Cabot and Ruthridge help for a newbie to this site

[Seahorse]

OK, first thing is, tell him NOT TO WORRY.

 

What he needs to work out is, has he at any time, made any payment or otherwise acknowledged a debt since 2000? No? That sounds about right.

 

Cabot will be aware that this debt is very likey to be statute barred. So what they have done, is pass the collection part on to Ruthbridge, who have even less scruples than they do. In other words, Ruthbridge don't care if the debt is no longer collectable, they will just use unlawful bully boy tactics to try to scare your brother into paying up.

 

They WILL keep phoning, and my advice is, as soon as he knows it is them on the phone, either put the phone down, or sit it beside the telly or radio. Under NO circumstances must he talk to them. He then needs to write to them, demanding that ALL communication is to be in writing only. There is a template for this, so just ask if you can't find it.

 

Next, he needs to send a letter asking for a copy of the original agreement, emphasising the he does not acknowledge any debt whatsoever. He must enclose £1, and MUST stipulate that this is to be used only to satisfy his obligation whilst requesting his agreement. This is the CCA letter.

 

Ruthbridge will do absolutely anything to intimidate him. So he must be prepared to fight back. But at no time must he even verbally agree or pay anything whatsoever. They WILL try to get the 6 year period started again. He'll also need to be prepared to make an awful lot of complaints to the various regulatory bodies.

 

Just to emphisise the point. Ruthbridge are a bunch of lying, cheating, bullying feckers. And there is documentary evidence to back that up, just in case any MIB are wondering.

 

If you need any help at all, just keep asking. There is no such thing as a stupid question and we've all been there.

 

Not that you'l need it, but Good Luck.

[Seahorse]

No more phone calls, but keep a diary of in and outgoing calls. Jason evans has committed an unlawful act by discussing this with your father. Breach of DPA and all that. Same goes for earlier contact.

 

Keep it all logged as evidence for when it is reported to the Information Commissioner's Office.

 

It really is about time these lying eejits lost their licence.

[Seahorse]

Cabot are now the owner of the account. They are employing Ruthbridge to do their dirty work. So stick with CCAing Ruthbridge for now. Barclays no longer own the account, although technically, as Cabot say they have not been assigned any duties, that must mean Barclays are still obliged to respond.

 

Hmm. CCAing them would set the cat amongst the pigeons.

[Seahorse]

Yup. UK operates out of a matchbox in the same building. Well, you actually could fit the sum total of their employees into one. Or even on the head of a pin.

[Seahorse]

Is their new machine called Laura, then?

 

It certainly looks like she can spit out a mean template anyhow.

[Seahorse]

I'm beginnining to think the whole scanario can be condensed like this...

 

CCA Cabot Europe, and S.A.R - (Subject Access Request) OC.

No CCA, (or unenforcable) so complain.

Wait out 8 weeks, or final response from Cabot.

Complain to FOS, OFT, TS etc

Send s10 notice.

Wait 3 weeks.

Complain to Information Commissioners Office.

Take Cabot to court.

Celebrate.

 

Having wasted my time in several months worth of communication with them, I now don't see any point in trying to negotiate or get them to see sense. They will just never admit they are in the wrong.

[Seahorse]

Or ask THEM some security questions. Name, credit card number, PIN, shoe size, address, married, why not, what's wrong with you, what makes you think girls find you unattractive, have you tried toothpaste, no I don't think "do you swallow" is an appropriate question on a first date. . . etc, etc.

 

I'm sure you can think of many more "personal" questions of your own.

[Seahorse]

You haven't SAR'd Barclaycard? Well, do it now and see what nonsense they have on file. You'll be after everything, not just your statements, so don't let them fob you off.

 

Formal letter of complaint of to both Cabot and Ruthbridge. Exhaust their complaints procedure and report both to FOS.

[Seahorse]

Makes no difference what they think. Yes, they may have the right to politely ASK for the debt to be repaid. But as they have stated, there IS no agreement, so they can't ENFORCE any previous debt. Notwithstanding, they also can't prove that any info relating to the amount of any purported debt is accurate, as there appear to be some statements that have been "mislaid".

 

This goes from not just telling Cabot to feck off because there is no evidence of a debt, merely that an account was in place, to complaining to Barclaycard for their selling of a debt that they cannot show existed in the first place. BOTH companies should really be the subject of a moan to the FOS, but invoke Barclaycard's complaints procedure first. Cabot have given you their final say in the matter, so you can complain about them now.

