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

[Windywoo]

Probably a letter of assignment, a very bad one at that!!

[Cabotkicker]

lovely Emma sent me my pound back as well, with the same letter! I'm sooo disappointed, as I thought she might be getting all personal with me!

 

funny how they don't acknowledge the Act, but still react to our request! Why not just daft up another template, explaining that they don't have to send us anything, so pay up, or else...?

[elizabeth1]

lovely Emma sent me my pound back as well, with the same letter! I'm sooo disappointed, as I thought she might be getting all personal with me!

 

funny how they don't acknowledge the Act, but still react to our request! Why not just daft up another template, explaining that they don't have to send us anything, so pay up, or else...?[/quote]

 

 

Now that would be like hard work for them - they have a few templates now - we best not see them over do tbings, they'll only get confused

[Windywoo]

One more day, and they are in criminal default!

 

I got home from work yesterday to find a West Malling telephone number on my phone, I rung it on my mobile, withholding the number of course, but it wouldn't accept my call!!? Obviously Cabot, even though they have had my harrassment letter!!

[pmhcfc]

One more day, and they are in criminal default!

 

I got home from work yesterday to find a West Malling telephone number on my phone, I rung it on my mobile, withholding the number of course, but it wouldn't accept my call!!? Obviously Cabot, even though they have had my harrassment letter!!

 

Are we to summise that their telephone system will now not accept calls that are preceeded with 141 ? Hmmmmm...More letters to be written then..Lets see if we can really test their wonderful new £250,000 letter sorter outer.

[Windywoo]

Arrived home today, and hey presto, another West Malling number called my phone. They must be using Capital One tactics, whereby they have about 10 different numbers to harrass you with!! I put a barr on that number as well, interesting to see who calls next!!

 

BTW these are the numbers: 01732847763, and 01732842650

 

And, I tried to phone back, not withholding my number, and the line went completely dead!!

[elizabeth1]

Arrived home today, and hey presto, another West Malling number called my phone. They must be using Capital One tactics, whereby they have about 10 different numbers to harrass you with!! I put a barr on that number as well, interesting to see who calls next!!

 

BTW these are the numbers: 01732847763, and 01732842650

 

And, I tried to phone back, not withholding my number, and the line went completely dead!!

 

 

Must be using the Automated Dialer system that they have in Rugby known as the "Messaging Services" these charmers share the same bed as Cabots Solicitors in Glebe House = Clifton Road Rugby

 

It'll show up in your SAR - have a look about our CFC threads we have written about them before - (seahorse, debt mountain, Rhia, Pmhcfc, Andrew1 )

[Windywoo]

Not a thing from Cabot as regards to my CCA request, they're now in criminal default, a complaint to TS coming up!

[Windywoo]

Still nothing from Cabot, I reported them to TS, lets see what they have to say!!!

[ChocolateOreo]

Great thread so far... hope you guys get Cabot eating their own cake.

 

Cabot have been trying in vain to get £900 for part of an item that subsequently had a fault and had to be returned in the end (another story, suffice to say I don't owe any money).

 

Anyway, I had moved without leaving a trace of my new address there (only with those who mattered), but they still have a mobile number (with no registered address ) - so they like to call quite a lot. It has been a lot of fun answering the calls though, wasting their time and teasing that I'm not going to ever give them a crumb of personal info or even the colour of my jumper. Adds to their phone bills, so anything to bring 'em down, I say. When I'm busy or not in the mood, I don't answer. They're getting quite irate on the phone now, so it's quite funny.

 

Oreo

[elizabeth1]

Don't worry - half the time it's those messaging people in Rugby - they bunk in with Hodsons solicitors at Glebe House.

[Windywoo]

Well Well !!!!

Todays post has just arrived, and a letter from Cabot:

 

Dear Windywoo,

 

Our response to your complaint.

 

I refer to your letter, which was received in our office on 18th September 2007.

 

I regret that you have felt cause to complain to Cabot and apologies for any inconvenience that you have suffered in relation to this matter.

 

Cabot has previously supplied you with an interim response on 18th September, 28th September and 10th October 2007 and I shall set out our final position in this matter below.

 

I understand you have previously requested further documentation relating to the above account.

 

The Cabot Group purchased your account from Barclaycard Littlewoods, the original lender, on or about 29th June 2007. The Cabot Group, the assignee of your account, is entitled to collect the outstanding balance on your account and also enforce the orginal terms of the credit agreement. Although Cabot does not have an obligation under section 77 and/or 78 of the CCA 1974 to supply the information, Cabot will assist customers in order to provide information. Cabot does rely on the original lender to provide information in order to assist with your enquires.

 

However, please find enclosed a copy of the credit agreement, which you signed with the original lender. Please note that on the copy of the agreement your signature is supported by the statement "This is a Credit Agreement regulated by the CCA 1974. Sign it only if you want to be legally bound by its terms". Therefore this constitutes a valid credit agreement which is regulated by the CCA 1974 and under the terms of the agreement.

 

Furthermore please be advised that although the original copy may not be available, Barclaycard Littlewoods has supplied Cabot with a copy of the original which you signed and satisfies all requirements of both Barclaycard Littlewoods and Cabot. Under section 78 on the CCA 1974 it states "the creditor...shall give the debtor the copy of the executed agreement (if any) and stress the words "if any". As re-iterated above, Cabot has been provided with a copy of the agreement from Barclaycard Littlewoods and therefore, this satisfies all obligations of both parties.

 

You have stated that you do acknowledge any account held by Cabot. However, when Cabot purchased your account, Barclaycard littlewoods sent a letter confirming assignment of the above account. For your ease of reference, please find enclosed a reproduction copy from Barclaycard Littlewoods.

