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

[Windywoo]

I would also love to join the Cabot club!

 

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.

 

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!!

[Windywoo]

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!

 

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!!

[Windywoo]

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!!:-?

[Windywoo]

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:

[Windywoo]

Should I send the phone harrassment letter to them?

[Windywoo]

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!!

 

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

[Windywoo]

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!!

 

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

[Windywoo]

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

[Windywoo]

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

[Windywoo]

Letter in the post this morning!!!

[Windywoo]

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!

 

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!

[Windywoo]

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

[Windywoo]

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

[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!!

[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!!

[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!!!

[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!

[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!

[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

[Windywoo]

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

[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!!

[Windywoo]

Dear Windywoo,

 

Our response to you complaint.

 

I refer to your letter, which was received on the 5th December 2007.

 

Cabot has previously clarified the points raised in this letter and we believe your arguements are unfounded. However, please find below our further response to the points raised.

 

You have stated in your letter that Cabot has failed to provide you with a copy of the credit agreement. I would advise that Cabot has previously supplied you with a copy of the credit agreement, which you agreed and consented to with Barclaycard Littlewoods, which is sufficient. Furthermore, in consideration of your acceptance of the agreement, you received the availabilty of credit from BL by the way of a credit card, which you have utilised as clearly indicated by the account statements, which was also enclosed in previous correspondence. Notwithstanding, we

note your comments in relation to the legibilty and the prescribed terms.

 

With regards to your referral to section 127(3) of the Consumer Credit Act. I must respectfully advise you that this subsection of the Act has been repealed and therefore you cannot rely on this. Futhermore you have not suffered any prejudice, the agreement will be enforceable as you have used the funds available to you and failed to repy them as evidenced by the statements we have enclosed again.

 

In light of the above it is evident that the debt exists and that you are required to settle the outstanding balance with Cabot. Therfore I urge you to contact our collections department on blah blah within the next 7 days to arrange repayment on this account. Failure to do so will result in your account being escalated through our collections procedures.

 

I note that you consider taking further aciotn. Please be advised, that Cabot has at all times acted appropriately and in accordance will all laws, regulations, codes of practice and guidance applicable to this industry and any legal proceedings initiated against the CFG shall be vigorously defended and counterclaim shall be entered for the full oustanding balance.

 

Ok, this is the latest letter they have sent me.

 

They are clearly trying to bluff their way out of this one, the highlighted section is incorrect, section 127(3) does apply in CCA1974.

 

Wrote them a gem of a letter in reply, pointing out the error of their ways, trying to mislead on points of law. They obviously know they are not going to win on this one, and are going down every devious route!

 

I will see what rubbish they come back with, however, in light of no agreement, and to get rid of them I may make a token offer!

 

What do other CAGers think?

[Windywoo]

OK! an update!!

 

Well, since sending my last masterpeice, I posted it on 20th December, there hasn't been another word!! Is it possible they have given up??

Still, give them their dues, it may take them a couple of weeks to get over the Christmas hols, and, what with all the complaints they are having to deal with at the moment, anything is possible!!

In the meantime, I'll just keep an eye on the letterbox!!

[Windywoo]

Update!

 

I had one phone call from them at the end of March, presumably they were hoping I was going to contribute to their end of year profits, but alas no!

 

Another letter followed a couple of days later, inviting me to phone their collections dept. I have ignored!!! Nothing since...