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Duffers mum v Sainsburys Bank


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I would send the CCA request with a postal order, don't give them a smidgen of information re your bank account/cheques etc.... Have the

postal order crossed when it's issued at the post office etc. Keep a record of the postal order (post office receipt shows it's serial number)

and send recorded.

 

If you don't send the statutory £1 for the CCA it will only give them a reason to further delay in finding/sending it etc...send the fee etc...

 

As for a subject access, at this point is it needed? You would usually send the subject access to the Original creditor as opposed to the dca (in most cases anyway) the fee for that is £10...same drill as the CCA, send it recorded, don't sign the letter with your usual signature (just put a squiggle or something)

 

There are templates for both a CCA and a Subject Access request, take a look and edit accordingly then send etc...

 

CCA request

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

Subject Access request

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

I reside in Dawlish Warren but am not a rabbit.

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This thread is going a little bit off topic! Please can you use your own thread Taste to ask questions, as otherwise I have to keep trawling through to see who has answered questions relating to this one!

 

Thank you and good luck :)

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On the contrary....the cca question was raised within your question, somebody expended on it, I see no reason why it couldn't become part of your thread, perhaps if it was about the World Cup and the state of Spain's changing rooms then I'd go for it.

I reside in Dawlish Warren but am not a rabbit.

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DebT- totally understand what you are saying, its just Taste has his own thread and thought it made sense for him to keep it updated rather than having to go backwards and forwards....i'll shut up :D

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Quick update..have just checked my credit file as I always do on a weekly basis and surprise surprise, Crapot have a default showing under their name for this account, however the original entry is still on my credit file for Sainsbury's so I now effectively have 2 different entries for the same default, which I understand they can't do? Also although the default date and amount are the same on both, the amount outstanding on Crapot's entry has mysteriously increased, ok its only by about £50 but hey they should be showing the correct outstanding balance shouldn't they?

 

I've also looked at the letter that Crapot sent me and there was no Notice of Assignment, only a note on the back of the letter stating "this letter acts as a notice of assignemtn of your account to Cabot" should I not have received a NOA from Sainsburys?

 

I have fired off an email to the CRA asking they remove this Cabot entry until such time as the Sainsbury's entry is no longer showing and also that the correct balance should be showing, should i also write to Crapot, or should I report them to anybody else?

 

Thank you :)

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ah the usual crapbot trick of adding charges etc to the account this is why it has mysteriously increased and unfortunately will continue to do so..unless you take them to task over it....

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Not sure if its charges or not, they have stated in their follow up letter (after mine to them about the lack of a CCA from Sainsburys) that the account is on hold whilst they await a reply from the OC. I will bring this matter up once they get back to me about the CCA. What about the NOA? If this goes to court would a note on the back of a Cabot letter suffice, or should I have received a proper NOA?

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Thank you :) well aware that Crapot are a bunch of cowboys, and that they add charges, interest etc whether they are entitled to or not..I just don't want the balance getting any bigger than it already is..however I think with a duff CCA, a couple of ropey DN's, no NOA, I would have at least a couple of legs to stand on if it goes to court, but as we all know here on CAG it only takes a lousy judge and we get shafted :(

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Thank you :) well aware that Crapot are a bunch of cowboys, and that they add charges, interest etc whether they are entitled to or not..I just don't want the balance getting any bigger than it already is..however I think with a duff CCA, a couple of ropey DN's, no NOA, I would have at least a couple of legs to stand on if it goes to court, but as we all know here on CAG it only takes a lousy judge and we get shafted :(

 

 

Cabot have added over 5k of charges...in effect doubling the original amount I had outstanding with the original creditor and I've been paying them cabot for some time....I've waited for a while but have recently (May) started to take them to task, not directly but in a subtle manner....I've asked them demonstrate where their charges have been added and at what rate etc....they've answered and have left themselves wide open...I'm seeking a barristers opinion on something and once I have it and if it's favourable I'll most likely file against them, they're nothing short of conniving toads.

 

One default is one debt, write/contact to the credit ref agency showing the two defaults for the same debt who in turn will contact both the original credtor and Cabot and one of them will say they have no interest in the default at which point it will be removed leaving just one on...

I reside in Dawlish Warren but am not a rabbit.

