Cabot claimform Morgan Stanley goldfish card - settled out ofcourt

[cashins]

I have come across quite a lot of people on the various consumer forums having similar problems with mismatching names and account numbers. It's all a bit of a mess!

 

 

Sounds like the file has become corrupted, (seen it happen before with a marketing mail-merge)

 

Good news is, it can be a right pain sorting it out.

 

David

[Fred Bassett]

Hello Fred, long time no speak! Hope you are well!

 

I thought I could add to this thread. There is something seriously amiss with the Goldfish/Cabot assignments. Mine is a long story and has it's own thread somewhere so I won't go into all the waffle here but the long and short of it is that Goldfish assigned hundreds of accounts to Cabot in one go. The problem is that the account numbers they are quoting are wrong. I requested a CCA from Cabot back in March 08 and I got the same letter as you ie : we have referred back to our client, followed up with a "we are having trouble locating your agreement" letter and that has been that. I have heard exactly nothing since.

 

I have come across quite a lot of people on the various consumer forums having similar problems with mismatching names and account numbers. It's all a bit of a mess!

 

I won't even go into what Goldfish sent me in response to my CCA request, but put it this way, my postman actually refused to continue to deliver to me!

 

I will be watching closely!

 

Good luck!

 

Regards,

 

Corn:)

 

Cheers Corn and a Happy New Year.

 

I'll see how this works out with Cabot, but I can't see how what they've sent me is right.There seems to be 2 different application forms and 3 differents sets of terms and conditions, none of which relate to each other. That is not to mention the absence of a NoA.

 

Another thing is that according to the Credit Reference Agencies, this account is in default, but I've never received a DN. What effect is that likely to have on the outcome?

 

Regards.

 

Fred

[patrickq1]

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

use the advice here fred you cant go much wrong with the demands under CPR RULES

GOOD LUCK

i am awaiting goldfish response to my letter as set out in the above thread and its now been four weeks and i know as everyone else knows it was only an application and not a contract lol fun is about to start guys

happy new year to all

patricxkq1

[Fred Bassett]

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

use the advice here fred you cant go much wrong with the demands under CPR RULES

GOOD LUCK

i am awaiting goldfish response to my letter as set out in the above thread and its now been four weeks and i know as everyone else knows it was only an application and not a contract lol fun is about to start guys

happy new year to all

patricxkq1

 

Thanks Patrick, I've had a look at the first few posts and I can see the attraction but there is some stuff I don't understand - guess I'll have to read the rest of it and ask a few questions.

 

Regards.

 

Fred

[creditcardmug]

After a long drawn out series of written correspondence with cabot, they have now sent me an incomplete pack of original statements/another copy of the invalid app form, and another demand for payment!

 

Im now exhausted, and do not intend to reply.

[Fred Bassett]

Well I'm spitting blood now because Cahoot have twice responded to my SAR with a list of transactions and nothing else.

 

I've had a look for a suitable LBA but can't find one - can somebody please point me in the right direction.

 

Cheers.

 

Fred

[Fred Bassett]

Bump.

[Fred Bassett]

Bump.

[ohoh4312]

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

Dear Sir/Madam

Account: xxxxxxxx

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (Insert Date). The disclosure of personal data is incomplete in that at least the following documents are missing.

(Adapt this next section to your situation)

1) You have failed to provide a complete list of transactions and charges. (Add details of missing period - or a transaction that you know about which is not included)

2) You have provided no notes, or documents relating to any legal action between you and myself.

3) You have provided no notes, or documents relating to instances of manual intervention.

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

Yours faithfully,

 

 

[name]

 

Edit to suit.

 

Is this any good to you?

[Fred Bassett]

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

Dear Sir/Madam

Account: xxxxxxxx

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (Insert Date). The disclosure of personal data is incomplete in that at least the following documents are missing.

(Adapt this next section to your situation)

1) You have failed to provide a complete list of transactions and charges. (Add details of missing period - or a transaction that you know about which is not included)

2) You have provided no notes, or documents relating to any legal action between you and myself.

3) You have provided no notes, or documents relating to instances of manual intervention.

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

Yours faithfully,

 

 

[name]

 

Edit to suit.

 

Is this any good to you?

 

Cheers Ohoh. I knew I'd seen one somewhere but you can never find these things when you need them.

 

Regards.

 

Fred

[Fred Bassett]

OK, Cahoot have not responded to my letter and I have a similar issue with Goldfish. Now maybe I ought to know this, but how do I go about taking them to court to force them to produce this information?

 

Regards.

 

Fred

[toxicdebt]

Just received my Cahoot CCA and am following your progress with interest Fred.

 

Subscribing

[Fred Bassett]

Just received my Cahoot CCA and am following your progress with interest Fred.

 

Subscribing

 

Hi toxic, did they send you the whole thing or just a statement? I've just made a complain online to the ICO. I had a look at the Courts website and this is what it said I must do before I take Cahoot to court. I've not got much faith in the ICO though.

