Jump to content


volvo

VOLVO v Cabot Fin/Europe?kh1 - (The Associates Credit Card)

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3763 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi All

 

I sent a CCA request by Recorded Delivery to Cabot Financial(Europe) on 9th June 2007 which they signed for on 11 June 2007 and wrote back on 13/6/07 advising they had the rights but not the duties etc and that they had contacted Citi Financial which would take 21 days/ 8weeks and also returned my cheque as they were not the creditor.

 

I then sent a CCA request to Kings Hill no.1 on 19th June 2007 which they signed for on 20th June 2007.

 

I also sent a CCA request to Cabot Financial (UK) on 19th June also which they signed for on 20th June 2007.

 

I then received a letter from Cabot Financial (Europe) dated 22nd June advising rights not duties etc and returned my cheque as they were not the creditor and they also stated they did not have to supply a true copy of the executed agreement as that was only relevant to the creditor. They also promised to arrange for a copy of the notice of assignment to be forwarded to me and went on to say their letter constituted written notice of the assignment under section25 LOP and they did not need to provide a copy of the assignment deed itself.

 

Accordingly, as no CCA supplied i stopped instalments as per timescales of 12+2 then 30 days.

 

Heard nothing since June until today when received letter attached.

 

Can anyone advise what to do next?

 

Should i report to FOS or CCA The Associates (OC)?

Any help much appreciated.

PS the debt outstanding was approx £4,500 Jan this year as confirmed by letter in Jan from them.

The letter today, Balance owing has increased to £8,600.00 plus.

 

SWScan00040.jpg?t=1188322621

Share this post


Link to post
Share on other sites

Yup. Write back to them that you have no intention of recommencing repayments until such time as they can prove they have any entitlement to any alleged debt. Remind them that you do not acknowledge any debt to them, and they are to consider the account in dispute.

 

Also tell them that, as they have not complied with your request for a copy of the original agreement, you are now making a formal complaint. Their procedures are here...

 

Cabot Financial (Europe) Limited Complaints Procedure

 

After you have exhausted that, you can report them to the FOS.

 

Have you SAR'd them?

Share this post


Link to post
Share on other sites

GO seahorse GO ! ! ! ! !


If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

Share this post


Link to post
Share on other sites

Volvo - Uou are getting good advice from Seahorse - you do need to chase this CCA to actually prove whether an enforceable agreement exists etc..

 

What Cabots are saying is irrelevant with the "rights and duties" argument until the CCA has been proven one way or the other.

 

ICO might be able to help you chase this if you complain for non compliance etc.. and that Cabots are unlawfully sharing your data with 3rd parties with an erroneous figure etc.. (with this I am thinking that there will be unlawful charges involved etc.. = figures they are using are wrong? Cabots are probably still adding interest - the SAR will show this up)

 

The other way to do this is to issue an N1 claim against Cabots for the paperwork you are asking for etc.. - you'd be asking court to order Cabots to comply and prove their documents etc.. you'd need to ask for all of the documents you'd be likely to need at the outset in the order that you want them and a strategy for working through this with court etc..

 

I feel bothered that Cabots do seem to be trying to cloud issues and skipping over the CCA and confusing people with the LoP rights and duties etc.. - my advice to anyone is pull the argument back and stick to the CCA until it has been proven - THEN move on with remainder of the issues involved. Don't let any company skip over the CCA.


My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

Share this post


Link to post
Share on other sites

Hi All

 

After issuing a formal complaint to Cabot regarding an old Associates credit card debt regarding their non compliance with my CCa request

i have today finally received their response.

 

Can anyone advise how i should proceed and respond to them.

 

Please see their letter in following attachments.

Share this post


Link to post
Share on other sites

Volvo please remove your personal details.


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Share this post


Link to post
Share on other sites

Hiya Rory

 

An error after trying to load the links for ages.

Have deleted the link and will reinput.

Share this post


Link to post
Share on other sites

Hiya Rory and all

 

Have now rescanned Cabot response following my formal complaint reference their non-compliance to my CCaA request regarding an old Associates Credit Card Debt.

 

Need to know how to move forward and respond, incidentaly i also made a complaint to FOS on the same date (31/08/07) that i sent my complaint to Cabot but FOS advise they only posted complaint to Cabot on 8/10/07.