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Deb T - that's a hell of a lot of charges and that's what I'm worried about. I have no intention of paying Cabot because as far as I'm concerned there is not the proper paperwork in place. I got shot of them on my Goldfish account (well not heard from them for 2 years) because they admitted they couldn't provide an agreement, but I fear they will say the Sainsbury's application form provided is enforceable and may just try their luck in court :( I'm pretty sure Sainsbury's knew it wasn't enforceable else they would have taken legal action themselves for this debt which is anything from £7K+ to £8K plus depending on which Default Notice you read!

 

Hope you get lucky :)

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yep that is what cabot did to me...even when i was paying they were still adding charges to the debt resulting in doubling it even when i was paying...when i stopped and challenged them they said and i quote ' we dont add charges when a person is paying' then why did you add them?? err its a mistake..but i stopped paying challenged cca etc..and they never removed the charges they made a mistake adding...you couldnt make it up..however 2 odd years down the line since i stopped paying they aint been near a court..despite being in the pre-school..division the we may go to court division...the we really are upset division..and the precourt division....i have pleaded with them to put it before a court....nope...

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Debt4 - must admit I don't worry about it half as much these days thanks to this forum and the sound advice people give me..it does take some of the strain away. I now have M&S saying my payment arrangement has come to an end and will I send them an income and expenditure form, no I will not, accept what I'm paying or I won't pay anything say I! Relatively new account so suspect they would have the CCA if I asked them...hoping that within the next 12 months I can start making normal payments to them again as they've been the only company that have been ok with me! Gawd help me if they flog it to Cabot!

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nope life is too short too worry bout what may or may not happen...cabot think that threatograms are the answer to their prayers..once you learn that is all they are threats...then they aint worth worrying about...i agree i have a loan with another company they accept what i say they renew the payment agreement every year without a qualm..if they were all like that then they would get much more cooperation

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M&S are similar to Cabot in as much as they never give you the same answer more than once, provide very little in the way of papwerwork, ignore requests and don't recognise any issues the alleged debtor may have made them aware of.

 

If your account with M&S has been defaulted/terminated then they have no right to your I&E ...I would write to them stating that your circumstances have not changed since the revised payment play was taken out with them and enclose the same amount of money you've been paying them. They may get stroppy but by continuing to pay should be enough.

 

In all the debts I have had and currently have of which none are with the original creditor I have never sent and I&E off and neither will I.

 

In regards to Cabot Charges, the creditor and agreement they are collecting from is over 10 years ...I got in trouble with the agrreement some years ago and have paid them cabot a reduced amount ever since...I phoned them about 2 years ago where they told me that my balance was x amount.,..which corresponded to what I had been paying off the original debt....however, my credit file says something altogether different ...and is double that of the original debt of which 50% of the outstanding amount is now cabot charges.

 

What they don't do and which they are supposed to do is send an annual statement out....and what they do but seem to forget about is send out varying letters with various offers to settle showing the balance overall and the balance to settle at...funny thing is the overall balance they quoted was nowhere near what they're reporting on my credit file and as my original credit agreement will not be available to them I'm suprised they can attempt to charge me anything when it is clear they do NOT have the original terms and conditions etc....there are other anomalies here where I can quite easily hang them to the wall re the outstanding balance/charges ...but I won't mention them here as forewarned is forearmed etc.

 

I firmly believe that the average numpty cabot drone has a computer in front of him/her that gives a very short selection of options and when they come across something that is outside of their screen they simply wave a flag so that their 'team leader' can see they need some attention and who themselves will come over, see a figure, double it and then tell the drone to add it to the account...no regard whatsoever to anything else on the account....:)

 

I'm rather looking forward to getting my teggies into Cabot....

I reside in Dawlish Warren but am not a rabbit.

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I will insist with M&S that as soon as I have cleared the arrears, that they will remove the default, although not likely to be in the next 12 months..if they don't agree then I'll just keep the token payments going!

