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Windywoo

Cabot v Windywoo - HELP-SD ISSUED *** WON + COSTS ***

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I would also love to join the Cabot club!:D

 

I received their "Hello" letter yesterday, they have bought a credit card debt which I could not afford to pay from Barclaycard/Littlewoods.

 

Following the invaluable advice on this forum, I had already CCA'd Littlewoods at the end of May. They responded with the unsigned application form, no T&C,'s or statement of account, and as they hadn't come up with the goods, I was biding my time!

 

I will CCA Cabot in the meantime, no doubt they will come up with the same document.:D

 

I have sent off my SAR request, and have received all statements, but as yet haven't had the time to start my claim.

 

Reading through the other threads, looks like they can be tough, so I may need some help!!:mad:


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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Sounds like you are doing fine on your own. But I think you need to expect to have to take Cabot to court at some stage. They just don't admit when they are wrong.

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Thanks Seahorse, I've just had a phone call the number is 08009172225. Of course I didn't answer it, but did a bit of research via the "Say No To 08700" web site, and yes it's our friends Cabot!:evil:

 

Fortunately I've got Call Barring, so hopefully will not be receiving any more of their calls, unless they have other tactics up their sleeves, like Capital One, whereby they use at least six different numbers. We shall see!!:)


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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I have been looking at the "deed of assignment" they sent me with their hello letter. It quite clearly looks as if it's one they have produced themselves, the format of the letter looks nothing like the ones you get from Barclaycard and to top it all the account number is incorrect!

 

Your advice please!!:-?


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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Keep it for later. ;) That's enough to question the assignment in itself.

 

To be fair to Cabot, they do stop phoning on request. They may not like it, but they do.

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Just an update!

 

Sent the CCA request on Monday recorded delivery.

 

At work yesterday morning, and lo and behold, a phone call from a company calling themselves Cabot!!

 

The male individual on the other end of the line sounded very agressive, he told me I have an account with them, I said, have you evidence of that, he said, yes, it's here in front on me! He then went on to ask for my personal details, I told him, I do not divulge my details over the phone, he then went on to ask again, I repeated what I had already said, and put the phone down.

 

I immediately put a barr on their calls:grin:


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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Should I send the phone harrassment letter to them?


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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Yes, and I'd indicate on it that the caller you mention was rude and agressive, and it's the last thing you expect from a company who are supposedly held in high regard within the debt collection industry. Demand an apology. In writing, obviously. :D

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Yes, and I'd indicate on it that the caller you mention was rude and agressive, and it's the last thing you expect from a company who are supposedly held in high regard within the debt collection industry. Demand an apology. In writing, obviously. :D

 

Yeah, Demand it be written in blood ;-)


Just hate every DCA out there

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Just an update!

 

Got a phone call, at work, from Cabot on Wednesday afternoon. As there is nobody there in the afternoons, they kindly left me a message, inviting me to ring them, "it's about the letter we received from you yesterday" you can ring at Blah Blah phone number, at Blah Blah time! It's obviously the CCA request I sent recorded on Monday, at least they can't say they didn't receive it!!:D

 

Needless to say, I shan't be bothering!!:D


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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Did they leave this message on a system that is available to everyone at your work? And if so, did they mention which company they were, or just leave a number to call?

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Hi Seahorse, fortunately I work on my own, so it would be only me who heard it, but, they don't know that!! I could work in an office with fifty other people!!:mad:

 

Yes, left full details of who they were, and message as in post 10:mad:


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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Stupidly I wiped it off in disgust. I think with BT I could have only saved it for thirty days anyway!!


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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Still worth complaining about though. Keep a note of the date and time. They SHOULD have a log of calls made, but if they do, I don't remember seeing any info in my SAR bumff. But you never know.

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I have just received a very nice letter from Emma Robertson, ref CCA.

 

 

Dear Windywoo,

 

Thank you for your letter dated 15th July 2007.

 

Please find enclosed your postal order for the £1.00 fee required under section 77 to 78 of the Consumer Credit Act, as we do not accept this statutory fee.

 

Cabot will always assist the customer and the creditor in providing information and therefore we can confirm that Cabot have requested the relevant documentation from the vendor Barclaycard, and on receipt this will be forwarded to you accordingly. There may be sometimes delay in providing the documents, as the vendor may have to retreive these from their archives. Therefore we would appreciate your patience and cooperation in this matter.

 

In the meantime, please do not hesitate to contact us on blah blah!!

 

Yours sincerely

Emma


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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Dear Windywoo,

 

Thank you for your letter dated 15th July 2007.

 

Please find enclosed your postal order for the £1.00 fee required under section 77 to 78 of the Consumer Credit Act, as we do not accept this statutory fee.

 

Cabot will always assist the customer and the creditor in providing information and therefore we can confirm that Cabot have requested the relevant documentation from the vendor Barclaycard, and on receipt this will be forwarded to you accordingly. There may be sometimes delay in providing the documents, as the vendor may have to retreive these from their archives. Therefore we would appreciate your patience and cooperation in this matter.

 

In the meantime, please do not hesitate to contact us on blah blah!!

 

Yours sincerely

Emma

 

 

Looks like a new template letter; I wonder if there's been a complaint about the previous one's blatant disregard of the statutory time limits provided by DPA 98?

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It's just a rehash of their old one, with the bit added in about sending back the £1 fee. I made a point of querying their right to it if the CCA really doesn't apply, and they sent me a £1 cheque. Which I haven't cashed.

 

I think you need to write back and say something like, you "appreciate them returning the fee, and you thank them for their generosity in attempting to comply with the request under sections 77, 78 of the Consumer Credit Act 1974."

 

I'd also put in something like, "However, I must point out your error in your response, in that YOU are now the creditor. I trust you will see to it that your template is corrected."

 

They really should stop getting their work experience schoolkids to draft these templates. :D

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Letter in the post this morning!!!:D


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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Letter in the post this morning!!!:D

 

Windy,

 

Not forgetting that Barclay's (Monument) and Cabot have a contract in place which requires Cabot to take over the responsibilities of any debt (as well as the rights). This contract also states that debts are sold under s136 of the LoP Act 1925.


Just hate every DCA out there

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Windy,

 

Not forgetting that Barclay's (Monument) and Cabot have a contract in place which requires Cabot to take over the responsibilities of any debt (as well as the rights). This contract also states that debts are sold under s136 of the LoP Act 1925.

 

Be interesting to see how they wriggle out of things now cats are being let out of bags :lol: :lol:

 

Seems they have a whole new ball game ahead of them in "how to trade legally and not be a Rogue" :lol: :lol:


My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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Cabot have defaulted today, unless something turns up in the post this morning, but I doubt it! Littlewoods/Barclaycard could only provide an unsigned copy of the application form, so Cabots won't be able to do better!:D

 

Received a nice letter from them yesterday as regards to their complaints procedure, I think I will sit it out until the are in criminal default!:D


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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Only 8 more days to go, and nothing from them yet!:D


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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I have been looking at the "deed of assignment" they sent me with their hello letter.

This is a quote from your first post. Are you sure they sent you the deed of assignment? Not just a letter of assignment?

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