Cabot Financial

[maddyrose1664]

I had 2 letters from them in the post yesterday. God they're hopeless!

 

1)

 

I write with reference to the above account and our previous letter, to which, we have received no reply. Could you please conatct this office within 7 days of the date of this letter. Failure to do so will result in a Default Notice being issued against your account and possible further action being taken.

 

**Oooh, I'm scared** I did reply to their stupid letter with a CCA and £1 postal order.

 

2)

 

Is a statement telling me that I have made no payments ** actually I've paid the whopping sum of a pound last Friday** and I've accrued £24.11 in interest since their letter 2 weeks ago.

 

 

 

 

Should I reply or just ignore them until the 30 days are up?

[maddyrose1664]

Hi MaddyRose you don't have to get your telephone number changed. If you write to these people or tell them on the telephone that you will no longer accept their calls and that EVERYTHING must be in writing they HAVE to conform. If they continue to call they are breaking the Wireless and Telegraphy Act and can get in serious trouble.

 

I know but some of them ignore the rules regardless so it's another way of never getting a nasty call again.

[Movingon]

Cabot Are Plonkers..

 

Thank you for this pearly of Wisdom and legal mastery. Perhaps, for those of us less versed in the intricacies of legal arguments and the relevant legislation here, you could enlighten us by re-phrasing your point in clearer language?

[totallylost]

Thanks for your replies.

I should really get my a**e in gear.

I will get sending next week.

This wireless n telegraph what ever act, does it apply to all financial companies that you are in dispute with, such as banks, credit cards?

Cheers all.

I will start a new thread if n when I get some balls to send the letters.

[Movingon]

Thanks for your replies.

I should really get my a**e in gear.

I will get sending next week.

This wireless n telegraph what ever act, does it apply to all financial companies that you are in dispute with, such as banks, credit cards?

Cheers all.

I will start a new thread if n when I get some balls to send the letters.

 

The Wireless Telegraphy Act 1949 applies to ANYONE WHO CALLS YOU. If you ask them to stop calling you and they do not, then they have committed an offence under this Act.

 

s.40 of The Administration of Justice Act states that someone trying to recover a debt from you may not harrass you... if they call when you have asked them to stop, then they have committed an offence under this Act.

 

The Protection from Harrassment Act 1997 states that if someone does something to you, and any normal person wouild think that it amounts to harrassment, then it was harrassment and that an offence has been committed. This includes repeated calling (however many times they SAY they can call you) and calling at your door to intimidate you etc.

 

So - you are protected every which way from DCA's who want to harrass you.

[hagenuk]

See my thread here regarding Cabot.

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/18141-cabot-financial-telephone-harassment.html#post141206

 

I wonder if the calls will stop now?

[jimhl81]

:?

Hi'

 

I have had dealings with Cabot in the past and am being bombarded with telephone calls.

 

Tried looking for the CCA template in the library but can't find it. Can anyone tell me what it would be listed under.

 

Many thanks

[Movingon]

You could always try reading a thread or two... like THIS one... and you might find the letter right there. There's another one called "Debt Collection Agencies" or some such - that's got the letter in it too.

[maddyrose1664]

Afternoon all,

 

I have received an interesting letter from Citi. I have forgotten to bring it to work with me but they are offering to pay the difference between their old charge of £24 and the new one of £12. So, they are haven't tried to wriggle out of it altogther which is what I was suspecting.

 

Also, is it 12 wroking days or 12 consecutive days they have to provide you with the deed of aassignment. if it's the latter then their 12 days are up. Woo Hoo!

 

Any thoughts?

[andrew1]

So what will you do ? Accept and feel morally better or go for the lot and feel

- h a p p y:D

[Aphex Twin]

Hehe, I got a reply from my CCA request today from Cabot saying "thanks for the payment" roll on 1 monthish

[maddyrose1664]

So what will you do ? Accept and feel morally better or go for the lot and feel

- h a p p y:D

 

I'm going for the whole lot of course! If they'll give me half, they'll give me all of it!

 

Does anyone know if it's 12 working working days or 12 consecutive days?

[andrew1]

That's my girl ! you might also like to remind them that just because the OFT said £12 is the max to card companies it is still unlawful cos it only costs them about 50p and as we all know it is unlawful to exceed liquidated loss or actual cost - so stuff em !!!!!

[candyfloss]

I sent my CCA to Cabot by recorded delivery on 3.8.06 and according to Royal Mail tracking it still hasn't been delivered......!

 

What do I do now??

[maddyrose1664]

Ring up Royal Mail customer services and they will investigate.

[candyfloss]

Ok thanks Maddy, I'll try that.

[Laiste]

Hello everyone,

 

This may be of some interest to those doing CCA requests.

 

HFC bank (marbles card), after failing to comply with the 12 working day deadline and expiry of the 30 days, have instructed their solicitors to take legal action. They filed their claim, we put in our defence and we have just received the allocation questionairre this morning and details that the case is being transferred to our local County Court!

