Cabot Providian credit card CCA return

[PriorityOne]

No... you have sent a CCA request to Robbers Way, who were chasing you for payment. The fact that the account is now with someone else is not your problem. If no-one can find it, there is no enforceable debt.

[dazza3956]

ok..great to hear that..something else i would like to ask is that it appears on my credit file as owing the amount of money they say .is there any way i can get them to take it off or show as settled or do i have to wait until all this business is settled with the dca's?

thanx again

dazza

[PriorityOne]

You need to establish whether there is a CCA or not first.... it's often a slow process.

 

Once Robbers Way pass the timespan for criminal default, you can then look into having the default removed... but there has been a mixed success rate on here with default removal. It's also not something I've had to do (as yet).... so am not the best person to advise anyway.

[dazza3956]

ok thanx for your help

[clutchingatstraws]

CCA Cabot with letter N in the templates library. Make sure it includes a request for a statement of the account.

 

Absolutely no payments to anyone from now on until you have established how much is owed and who has the right to collect.

 

If you have over payed or want to see if any unlawful charges have been added to the account you will have to SAR Robbingscum and Scabot individually.

 

All the best

 

Cas

[dazza3956]

ok thanx.

i don't intend to make anymore payments to these as the debt has been paid.i will go to court if need be to sort it out.

is there a letter to S.A.R these people and how much does it cost to do it?

i just read on one of the posts that you shouldn't sign any letters to dca's as they can paste it to documents and use it .i wish i had read it earlier as i did sign the letter to robinson way when i sent for cca and statement of account.what can i do if they do this as i know i haven't signed anything else with them apart from the letter i sent?

thanx again

[dazza3956]

ok thanx.

i don't intend to make anymore payments to these as the debt has been paid.i will go to court if need be to sort it out.

is there a letter to S.A.R these people and how much does it cost to do it?

i just read on one of the posts that you shouldn't sign any letters to dca's as they can paste it to documents and use it .i wish i had read it earlier as i did sign the letter to robinson way when i sent for cca and statement of account.what can i do if they do this as i know i haven't signed anything else with them apart from the letter i sent?

thanx again

[Percival Wigglesbottom]

Tailor this to suit :

 

Data Protection Act 1998

Subject Access Request

 

 

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

 

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

I would be happy to collect the Data from my local branch.

 

 

Yours faithfully,

 

 

[signature]

 

 

[name]

 

It is £10 for a S.A.R - (Subject Access Request). This letter is good as it also addresses the block sometimes they put on by requiring identification, .

[dazza3956]

hi

Robinson Way have now passed the deadline for replying and are now in default.what is the next step now?

can someone please advise me or point me in the right direction for the appropriate letter to send.

i have also sent a CCA letter to Cabot as it seems Robinson Way have passed it back to them.

any advice would be great

thanx

[dazza3956]

hi

Robinson Way have now passed the deadline for replying and are now in default.what is the next step now?

can someone please advise me or point me in the right direction for the appropriate letter to send.

i have also sent a CCA letter to Cabot as it seems Robinson Way have passed it back to them.

any advice would be great

thanx

[PriorityOne]

Once they are in default, you are within your rights to stop any further payments.

 

If they continue to harrass you by 'phone, log all calls by time and date... and HANG UP! If they harrass you by letter, let us know... but keep hold of all written correspondence.

 

Don't bother writing to them again.... they've had enough CCA requests to know what it all means....

[dazza3956]

hi all

received a letter from Cabot Financial(after requesting CCA and Statement of Account).

 

It says :

 

please find enclosed your cheque for the £1.00 fee required under section 77 to 78 of the Consumer Credit act,as we do not accept this statutory fee.

 

Cabot will always assist the customer and the creditor in providing information

and therefore i can confirm that Cabot has requested relevant documentation from Monument(never heard of Monument.

Anybody have any ideas who they are?

The original debt was for Providian credit card).

 

It goes on to say that on receipt of this documentation it will be forwarded to myself.

 

It also says that there mey be a delay in providing the documents as the vender may have to retrieve them from archives .

 

Therefore would appreciate my patience and cooperation.

Could someone please advise me on this letter received

thanx again

dazza

[clutchingatstraws]

when the 12 + 30 days are up report them to trading standards.

