cabot and monument debt

[overdone]

what ever gave u the idea they know stuff in the first place?

This is my first tenner on a SAR so I am wet behind the ears in that respect like most debtors out there. They are very effective at, trying it on, as you can tell from this miltipage thread. I suspect they get some good results with their tried and tested formulas at B/S. Pulling the wool is an art form. "You can fool some of the people some of the time and all of the people some of the time and that is usually good enough." as the saying goes. What I need is a list of missing items and as I don't know what should be in a SAR I can only do some educated guess work and wait to stand corrected.

[overdone]

SAR

 

Missing, from the results of the SAR cabot sent me.

 

Argos Card

Some of the statements are missing.

Cabot actually defaulted this debt, yet no default letters included in SAR.

 

Monument

No statements.

Again defaulted by Cabot, but no copies of default letters in SAR.

 

The Funding Corporation

 

No statements on this loan account (Maybe not necessary)

Never been defaulted by The Fund Corp or Cabot so no default notices supplied by cabot.

[The GodMother]

Re the missing items from the SAR.

 

I would write a letter like this.

 

Dear cabot.

 

I DO NOT ACKNOWLEDGE ANY DEBT TO CABOT OR ANY COMPANY CABOT CLAIM TO REPRESENT.

SUBJECT ACESS REQUEST. REQUEST FOR MISSING DOCUMENTS.

I am writing in regards to the subject access request made by me on XXXXXXX.

 

I am rather concerned as the subject acess request that you send ALL documentation in relation to me. Affter going threw the decuments you send me i have noticed that serval documents are missing. As result i require you to send me them all by .

Alleged argos debt. Your ref XXXXXXXXX

 

Full set of statements ( you can change that to statement numbers XXXXXX)

An EXACT copy of The deafult notice that Cabot alleges exist for this ALLEGED account.

 

Alleged Monument Account Your ref XXXXXXX

 

Full set of statements.

A EXACT copy of the deafult notice that Cabot alleges exists.

 

The Funding Corporation Your ref XXXXXXXX.

 

A full set of statements for this ALLEGED account.

 

I remind you that if you have not supplied this information by XXXXXX that your will be in deafult of the data protection act and i will report Cabot to the relivant authorites and anybody else i see fit these may be Information comissioner Office, Office of fair trading, The press local and national television and radio stations.

 

I trust you can comply before the date.

 

Yours

Overdone

[overdone]

28 July 2009.

 

Cabot Financial Ltd

P.O. Box 241

West Malling

KENT

M19 4NA

 

Dear Cabot. (RECORDED DELIVERY)

 

SUBJECT ACCESS REQUEST. REQUEST FOR MISSING DOCUMENTS.

 

I am writing with regard to the Subject Access Request made by me on 22 May 2009.

 

I am rather concerned as to the omissions of The SAR pertaining to be ALL the documentation in relation to myself. After going through the documents that you have sent me, I have noticed that several documents are missing. As result I still require that you send them to me within 12 days from the above date.

 

Alleged Argos debt. Your ref. ''''''''''''''''''''''''''''''''''''''''''

 

Missing statements from and including, September 2002 to May 2003.

EXACT copies of the default notice that Cabot alleges exist for this account.

 

Alleged Monument Account Your ref. """""""""""""""""""""""""

 

A full set of statements for this alleged account.

An EXACT copy of the default notice that Cabot alleges exists for this account.

 

The Funding Corporation Your ref. """""""""""""""""""""""""

 

A full set of statements for this ALLEGED account.

An EXACT copy of the default notice that Cabot alleges exists for this account.

 

I remind you that if you have not supplied this information within 12 days that your will be in default of the Data Protection Act and I will report Cabot to the relevant authorities.

 

I trust you can comply in time.

 

Yours faithfully,

Edited August 8, 2009 by overdone
clarity

[johnny131070]

Subbing as i am in a similiar position for a monument card that cabot are chasing from may 04. Had all the same letters as you have had!

[overdone]

Subbing as i am in a similiar position for a monument card that cabot are chasing from may 04. Had all the same letters as you have had!

Reassuring to find you are arguing with template letters and paragraphs and nothing more inteligent than that. I put all my letters up on all my threads and all my responses too. Other people, particularly new to the scene, get to see the whole picture before it happens to them.

[Meldrew]

"I am rather concerned as to the omissions of The SAR pertaining to be ALL the documentation in relation to myself."

"purporting", Shirley?

[overdone]

Overdone: please visit the thread Tales of a dodgy DN - further discussions, its going round in circles there on the point of whether a contract is terminated on the back of a defective DN or not. I go with your understanding, but there are some strong arguments against that view.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html

 

 

"If they cannot prove they sent a default notice, and then wrote off the debt, (which in your case they did) then they cannot serve a new one, as the account was written off, and so they cannot claim any more than the arrears at the time the DN was supposed to be sent. If the arrears at the time were mostly charges, then they're stuffed for those too."