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OK..well i've got weird goings on with my credit file. I mentioned above that Crapot had entered a default on my sainsbury's debt, when Sainsburys already have a default showing..well I had an alert today from the CRA saying there had been a change on my credit file..normal I think, thats obviously that default by Crapot, but log onto my credit file account to check just in case, click on alerts and it comes up as follows (dates omitted so our guests can't recognise me!):-

 

Company name:CABOT FINANCIAL (UK) LTDAccount type:CREDIT CARD/STORE CARDStarted:??/??\??Current balance:Settled Settled on:??/??/??File updated to:??/??/??Status history:

[] brackets indicate most recent months status [ hist_8.jpg ]

 

Now, when I look at the main part of my credit report it shows the following entry from Cabot...any idea why they would be different and why the one of the alert would be showing as settled (wish it was lol)

 

Company name:CABOT FINANCIAL (UK) LTDAccount type:Credit card / Store cardStarted:??/??/??Default Balance:£???Current Balance:£???Defaulted On:??/??/??File Updated for the Period to:??/??/??Status history:

[] brackets indicate most recent months status [ hist_8.jpg ]

 

Its all rather strange!

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Hi DM :)

Re the DN's..

If they didn't action the first faulty (14 day) DN ie by sending a demand for full balance, or a termination letter, before issuing the second (even more faulty) one, then in my view the second one would stand. Which is good for you, as it's so rubbish! What date did they first demand the full amount owing, or terminate?

Re the agreement.. yep unenforceable. Lets see what they come up with on the most recent CCA, and take it from there. They must also send the original T&C's plus any variations.

Once they've responded we'll draft you a suitable letter to cover all the issues.

kind regards,

Elsa x

Edited by Undercover-Elsa

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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Elsa - thank you :) re the DN's I've never received a termination notice or demand for the full balance in connection with either. It was only ever mentioned on the DN's. The outstanding balance on the second DN is the one showing on my credit file, they obviously forgot they'd sent the first one (dopey or what!), as you say good really because it really is a rubbish DN! Still waiting to hear from Crapot, will post up when I receive something!

 

Thanks again for your input, its much appreciated :)

Edited by Duffers Mum
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Okey dokey...Crapot have responded with what they say is a "Reconstituted True copy of your credit agreement, please see link below:-

 

http://i750.photobucket.com/albums/xx143/DuffersMum/Sainsburys/001-2-1.jpg

 

I have also copied the first page only of the Reconstituted True copy of my agreement as follows (the rest is the same as the downloaded T&C's that Sainsbury's originally sent,in fact its exactly the same document Sainsburys sent apart from Crapot's have added a barcode at the top which I've blanked out):-

 

http://i750.photobucket.com/albums/xx143/DuffersMum/Sainsburys/002-1-1.jpg

 

Now I know very little about Reconstituted Agreements but as they state its a true copy I presume they have taken this information from my original credit agreement? If so why have they not sent me the original? Am I entitled to ask them to confirm they have the actual agreement in their possession and this is what they have based the information on? I know they read these boards so I'm not giving too much away for fear they might identify me (waves in case they are looking) :D

 

Their threat-o-gram clearly states "As we have now complied with your request blah blah, we are able to enforce the agreement which I signed and entered into. Enforcement means that we are able to obtain a CCJ however we would prefer if you work with us blah blah blah" how jolly threatening is that at the start of what I'm sure will be a very long and beautiful relationship.

 

Also enclosed (which I haven't copied) is what I think they are calling a statement of account in which I note at some point in June they added £80+ interest, even though the account was effectively in dispute due to my query re the CCA. They are cheeky little beggers aren't they :D Another thing, can they add to a defaulted balance?

 

So what do I need to say to these dear friends of mine? I take it I have no need to mention the dodgy DN's or lack of proper NOA yet, as the dodgy CCA is probably enough to be going on with?

 

I would like to get something fired off to them so they get it early next week, so any help would be much appreciated. Please can people PM me anything they think I should send rather than post here, as I don't want our guests to know what I will be sending..once i've proved Crapot are a fibbing bunch of ***** I will post up for others to use - thanks :)

 

Thank you :)

Edited by Duffers Mum
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Hi DM,

Just had a quick look. As you say, if they had the original why not just photocopy it!

I'll reply in more depth when I'm on my other pc with all my refs and templates, as on my laptop at moment.;)

Elsa x

  • Haha 1

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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Elsa - thank you...anything you think I should send, please can you send me a PM as, as mentioned above, I want to try and keep them on their toes and not identify who I am! I have found one letter which I've adapted but will see what you send me first to make sure i'm on the right lines!

 

DM :)

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Did they ask you to add water to reconstitute it :confused::D

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

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