[dazza3956]

ok thanx.

is there an address for Trading Standards and what do i report them for?

would it be for not supplying the information in the required time ?

thanx again

[miss muppet]

If its Robinson Way, I think DiskmanDave said TS at Manchester are interested, but look at the postcode on the letter then google Trading Standards, you just type in the postcode and it comes up with the nearest TS. Have a look at DMD'S thread, useful info on there.

[dazza3956]

ok thanx again.

[dazza3956]

hi again

received a letter from Robinson Way again this morning saying "you have not responded to our previous letter" and threatening to send out a door collector or alternatively i could pay in full or part payment to their office .

is this just a computerised letter as i recentl had a letter from Cabot for the same debt and thought it had been passed back to them.

any advice on what letter i could send these idiots would be gratefully received .

thanx

dazza

[PriorityOne]

It's one of their milder letters, which suggests that they know they don't have much going in their favour.... but hope that you don't.

 

You can ignore it and file it somewhere, but if you want the bog off letter.... let me know and I'll post one up for you.

 

[dazza3956]

thanx . i would like to have the letter if you don't mind please .

i am getting so annoyed with all this now and just want to have my say really instead of ignoring them.

i really hope they take me to court so it could be sorted once and for all.

thanx much appreciated.

[PriorityOne]

One bog off letter.... as requested. Send by rec. delivery.

 

Dear xxxxx

 

Ref xxxxxx

 

Thank you for your letter of xx/xx/2007, informing me that I have not reponded to your previous correspondence.

 

To date however, your company remains in breach of my legal request for a Consumer Credit Agreement (Consumer Credit Act 1974); received by yourselves on xx/xx/. In fact, the only correspondence that I have received in response to this request have been some addional demands for payment from Cabot Financial, whilst in default of this request. Until such times as you are able to comply with my request however, no payments will be forthcoming to anyone.

 

With reference to your comments about someone visiting me at my home to collect payments, please be advised that I will only communicate with you in writing. Should it be your intention to arrange a “doorstep call” anyway, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

I trust this clarifies your position and mine.

 

Yours faithfully,

 

[dazza3956]

that sounds great.thanx a lot .will send that tomorrow recorded delivery

thanx

[dazza3956]

hi all

i received a letter today from Cabot with what looks like a credit agreement from the year 2000.with my signature on and the date.

on the bottom it says application form underneath a barcode of some kind.i've tried to scan it and put it on here but have failed so does anyone know if this is an original credit agreement as Cabot claims it is.

any advice on what to do next would be great.

it does actually say "this is a credit agreement regulated by the credit act 1974" above my signature.

thanx

dazza

[PriorityOne]

Hi Dazza...

 

You may want to contact someone on the Cabot sub-forum in order to familiarise yourself with some of their tactics.

 

In the meantime, if you can describe the "agreement" in as much detail as possible, we will try and help.... although if it says "Application Form" on there.... chances are that it is just that.

 

[djdave]

It's also worth having a read of this sticky:

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/105315-my-agreement-enforceable-useful.html

 

[dazza3956]

hi

ok thanx .

the thing is i am not disputing the debt i did owe and obviously i had an agreement with providian credit card.what i am disputing is the fact that this debt was paid off in full but they still say i owe them money.every time it gets passed from ROBINSON WAY,KINGS HILL and CABOT the amount gets more and more.

what angle can i take next to get it through to them that it has been paid off or does it take going to court to stop it?

i have asked for a statement of account but just been ignored.

the agreement says at the top

 

Complete and post your reply today!

 

my address

 

Declaration:

Credit Agreement Regulated by the Consumer Credit Act 1974

I applying for a Providian National Bank credit card , pin and cheques subject to status.I authorise you to send me a Visa card and or any other card you may offer me.I accept and agree to be bound by the Terms and conditions .I am a uk resident over 18 yrs of age .All the information provided by me is true and accurate.I authorise you to search the files of any credit reference agency .which will retain a record of the search.i further authorise you to share information about me with other creditors through credit reference agencies in order to make credit decisions ,carry out occasional debt tracing and prevent fraud.you may telephone me in connection with my application or to offer me any other products or services linked to my account.

DATA PROTECTION ACT

I agree to any information about me being used in accordance with condition 16 of the terms and conditions.

sign:

This is a Credit agreement regulated by the Consumer Credit Act 1974.sign it if you only want to be legally bound to these terms.

my signature and date.

 

on the bottom it has a bar code and underneath it says application form

then it has on the left hand side my annual income .my tel no and whether i am working full time and a homeowner tenant etc .

thats about it really .

thanx again

dazza