 

As far as I am aware, Cabot defaulted the Monument and Argos card correctly but did not include any D Notices in my SAR, that is all, but it remains to be seen if they can come up with these 2 default notices. What I am curious about is The Funding Corp debt which has never been defaulted but sold on to Cabot. It does not appear on my credit files at all. It may be that, to write off a debt and sell it on does not require a default notice and that all cabot need to do is issue one correctly at some point.

Edited August 8, 2009 by overdone
add info

[Fester Tester]

An account can be assigned at any time. It doesn't have to be because you have defaulted.

 

However, if you have technically defaulted but the OC doesn't follow through and actually default you, you are still in debt, and since they will dump you eventually, they can still assign the debt. Its then up to the new owner to issue a default notice if they wish to record that with the CRAs. They can't just record it otherwise. Normally they just take over the reporting of a default, but in this case it appears that there was no default to carry on reporting. If you get my drift.

[overdone]

An account can be assigned at any time. It doesn't have to be because you have defaulted.

 

However, if you have technically defaulted but the OC doesn't follow through and actually default you, you are still in debt, and since they will dump you eventually, they can still assign the debt. Its then up to the new owner to issue a default notice if they wish to record that with the CRAs. They can't just record it otherwise. Normally they just take over the reporting of a default, but in this case it appears that there was no default to carry on reporting. If you get my drift.

So can Cabot now go ahead and default me?

[Fester Tester]

They could and I am surprised they haven't because they love to kick you when you are down.

 

But maybe they haven't because they are not geared up to do that. It's maybe too hard to work out what to do when their usual way of workin is just to let the CRAs no that they have taken over the reporting.

 

Either that or they no that since you don't actually have an agreement with them, they can't default you. So I think it unlikely they will bother, at least until somebody starts thinking for themselves in that company.

[overdone]

20 August 2009

 

Cabot Financial.

 

Dear Overdone,

 

Monument Credit Card.

 

Important Notice - Please Do Not Ignore

 

We wish to advise you that your account continues to be in default. Despite previous correspondence and requests from us, you have failed to settle or set up an arrangement on your account. Accordingly, the outstanding balance is payable immediately.

 

If you do not take action

 

If you do not take any positive action to settle the outstanding balance with us immediately, we will either forward your account to an external Debt Collection Agency or commence legal action to recover this debt if your account meets out litigation criteria.

 

Please note, that if we commence legal proceedings further costs and interest may be applied to your debt as part of a county Court Judgement.

 

Yours sincerely

 

 

Lindsay Thomas

[overdone]

20 August 2009

 

Cabot Financial.

 

Dear Overdone,

 

Argos Card Services limited.

 

Important Notice - Please Do Not Ignore

 

We wish to advise you that your account continues to be in default. Despite previous correspondence and requests from us, you have failed to settle or set up an arrangement on your account. Accordingly, the outstanding balance is payable immediately.

 

If you do not take action

 

If you do not take any positive action to settle the outstanding balance with us immediately, we will either forward your account to an external Debt Collection Agency or commence legal action to recover this debt if your account meets out litigation criteria.

 

Please note, that if we commence legal proceedings further costs and interest may be applied to your debt as part of a county Court Judgement.

 

Yours sincerely

 

 

Lindsay Thomas

[mysticpols06]

Subbing - Hi OD we are at almost exactly the same stage as you - Received exactly the same letter as you have posted above & were advised to send them the no visitors allowed letter & then we received a letter last week from them in reply - but from another of their baby companies called FIRE. Am working on a suitable response to them at the moment. Will post the link to our thread for if you wanna look.

Take care, Mpols x

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/166869-cabot-aarghhhh.html

Edited August 27, 2009 by mysticpols06
Added link to thread :-)

[Dibsthefrenchie]

I also received one of those letters on Monday, and I thought it had been written just for me!

[pecky1]

Subbing same as you with letters from FIRE,CABOT, regarding ARGOS and Monument

[overdone]

Two letters today. One Monument the other Argos.

 

Cabot. Financial.

 

19 October 2009

 

Dear Overdone,

 

Monument and Argos

 

External Agency Recovery Notification

 

We've previously advised you that if you didn't repay your outstanding debt to Cabot, we'd take further action. Therefor, unless we hear from you immediately we'll instruct one of our debt recovery agents to call on you to collect the debt.

 

Contacting Cabot.

 

Call o845 0700 796 urgently and speak to one of our customer advisers.

 

Yours sincerely

 

 

Lindsay Thomas

[The GodMother]

yep write them a letter

saying bog off

[overdone]

More begging letters.

 

Fire

Financial Investigations and Recoveries Europe Limited.

P.O. Box 4506

Rugby

CV21 9DY

 

4 November 2009

 

Make Us a Reasonable Offer

 

Dear Overdone,

 

Monument

 

Despite repeated requests for payment, you still owe our client, The Cabot Financial Group £2833.37

 

As a final attempt to resolve this matter and to stop any further action, FIRE will guarantee to consider any sensible offer in full and final settlement of your account. This offer can be either a one off payment plan, provided contact is made with this office by 19 November 2009.