 

Regards.

 

Fred

[Pinky69]

Fred, I put an account in dispute with Cabot over T&C's and they stopped pursuing me over a year ago. They sent me 2 lots of T&C's and neither related in any way to the document they sent me as an agreement. You know only too well they will try to fob you off with anything.

[toxicdebt]

Sorry for interrupting but I have received a CCA copy virtually the same as Fred's. I got nothing else - not even a covering letter nor T&C's. I take it Pinky69 that they have not fulfilled their obligation under the CCA Act?

[Pinky69]

To fulfill their requirements under the Act, they must send a copy of the agreement, statements, a copy of the T&C's that pertained to the agreement and a copy of any other document referred to in the agreement.

[toxicdebt]

Thought so. Thanks

[Fred Bassett]

Bump. Can someone please point me in the direction of a LBA in order to force Cahoot to meet my SAR request which they seem to have no intention of doing. The ICO are a bunch of uselss tossers so this is the only option I've got.

 

Thanks.

 

Fred

[ohoh4312]

Data Protection Act: Non-Compliance - Consumer Wiki

 

This is the suggested letter in the wiki - short and not so sweet!

 

hth x

[Fred Bassett]

Cheers OHOH, that'll do nicely.

 

Regards.

 

Fred

[Fred Bassett]

[Fred Bassett]

I've just noticed that the balance on this account has risen by over £300 since I last heard from Cabot - 10% in 6 months. Are they allowed to do this? I've had no statements from them.

 

Regards.

 

Fred

[patrickq1]

do they have a valid cca fred....if not give them an ultimation put up or shut up....as for the interest i for one would nt give them a carrot ?,,and unless its gone through the courts i would nt play ping pong with them either...

patrickq1

[Fred Bassett]

do they have a valid cca fred....if not give them an ultimation put up or shut up....as for the interest i for one would nt give them a carrot ?,,and unless its gone through the courts i would nt play ping pong with them either...

patrickq1

 

Good question Patrick. This is the first I've heard from them for about 8 months. You would think that if they felt certain about things that they would have been hounding me over this but I've not heard a thing.

 

I'm not going to rush this one, I want to send the right reply. To be honest, I've lost my way a bit this year because of other things going on in my life, so I haven't paid much attention to this. I think It's about time that I did.

 

Regards.

 

Fred

[Fred Bassett]

Cabot Financial

PO Box 241

West Malling

Kent

ME19 4NA

 

FAO xxxxxxxxxxxxxxxxx

 

3rd August 2009

 

Dear Sir,

 

Account In Dispute – I Acknowledge No Debt to your Company

 

ACCOUNT NUMBER: xxxxxxxxxxxxxxxxxxxxxxxxx

 

Thank you for your letter dated 29th July 2009.

 

Cabot Financial has not responded satisfactorily to the points I have raised in previous letters.

 

 

1. This account had a balance of zero on 28th March 2008, 3 months before I had any correspondence from Cabot. I have seen nothing from you to prove that you purchased this account before 28th March 2008. I do not believe that you did so and are therefore trying to defraud me.
   
2. I have not been provided with a true copy of a properly-executed credit card agreement as requested under the Consumer Credit Act 1974. This is what I was sent in response to my request:
   

• Pages 1 & 2: Letter from Goldfish dated 4th December 2007.
  
  
• Page 3: Terms and Conditions for a
  Goldfish
  credit card. This is the first of 3 different sets of terms and conditions that I have received.
  
  
• Page 4: A copy of a Morgan Stanley Confirmation Form. This document refers to the Morgan Stanley Terms and Conditions and
  especially Condition 16 (Personal Data)
  .
  
  
• Page 5: This is the back of page 4 and is signed by a member of Goldfish staff with the words "I certify that this a true copy of the original document".
  
  
• Page 6: This is the terms and conditions that apparently complete the 'confirmation form'. They contain the same reference number as in page 4. It is noticeable that the signature confirming that this is the "original document" does not refer to this page. This page does not contain the Condition 16 referred to in Page 4. It appears to be terms and conditions that were in force 3 months prior to the date that the Confirmation form was signed. This is the second of the 3 different sets of terms and conditions. This document makes a reference to condition 7.3 of the terms and conditions. This term does not appear on this sheet or any subsequent sheet.
  
  
• Page 7: This is an "Account Information Statement". It contains details relating to another person - their name, account number and outstanding balance.
  
  
• Pages 8 & 9: This is the third set of terms and conditions. The 2nd page is dated 09/06 and makes a reference to the £12 charge, so these are current terms and conditions, not relevant to the original application form. Condition 15 is headed "Personal Data", not Condition 16 as mentioned in the earlier document.
  
  

In my opinion, I have not been provided with a true copy of the properly executed credit card agreement and therefore this account remains in dispute.

 

I will remind you that I will only correspond with you in writing and you are not to contact me by telephone under any circumstances. I will accept email to the above address.

 

Yours faithfully,

 

 

Fred Bassett