[Seahorse]

No surprises there then. Pretty much what I got back from BC, except I only got 6 years worth of statements. No way for them to prove how they arrived at the figure they defaulted me on, but plenty of ammo for me to argue about the interest they applied without an agreement. Did they say in the included letter that this was ALL they hold about you?

 

You have plenty of cause for complaint. If they have NOT supplied everything the hold, then they have NOT complied with the DPA. And if they managed to get a copy of your application form to Cabot, quite clearly someone is lying. If Barclaycard DON'T have a copy to send you, then where did Cabot get a copy? And if Cabot had it all along, their templates stating they have to get the original creditor to supply it, is total bollix.

 

I've a complaint in with Barclaycard about this very thing. I've had a letter saying they are investigating. But that's all so far. They'd better get a move on, otherwise they'll be getting reported to all and sundry. I think I'll need to see them in court if that has no effect.

 

It's all coming together nicely. BC investigating, Cabot reported (again) to the ICO yesterday, and folks are helping me get my small claims form filled in to get Cabot to comply with my s10 notice if the ICO has no luck.

 

All in all, it looks like being a busy few months ahead.

[Seahorse]

I take it that as Cabot are now writing to you, Ruthbridge are out of the picture?

 

OK, since nobody has managed to come up with any sort of agreement, at the very least, the debt is unenforcable. And it does sound as if the debt will become statute barred in February next year. So you needn't worry about defaults then either. I suggest a letter along these lines...

 

Dear Dimwit,

 

despite repeated attempts on my part to reach any sort of reasonable resolution to this dispute, it is clear that neither you, nor your agents Ruthbridge, have seen fit to provide me with a reasonable response to my concerns. Further, you have admitted to me in writing that you are unable to provide me with a copy of an agreement, or otherwise to prove that the debt you claim I owe to you, exists.

 

In view of the above, you will be perfectly aware that I am under no obligation whatsoever to pay you any money, as I am still unable to acknowledge that the debt to which you refer is due.

 

You will therefore acknowledge that any possible action that you may be contemplating in respect of this alleged debt would have absolutely no hope of being enforced, through the courts or otherwise. It is my opinion that you would be foolish to attempt any such action. However, should you do so, said action will be vigorously defended.

 

In respect of your veiled threats to recommence telephone activity, may I remind you once more that any such action shall be construed as CRIMINAL HARASSMENT, and I shall take action of my own. As it is, it is my intention to pass my concerns to the Financial Ombudsman Service.

 

You should be aware that I do not consider that Cabot Financial, in any of it's many guises, has responded to any of my concernes whatsoever. In particular, I appear to have had no response of any substance in regard to my complaint about the actions of your agent, Ruthbridge. You will be perfectly aware that you are responsible for their actions, and unless I receive an apology from you, I shall be including what I consider their dubious practices in my complaint to the Financial Ombudsman Service.

 

I am, frankly, appalled that you associate yourself with a company that has intimidatory and, quite possibly unlawful, practices at the heart of its business model. It is my considered opinion that they are, at best, acting unethically in their day to day business. You can hardly be unaware of that fact yourself, and I therefore consider you to be complicit in the way Ruthbridge coduct their business.

 

In conclusion, I must tell you that I shall not be responding to your demands for payment as you require. I SHALL be reporting your communications, and that of Ruthbridge, to the Financial Ombudsman Service, as well as Trading Standards and the Office of Fair Trading. In fact, I have serious reservations about both your, and Ruthbridge's, fitness to hold a licence.

 

Something like that anyway. It was a bit off the cuff, so feel free to tidy it up as you see fit. Add add to or omit as needed.

[Seahorse]

Go get them, Tiger.

[Seahorse]

And also write and tell them that proof that an account once existed in no way consitutes proof of a debt, enforcable or otherwise. And let them know that you consider their poo ridden communication to be as worthy of comment as would be the excretions of a ruminant's rectum. Therefore you see no point in continuing any form of dialogue, due to their nonsensical gainsaying of everything you have written to date.

[Seahorse]

I can only say from personal experience. But that experience tells me they try to ignore you and hope you'll be happy with that.

 

Which isn't to say that some muppet won't dig out an old file in a few years time and try to come back for another go. Which is why I think it's worth while making their lives as miserable as possible by complaining to everybody you can think of.