 

They blatantly disregard the law, commit a criminal offence and have the audacity to take the matter to Court! I don't know whether to apply to the Court to get their case struck out or let the morons make complete idiots of themselves in front of a District Judge! Hard decision! Perhaps they think we are going to cave in at the last minute....not a chance! I'm not sure whether it's brinkmanship on their part or complete stupidity and ignorance of the law!

 

I'll keep you posted! Anyone else been in a similar situation and gone to Court?

 

Regards,

 

Laiste.

[maddyrose1664]

Blimey. That's interesting. Can anyone find this CCA stuff in writing so we know exactly what it says? I think we all need to be armed with the exact facts if we're going to beat these people. They're so haphazard it worries me.

[andrew1]

Suggest everyone reads this thread on Defaults - it's a longish one but a revelation and well worth the read....http://www.consumeractiongroup.co.uk/forum/legalities/20118-default-hell.html . I think it puts a different perspective on how we treat the likes of Cabot and the banks and Credit reference agencies

[stitcherbaker]

Hi sorry to hijack your thread but we have a credit card debt with cabot and have been paying it back at £20.00 a month have never recieved any paperwork from them should we have done a CCA etc? can you suggest what we van do?

[andrew1]

Hi and welcome stitcherbaker. Anything Cabot and you have certain members of the forum foaming at the mouth so bring it on

 

You should send in your CCA request with your £1 postal order. On past performance you'll probably get a letter thanking you for your payment towards your account and then you'll hear no more! You really need a copy of your original contract and the Deed of assignment from the card company to Cabot. I doubt you'll get them but you never know your luck. If they are not received withing 12 days then Cabot will require a court order to collect it. A further 30 days and the debt becomes uncollectable and they have committed a criminal offence and you dutifully report them to Trading Standards.

 

Many posters with Cabot accounts have experienced the same thing as so described above - they seem to be getting into a pickle over their obligations.

 

Also, check your credit file because they have always defaulted the account as soon as they take the debt over. They register under the name of KingsHill No1 Ltd just to confuse you. You should not then have a default from the card company, it should have been removed at the same time so get onto the card company to remove it and inform the CRA too. If Cabot do not provide the documentation after the stated time frame then write to them and ask for all the money back they have received from you and charge them interest at the rate they might be charging you ( Mine was @ 12%)

 

They have completely defaulted the time period on one of my accounts and I have just recently been informed that they have taken on a larger debt I had with a bank and they so far have not provided the documents for that either - about 2-3 weeks to go so fingers crossed.

 

Just apply for your documents, post back here and we'll party together good luck

[too strong]

****Below is a message that posted on my own thread****

 

Hi

 

called CABOT today because I noticed the account information they sent me out started on the 21/01/03, but when I looked on my credit file there was a default which was posted a month earlier in their name.

 

Their explanation was that the default was posted by PROVIDIAN but because they bought the account the default was put into their name.

 

How can a default which has posted by one company onto your credit file in their name be changed because another company has bought the account.

 

Please explain

 

Something else just came to mind.

CABOT said that the default was changed to their name after the account was transferred to them, if this is the case should they not also be responsible for the account information prior to taking over the account?

 

For the record she also said that a lot of people have tried to remove defaults and fail, and that the banks have no legal requirement to keep any information on defaults.

 

 

****I will be sending my CCA Request off tomorrow but by the reply I received

above the question of documentation has been answered and the default should be history****

 

THE ABOVE SCENARIO WILL PROBABLY BE THE SAME FOR MOST PEOPLE SO KEEP THE PRESSURE ON 'EM

[andrew1]

Whoever owns the debt will register the default. Get the rest removed by the CRA's and the cards/bank/dca (Providian) Cabot will not remove theirs, but I believe the minute the debt is moved on the last default should be removed.

 

I had the debt registered as default by the card company and Cabot and I had the card one removed just by phoning Experian so it's simple enough ( sometimes!)

 

Then you use the Default Hell thread and subsequent link and get them all removed.

[too strong]

Whoever owns the debt will register the default. Get the rest removed by the CRA's and the cards/bank/dca (Providian) Cabot will not remove theirs, but I believe the minute the debt is moved on the last default should be removed.

 

I had the debt registered as default by the card company and Cabot and I had the card one removed just by phoning Experian so it's simple enough ( sometimes!)

 

Then you use the Default Hell thread and subsequent link and get them all removed.

 

 

You say that you were defaulted by the card company, so I am assuming the default was in the card companies name and not Cabots.

 

The fact is I was told that it was placed by the card company and then sold to Cabot which is when the default was then changed to their name which does not make any sense.

[andrew1]

Yes that's right. But there should only be one default. Once the card company sells the debt the default should be removed. Cabot put it on as soon as they buy it (Kingshill No1). Have a word with the Credit reference agencies and tell them what I have said - you should only have one - see what they say.

 

They told me they'd remove the card company one. Although I have written to the card company telling them to remove anyway.