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From Monument to.......Cabot


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Thanks for the reply. I've sent variations, but not tha specific letter, so I think I'll play with it:D

Back in February they weren't going to write to me again......they obviously don't read their own threatograms:eek:

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I haven't sent the above letter yet, however thet have written again :p

'Important Notice - Please do not ignore

We wish to advise you that your account continues to be in default. despit tprevious 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 any 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 our 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.

Contact Cabot immediately'

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  • 3 weeks later...

Hello everyone received a new letter from Cabot..

'our position remains unchanged............you have been misinformed in relation to the arguments you continue to raise and you have no grounds for your continued dispute and failure to repay your financial liabilities.

We would like to confirm again that we have taken over your account from Monument, tyhe original lender and we are responsible for administering your account, including taking payments, answering your queries and reporting information to the Credit Reference Bureaux........

Due to your continued failure to repay towards your outstanding account, your account has today been referred to our litigation department, Morgan Solicitors Collection Department, for legal action to commence. Cabot has provided all required ibformation previously and given more than adequate time for you to contact us to arrange a suitable repayment plan.'

 

Do I reply? Are Morgan and Co likely to write or issue a SD?

Any advice gratefully received.

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Hi 42man, I was fine (apart from non swine flu flu) until I received the post today!

I don't think I have sent A SAR. Cabot have sent statements from 2002, a reply form from 2001 and representations of lots of letters.

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Good luck if you join the club. They don't seem to believe that the law applies to them. All they try and do is spout meaningless words to try and sound officious and to intimidate you.

Mind you watch this space in case they do try the court route. It is a battle that has been fought many times and often won.

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Send them this;

 

Dear Sirs

 

I refer to your letter of XXXXX 2009 which was received today.

 

Frankly, I am surprised of the need to advise a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); dated XXXX 2009 for which I have proof of receipt . I can only assume therefore that they failed to inform you of their non compliance. Your client had until (date - 12+2 working days from date of sending CCA request) to comply with a legal request.

 

Should your client persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several defaults committed by xxxx under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for, both the banking code and OFT guidelines.

 

Also please note that I will ONLY communicate in writing, any calls made to me will be classed as harrassment and treated as such.

 

Yours faithfully

Print name do not sign

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Thank you cerberusalert, I have used a variation on that before but waasn't sure about Morgan due to the extra threats and 'Pre-Action Protocols'. Letter will be in the post.

Hello bb, I hope Wales is nice and sunny today.

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Thank you cerberusalert, I have used a variation on that before but waasn't sure about Morgan due to the extra threats and 'Pre-Action Protocols'. Letter will be in the post.

Hello bb, I hope Wales is nice and sunny today.

 

Hiya cymru, wales is changeable today but at least it's mostly dry :) How's it where you are?

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Another question.......Cabot have sent me representations of ltters that they had sent, but one of them is very different from the original that I have. Should I point this out or wait until any further action is taken against me?

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I've just received this letter from Morgan, Cabot's pet solicitors.

http://i399.photobucket.com/albums/pp74/cymru_1/scan0017.jpg

Does anyone have any suggestions for an appropriate reply please?

 

 

Got the same letter the other day so me thinks they have written a "job lot" response.

 

Will send something along the lines of the letter by cerberusalert in a couple of weeks.

 

Agree with Babybear "stoopidest" DCA

 

Beau

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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  • 3 weeks later...

Hello,

 

Well I never they have an employee called Morgan, who works for Morgans solicitors. How weird is that.

 

Or it it the height of arrogance:rolleyes:

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Well it looks like Morgan have the same skills of comprehension as their masters at Cabot :rolleyes:

they have ignored my response to their last letter and have sent it out again, with a different date. :confused:http://i399.photobucket.com/albums/pp74/cymru_1/scan0017.jpg

 

Hi does anyone have any further suggestions of the best reply to this..........pleeeease.

Thank you C

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Hi does anyone have any further suggestions of the best reply to this..........pleeeease.

Thank you C

 

I am at exactly the same stage with the same letter only a couple of weeks ahead of you----I have still not replied ---- I am really worried they will issue a claim??????? (only joking)

 

Seriously I think they are trying to bamboozle us and beat us into submission. Crapbot really do believe that they have the right to collect on the evidence that they have and I think it is now down to us as to take it to the next stage ie stop them processing the data under s10 by getting a court order??

 

I am waiting for inspiration same as you!!!

 

 

Reaching for the N244 or maybe not??

 

Beau

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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Hi BeauB thanks for the words of support. I think that as I've just received 1st court papers on behalf of a battle I'm fighting for oh I'm feeling a little panicky!!!!

I know they are talking a load of b******* but......

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The information supplied in that letter from Morgans is only the info they recieve on a CD-rom when they bulk buy debts from banks etc. They will have a generic sales document between the OC and themselves in which it says they agree to buy debts at such and such a price (usually 10% of face value). This document is a long one but does not contain any details of individual accounts. This is supplied as they buy the bulk debts and will have only the details given in the letter - no documents or agreements of any kind are supplied which is why they get in a tizz when you ask for them.

Just a bit pushed to re-read your thread but if they have started court action use CPR18 to get all the info they have not supplied vis a vis copy of the executed agreement, default notice, notice of assignment AND the deed of assignment (aka the sales document).

 

It may also be useful to SAR them although this takes 40 days and they will take it to the wire - it's the way they operate.

 

Do not give them an inch. And don't panic they can and will be beaten.

 

Will catch up on it all later.

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