind of payment in compensation considering they did not act within the laws as set by the various Statutes and the rules set by the OFT?

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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