Skint single mum v Cabot financial

[Lana241]

forgot, they're not on my credit report though, but just incase they do decide to add something on, am well and truly armed to the teeth now lol

 

Thanks again

Lana

[Lana241]

Well guys, finally had a letter from Cabot, a couple of months after the CCA request lol

 

Its like this.......

 

"Our records show that you have not yet responded to our previous letter in which we supplied you with further information (they did not by the way).

 

Your account is on hold for 14 days so that you can contact one of our Account Officers to discuss repayment. However, if you feel that your dispute requires further investigation please contact Nuria in our Customer Relations Team on *** with your reasons.

 

Please note that if we do not hear from you within 14 days we may have no option but to return your account to our Collections Department for further action."

 

I'm now in the middle of drafting a very angry letter/email and any help would be appreciated if some of you could spare the time.

 

Thanks

Lana

[djdave]

How about something like this:

 

Dear Fools,

 

I am in receipt of your letter dated XX September. For the avoidance of doubt, I do not acknowledge any debt to you or your clients.

 

 

 

I note with some surprise that you claim to have sent me the information I requested. You will recall that I wrote to you on [date] to obtain a copy of the executed agreement which you claim exists, enclosing the £1 statutory fee. This is my right under the Consumer Credit Act 1974.

 

You will be aware that under the Act you had 12 working days from receipt of this request otherwise the account is in default. This time has now elapsed and no such documentation has been supplied.

 

You will also be aware that if the default continues for a further month then you commit an offence. Should this occur I would have to refer the matter to both Trading Standards and the Office of Fair Trading.

 

I trust that given your failure to supply an executed agreement you will now close this account and contact any third parties with whom you have shared my data and instruct them to erase such data. I also expect that you should cease storing and processing my data.

 

My consent to process data would have been in the form of a signed and enforcable credit agreement. As you have not been able to demonstrate that you have such a document you do not have my consent to process my data, and in any case I now revoke any such consent as I believe that processing my data is likely to cause damage and/or distress.

 

You should treat this letter as a Data Subject Notice and I would remind you that you have, by statute, 21 days to comply or to inform me to what extent if any you intend to comply.

 

You should also treat this letter as a formal complaint.

 

I look forward to your prompt response.

[Jeff2000]

You should also treat this letter as a formal complaint.

 

I look forward to your prompt response.

 

 

Hi,

 

 

Also, ask them for full details of their complaints procedure.

 

They have eight weeks to comply!

 

 

Regards, Jeff.

[Lana241]

Many thanks to you both for that advice......nicely worded letter djdave.....winging its way to them.

 

Thanks again both of you

Lana

[Lana241]

Hi guys, me again

 

Its been some while since I had any communication from Cabot since my last angry gram. Received the usual, sorry you found the need to complain etc but they did send me the complaints procedure within the specified time.

 

The last letter i had from them is quite confusing and, seeing as i'm out of my depth with CCA and stuff wondered if any of you nice people could help seeing as I requested the CCA back in June 07 and am still waiting.

 

Their reply goes like this......

 

I refer to your letter which was received in our office on 28 September 2007.

 

I regret that you have felt cause to complain to Cabot Financial (Europe) Limited and apologise for any inconvenience that you may have suffered in relation to this matter.

 

I understand that your complaint relates to a request you have made for a copy of your credit agreement and statements with Creation, the original lender. We have previously supplied you with an interim response dated 28th September, 12 October and 24 October (which basically states they havn't supplied the credit agreement but bear with them) and shall set out our final position in relation to this matter below.

 

The Cabot Financial Group purchased your debt fromCreation on or about 6 August 2004.

 

In your email dated 28 September you make reference to your letter dated 14 June 07 in which you state that you are entitled under sections 77-78 of the Consumer Credit Act 1974 to a copy of the credit agreement that you signed with Creation. Although Cabot does not have an obligation under section 77 and/or 78 of the Consumer Credit Act 1974 to supply this information, Cabot will assist the original leder and customers in providing this information.

 

We have made several urgent requests to Creation to forward any documentation relating to your account to us. Unfortunately, Cabot has not received documentation due to a delay in retrieving this information from their archives. We shall, however, continue to pursue this information and on receipt of the requested documentation, shall forward to you accordingly.

 

Please be advised, that the failure to provide a copy of your agreement in time does not affect the legality of your debt with Cabot Financial Group but merely renders the credit agreement unenforceable until such time the agreement can be produced. As aforementioned, Cabot does not have a duty to provide this information and therefore section 78 of the Consumer Credit Act does not apply to us. As a gesture of goodwill, Cabot has and shall cease any collection activity until such time the credit agreement is supplied to you.

 

I trust I have se tout our position clearly, However, if you remain dissatisfied with our final response, you may bring the complaint to the attention of the Financial Ombudsman Service, within 6 months of this letter, who may investigate the same. Please find enclosed a leaflet from the FO.

 

If you have any further queries please contact on.......

 

Right guys, i've never admitted any debt as mentioned before, the agreement if its what I think it is, is well over 6yrs so can anyone advise what I do next.

 

Do I just ignore this and write it off and complain, any ideas?

 

Thanks

Lana ;-)

[itsamomentintime]

congratulations - its all over!!!!

 

they are admitting that they have no agreement. happy new year!!

[Lana241]

weh hey, thanks for that, finally won something pmsl

 

Just want to say a big thank you to everyone on here for all the help you've given me with these nasty crapbot people.

 

I really do appreciate it and have told everyone at work who'll admit quietly that they have money probs about this site.

 

I really do appreciate all your help and thank you all again.

 

Happy new year to you all

Thanks

Lana

[Jeff2000]

Hi,

 

 

Yes, it would seem that they are admitting, in a round about sort of way, that they do not have a copy of your agreement and are unlikely to ever get one!

 

 

Best wishes, Jeff.

[Lana241]

Thanks Jeff, seems they have given up eh.

 

Was thinking of shredding letters in celebration but think i might just hold on to them for a while.

 

Nice to have some good news for a change.

Lana

[Jeff2000]

Thanks Jeff, seems they have given up eh.

 

Was thinking of shredding letters in celebration but think i might just hold on to them for a while.

 

Nice to have some good news for a change.

Lana

 

 

Hi,

 

 

I would definitely keep hold of those letters and any other docs you have.

 

You never know what little sneaky underhand tricks they might try and pull in the future!!!

 

Or is that just me being cynical!!?

 

 

Best wishes, Jeff.

[Rhia]

They're stuffed but agree with Jeff hang onto those letters and paperwork. I would send them a very snotty reply about them chasing you for an unproven debt without any supporting documents. In fact i would do that and cover it into Trading Standards and the Office of Fair Trading and really make their day. They are just too keen on hassling for debts they can't prove.

[Seahorse]

Don't forget the FOS. As Rhia says, they were winging it trying to collect on a debt that they were, quite frankly, hoping you would pay up on in ignorance.

 

Mr FoS: "£400 please for your foolish mistake Cabot." KerCHING!!

[Seahorse]

In fact, Curlyben's post here is just the ticket for an insight into complaining to the OFT...

 

http://www.consumeractiongroup.co.uk/forum/cabot/79755-scarletpimpernel-cabot-2.html#post1316374

[Cabotkicker]

good news, hope they leave you alone now. But I'd check your credit rating to see if they've put anything on there, and create a stink if they have...