 

Cabot response to "my" complaint as per attached links.

Share this post


Link to post
Share on other sites

Hi volvo

 

I am having a similar problem with Cabot Financial in relation to a Providian Card. They have registered incorrect information against my name and are refusing to remove it and I paid them off over 2 years ago. They credit reference agencies are useless especially Experian.

 

You need to contact the information commissioner and also the if the account defaulted in 2000 6 years has passed it should no longer be on your credit file and you could in theory ignore Cabot.

 

Miss Right

Share this post


Link to post
Share on other sites

Hi Rory & all

 

Fianlly resbmitted Cabot response to My Formal Complaint regarding Cabot non compliance with my CCA request regarding old Associates credit card.

 

Where do i go from here.

 

Cabot say they have purchaed the debt but appear not to be the creditor for CCA 1974.

 

Graeful for how to respond to them.

 

See attached links:

 

http://i183.photobucket.com/albums/x223/volvooo/SWScan00046.jpg

 

http://i183.photobucket.com/albums/x223/volvooo/SWScan00044-1.jpg

 

VOLVO

Share this post


Link to post
Share on other sites

Well they have truely shot themselves in the foot with that one.

As you know no CCA = No Enforceable debt.

Keep that letter safe, as it maybe needed.

 

Now what to send back, other than feck off idiots.

Try this, edit as needed:

 

Dear Sir/Madam,

I refer to my recent correspondence with your company concerning this alleged debt, copies of which are enclosed for your perusal and ease of reference.

As **DCA** have failed to comply with my Consumer Credit Act request and admitted that the alleged signed executed agreement is unavailable enforcement action is impossible under section 127 (3) of the Act.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

If **DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

It is also my belief that your continued pursuance of this matter also constitutes an

offence under Section 40 of the Administration of Justice Act 1970.

 

Failure to respond favourably to this letter within seven (7) days of receipt will result in immediate litigation being commenced against your company without further notice.

I also require a copy of your internal complaints procedure as further action may be necessary.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours Faithfully


Be VERY careful whose advice you listen too

Share this post


Link to post
Share on other sites
Volvo please remove your personal details.

 

Rory

 

Can u please remove the links as i have trid but they dont seem to disappear.

 

Sorry to be a nuisance.

 

VOLVO.

Share this post


Link to post
Share on other sites

I'll get the links removed volvo. As Ben says no agreement = no enforceable debt so I wouldn't worry about things like interest being applied or as Cabot say contractual interest, even though they admit there isn't a contract.


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Share this post


Link to post
Share on other sites
Well they have truely shot themselves in the foot with that one.

As you know no CCA = No Enforceable debt.

Keep that letter safe, as it maybe needed.

 

Now what to send back, other than feck off idiots.

Try this, edit as needed:

 

 

Thanks Curly

 

Will send reply tommorow as suggested.

 

VOLVO

Share this post


Link to post
Share on other sites

Update

 

Typed CurlyBens suggested letter to Cabot this morning and as they stated this was their final letter, have also submitted the complaint to Financial Ombudsman for them to investigate.

Share this post


Link to post
Share on other sites

Update

 

As expected the FOS wrote to me in OCT 2008 advising that they would not uphold my non-CCA compliance complaint against Cabot.

 

Recived attached letter from Cabot in the last couple of days.

 

IMG-5.jpg

 

However, i do have a letter dated Oct2007 from Cabot advising that Cabot are unable to provide a copy CCA agreement as due to the long time elapsed that the OC, ie: The Associates no longer hold this information.

 

Am i correct, that if Cabot are still in default of my original CCA request dated 9th June 2007 then they should not be undertaking any collection activity whatsoever, such as their attached letter.

 

Anyone got idea of a suitable reply to them??

 

VOLVO

Share this post


Link to post
Share on other sites

Sorry I can think of a few replies but probably not appropriate. there must be some form of complaint. Surely no one can sent baliffs in unless there is a court order?

Share this post


Link to post
Share on other sites

Cabot are talking out of their blow holes, How can they say they are collecting payment under the terms of a cca that does not exist.


Cabot have been my friends for 2 years(EDIT) Sent packing statute barred.

past due credit have been friends for 1 week(EDIT) Sent back to arrow, now statute barred.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...