 

I can confirm the current outstanding balance on the above account is £X and I would respectfully recommend you contact our collections department within 14 days on ......... to discuss the available options in order to settle the above account. I must inform you that we require you to cooperate in resloving this account and if this does not transpire, Cabot will have no alternative but to escalate your account through our collection procedures.

 

I trust I have set out our position clearly, However, if you remain dissatisfied with our final response, you may bring the m,atter to the attention of the FOS, within six months of this letter, who may investgate the same.

 

Yours sincerely

Jane Rodemark.

 

OK, what they have sent me is an illegible copy of the same application form I originally had from Barclaycard, the reproduction of the "goodbye" letter is completely different from the one they originally sent me, and again the account number is incorrect. These people are pulling a fast one!! How do you think I should respond to this please!

[Seahorse]

Report to all and sundry, send them a LBA along the lines of cease and desist processing my data and write to tell me you are dropping all this bollix, give them a reasonable time to respond, then take them to court.

 

Unless of course you are not bothered about a default, in which case just tell them that if they fancy wasting the court's time, you'll be quite happy to defend, thanks very much.

[42man]

I can't find one Windywoo but there are letters that numerous caggers have written saying that it is an application, not legible, and it doesn't have the prescribed terms and conditions, the account number is not mine etc etc.....AND bear in mind that if it came to a legal situation they would HAVE to produce the ORIGINAL AGREEMENT - NOT AN APPLICATION FORM....

[elizabeth1]

Windy I just did my own letter to have a nag at them about application form etc.. just a Lizzy rant at them I didn't see a template anywhere either.

[make them aktiv runners]

The Cabot Group purchased your account from Barclaycard Littlewoods, the original lender, on or about 29th June 2007.

 

Well the above gives you loads of confidence in their abilities - they cannot even say the date of purchase!!!!!!!

[Windywoo]

OK, sent Bog Off letter to Cabot, which they signed for on 14th. Still early days for their response but will wait and see what they come back with!

 

Reported them to Trading Standards, received letter from them this morning:

 

Dear Windywoo

 

Further to your recent enquiry about Cabot. I want to thank you for providing this information and to confirm how we can help.

 

Trading Standards offers advice and information to help consumers resolve disputes, avoid problems and make informed choices. In doing so, we identify the most appropriate way to help. Sometimes Trading Standards is the best placed to do this, in other cases, specialist independant organisations exist to help you.

 

The origins of your complaint appear to stem from an alleged outstanding debt with Barclaycard Littlewoods, the alleged debt having been bought later by Cabot. I regret that the TS does not have the expertise in the field of money advice or debt counselling, however there are organisation that do.

 

Looking at the information that you kindly supplied, I am assuming that you have already sought specialist advice in this regard. Big thanks to all CAGers!!!! However, I enclose details of Norfolk Money Advice should you require this.

 

I have noted your concerns at the contents and legibility of the copy of the agreement sent to you by Cabot, as well as their comments about the validity of such an agreement. If Cabot believe they have the right to enforce this alleged debt, ultimately they would need to assert this claim via the County Court. Whether or not any such agreement is enforceable is a matter for the court to determine.

 

However, rather than this matter potentially leading to court action, both consumers and businesses are encouraged to use alternatives where possible. The finance and insurance industry is regulated by a central government agency called the FSA. There is also an independant ombudsman scheme called FOS.

 

The Ombudsman covers things like banks, building societies and insurance firms. It offers consumers an independant service for resolving complaints. I note that Cabot have mentioned the FOS in two previuos letters.

 

On the understanding that you have reached stalemate with Cabot (ie you have already followed their internal complaints procedure). I believe that the most appropriate agency to assist further is the FOS. If you have not already done so, I recommend that you contact the FOS and ask them to investigate. You can also let the FSA know your concerns at any time.

 

List of relevant contacts.........etc.

 

Well, I don't know what other people think of this response, but I think TS are playing Devils Advocate here......sitting on the fence! Comments please!

[Seahorse]

In other words, p1ss off and bother somebody else about this.

 

It's how I read it, anyway.

[Edz11]

xx

[Windywoo]

OK, this is what came through the post today!

 

Do they seriously think that this piece of rubbish can be passed off as a CCA! along with 12 months statements, no T&C's!

 

Advice on what to do next please!

File0011.PDF

File0012.PDF

File0013.PDF

[Edz11]

Is your copy any clearer? There are no visible prescribed terms - it has to be legible and this does not fall under the heading of "legible".

 

They have not kept up with course work;

http://www.consumeractiongroup.co.uk/forum/cabot/104668-cabot-windywoo-post1244650.html#post1244650

will explain what "if any" (in terms of the supply of a copy of the executed agreement) actually means.

[Windywoo]

No, thats exactly as they sent me, as clear as mud!!

[Rhia]

An application form and statements would not constitute and enforecable agreement. Statements only show there was some activity between the parties but it is what is in the original agreement that can prove what you actually agreed to such as APR etc etc.

 

 

They really do think we fell off a Christmas tree don't they?

[Windywoo]

I originally CCA'd Barclaycard months ago, this was the exact document they came up with, a bit more legible though, and no T&C's either. If they couldn't produce the correct documents then Cabot won't be able to either. Any ideas on how to respond to this, I don't think Cabot are going to go away quietly......I have already taken it up with TS, if you read my thread, you will see their response. FOS next I think!!

[Edz11]

Windy - if you've ten spare minutes during today it might be a good idea to fire a letter off to TS in reply to that you had off them.

 

Just ask that in view of their reply, you take it that they are refusing to comply with their statutory duty to enforce the Consumer Credit Act 1974.

 

Short and simple.