Mythbusters, Cabot style

[djdave]

Apologies if this has already been posted, but here's proof (if it were needed!) that Cabot are well aware of this forum and are already trying to get their side of the story in.

 

http://www.cabotfinancial.com/pdf/Legal%20Misconceptions%20in%20Debt%20Sale%20and%20Administration.doc

 

It's worth noting that in the paragraph about rights and obligations Glen uses the phrases "we do not believe" and "in our view" - he's obviously never tested this arguement in court!

 

I believe it is important that these vaguaries are cleared up once and for all, so that Cabot cannot go around making threats based on their interpretation of the law.

 

Until then I shall be challenging them to prove - in Court - the validity of the alleged debt they claim to own, and not paying them a single penny unless a judge rules it enforcable under UK law.

 

From the tone of Glen's article, we've got them rattled!

[ScarletPimpernel]

Interesting article; as DJD says, entirely based upon Crawford's opinion rather than solid legal grounds.

 

I like this bit:

 

It is just a shame that there appear to be so many debtors, and apparently advice agencies, keen to frustrate attempts by legitimate businesses to seek payment of bona fide, and usually undisputed debts.

 

I think it's just a shame that there are so many debt collection businesses, and debt buyers, keen to ignore their legal and regulatory obligations, imposed by legitimate governments and regulators, to collect payment irrespective of whether a debt is bona fide or disputed.

 

I suspect Glen has not yet learned what we have all known for ages - you can't polish a turd (and Cabot is a particularly large, steaming example), and no matter how much bovine faecal matter Glen, Ken (don't you just wish there was a Ben as well?) and their gang push out, no-one except the other self-deluding fools in their industry will believe that they are anything other than unsavoury bottom feeders who seek to profit from, in many cases, the misfortune of others.

 

What doesn't occur to Cabot and their ilk is that if they actually lived up to extravagant claims of ethical practice they all plaster on their websites, and spout about at their self-congratulatory seminars, they wouldn't have such appalling reputations. If they actually acted properly, and complied with the law and regulations, they might not make as much money, but they would at least have the satisfaction of knowing that what they did make was legitimately earned.

[pmhcfc]

Apologies if this has already been posted, but here's proof (if it were needed!) that Cabot are well aware of this forum and are already trying to get their side of the story in.

 

http://www.cabotfinancial.com/pdf/Legal%20Misconceptions%20in%20Debt%20Sale%20and%20Administration.doc

 

From the tone of Glen's article, we've got them rattled!

 

A very old chestnut to us 'old-hand' CFC'ers - none the less, an important one.

[mrmarmite]

blah blah bla! hello Gles TITimus, we welcome you to the ranks of Ken whatshisnamethingymajig,

 

just remember WE have on several occasions taken YOU to court for NON-disclosure of LEGAL documents we are ENTITLED to. end result YOU aka/Cabot get STRUCK out for not supplying.

 

my words are "Bring it on bitch" and yes Glen TITimus you are TRYING to EXTORT money out of me for a debt YOU hasve no legal right to for FAILING to provide a FULLY documented aggreement as STIPULATED under the CCA.

 

i fancy a fight muhahahahahahahaha "suckers"

[Curlyben]

The funniest thing about that whole piece is that they honestly believe it.

It's amazing how they choose to quote only the parts that suit them and ignore anything they don't like.

[NitrousOxide]

Rights but not duties again eh:rolleyes:

Out of interest does anyone have a copy of the terms and conditions for Barclaycard?

Cabot seem to have a lot of BC debts.

[pmhcfc]

Cabot seem to have a lot of BC debts.

 

And if you knew what some of us knew about Cabot, you'd know why.

[Seahorse]

Once I'm home next week, I'll scan a copy of the 1998 (supposedly) T&C's for you to see, NO. Part of it is VERY interesting with regard to data sharing.

[mrmarmite]

ooo gooodie, if cabot deal with barclays that mean i'll get a second account with them shortly, i stopped payin b-card due to stupid charges, i owe them 235 and outstanding balance is over 700 now, i'm waitin for them to pass on to dca then i'll take em to court and force default removal

[tbern123]

Rights but not duties again eh:rolleyes:

Out of interest does anyone have a copy of the terms and conditions for Barclaycard?

Cabot seem to have a lot of BC debts.

 

Here you go

Barclaycardt&c.pdf

[NitrousOxide]

Thankyou TBern,

Term 14.2 states:

14.2

We may transfer to any other person any or all of our rights

under this agreement at any time and our duties (including,

without limitation, our duty to lend to you). We may do this

 

without telling you. Your rights under this agreement and your legal rights (including under the Consumer Credit Act 1974) will not be affected.

[Seahorse]

Mr Marmite, have you actually challenged BC on their ridiculous charges? Or did you just stop paying them? I'd tend to try to sort that out BEFORE it gets to the stage of passing it on o a DCA.

[mrmarmite]

yes i have challenged it, as a Goodwill jesture they gave a poxy 144 back, i can only afford to pay 25-30 pm 24 are charges and about 10 interest so it only keeps going up, few months ago i made regular payments, statements still showing late payment, 3 months after they ring to clear arrears i asked why chargin late payment their excuse 1 month in arrears, it took them 3 month to tell me that, i want it to go dca so charges stop then i take to court and force removal of default and claw back some interest i have paid, once charges and interest refunded they will owe me money!

[mrmarmite]

anyway this cabot thread, barclaycard not got to them YET

[Seahorse]

Do so. CCA them too and don't wait for them to sell it on. You are in quite a good position in that BC still own it. I'll watch out for your thread.

 

I take it you SARd them. Did you just get statements, or everything else you should have had by rights?

[2Grumpy]

Bit off topic but I looked at the b/c t&cs

 

I like the way (well actually I don't) the money grabbing CC companies say that they apply repayments to the lowest interest rate items first.

I would want them to do the opposite.

 

Is there anything we can try about unfair terms & conditions?

 

Grumpy

[mrmarmite]

seahorse, i S.A.R them back in February and yes all they sent was statemnents, I'll get the CCA sent off this weekend then and it shal be interesting what i get back.

[Seahorse]

I wouldn't bother. I'd complain to them that they haven't complied with your SAR. They should have sent EVERYTHING, not just statements. And that should have included your agreement. If any.

 

SAR them again, as it's been over 6 months, and tell them that as they did not comply with your request fully last time around, you don't consider it necessary to include £10.

 

If they still don't send you everything, report them to the FOS. You could do that now, but it would be polite to give them a chance to sort your complaint out first. The FOS will expect you to have done so first anyway.

[mrmarmite]

ok, i'll sort it out now thanks

[mrmarmite]

just bout to start new thread in barclay section with letter i will send

[sequenci]

can somebody e-mail this to sequenci @ consumeractiongroup.co.uk as I cannot gain access to that website for some reason

[Seahorse]

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