 

Contact our team now on 0845 0700 381. Our opening hours are Mon to Fri 8.00 - 21.00 sat 9.00 - 17.00 Alternatively you can submit your offer by email to info@fireltd.co.uk or via our website FIRE - Financial Investigations & Recoveries Europe Ltd.

 

Yours sincerely

 

Fiona Reeves

Edited November 6, 2009 by overdone
add info

[overdone]

Fire

Financial Investigations and Recoveries Europe Limited.

P.O. Box 4506

Rugby

CV21 9DY

 

4 November 2009

 

Make Us a Reasonable Offer

 

Dear Overdone,

 

Argos

 

Despite repeated requests for payment, you still owe our client, The Cabot Financial Group £188.84

 

As a final attempt to resolve this matter and to stop any further action, FIRE will guarantee to consider any sensible offer in full and final settlement of your account. This offer can be either a one off payment plan, provided contact is made with this office by 19 November 2009.

 

Contact our team now on 0845 0700 381. Our opening hours are Mon to Fri 8.00 - 21.00 sat 9.00 - 17.00 Alternatively you can submit your offer by email to info@fireltd.co.uk or via our website FIRE - Financial Investigations & Recoveries Europe Ltd.

 

Yours sincerely

 

Fiona Reeves

__________________

[overdone]

What about, send me a reasonable CCA agreement, in line with the law of the land and befitting of fit and proper persons to hold a consumer credit licence.

[spartathisis]

Would a sensible offer be two fingers and "bog off"?

[overdone]

Cabot Financial

 

18 November 2009

 

Our response to your correspondence

 

I refer to your letter addressed to our external agent, Financial Recoveries & Investigations Ltd received on 6 November 2009, which has been forwarded to me for response.

 

I understand that you believe we have not fully complied with your Subject Access Request under the data protection Act as we have not provided an exact copy of the default notice and full set of statements regarding all of the above referenced accounts.

 

As stated in our letter dated 22 June 2009, a SAR entitles you to a full data file, consisting of all information held on relevent filing systems and electronic records, regarding you and your account with the Cabot Financial Group.

 

Upon reviewing our records (really?)the original lenders, Argos, Monument and The Funding Corp, registered the defaults in relation to the accounts. (Now which of you is lying? Both Experian and Equifax overtly state CABOT registered the defaults) Therefor, the default notices, (if any) were issued by the original lenders and are subsequently not held on file with Cabot. (I wonder what the credit references agencies would do if I sent this frank admission? Remove my defaults?)

 

With regards to full statements of your accounts, you were provided with all the statements that Cabot held on file for these accounts.

 

Should you wish to obtain the aforementioned information, I would recommend you contact the original lenders directly. I have provided their contact details below.

 

For your ease of reference the outstanding balance on your accounts are as follows:

 

Cabot ref xxxxxxxxx

Cabot Ref xxxxxxxxx

Cabot Ref xxxxxxxxx

 

I would recommend you contact the Collections Department of our external agent, FIRE, within 14 days, on 0845 xxxx xxxxx who we hope can come up with more hogwash than we can in order to get you to give us our christmas spending money. Failing which, these accounts will be esculated within FIRE's collection procedures. (FIRE and paperwork? Don't give me ideas)

Edited November 22, 2009 by overdone
spelling

[pecky1]

Bet there on your Xmas Card List!!

Maybe they might invite you to thier Xmas Party( Sorry forgot they need your money first) HO HO HO!!!!

Pecky1:D

[overdone]

All three accounts have now had a, we will send the boys in letter.

 

FIRE

Financial Investigations and Recoveries Limited.

 

P.O. Box 4506

RUGBY

CV21 9DY

26 October 2009

 

Ref No xxxxxxxxx

Client Cabot Financial Group

Original Lender. Argos Card Services.

Original Lender

Outstanding Balance £188.84

 

Pre-Visit Notification

No Further Notice or Warning Will be Given.

Client Cabot Financial Group.

Refxxxxxxxxxxx The Funding Corporation £15010.52

Outstanding Balance.

 

Dear Overdone,

 

Your debt has been referred to us by the Cabot Financial Group. Due to the time this debt has remained unpaid. Immediate action is now required.

 

You must contact us within 48 Hours with

 

* A full settlement or a suitable offer of repayment.

 

If you Fail to respond, then we are instructed to continue with all recovery methods, which may result in one of the following actions being taken:

 

Our client commencing legal proceedings against you:

 

Doorstep Agents calling upon you.

Contact our recovery department on 0845 0700 381. Our opening hours are Mon to Fri 8.00 - 21.00 Sat 9.00 - 17.00

 

Yours sincerely

 

Fiona Reeves

Recoveries Manager.

__________________

Edited November 25, 2009 by overdone
add info