Cabot - do they ever admit defeat?

[steveoram1]

Long story condensed for you - need advice as to what is best next move. Had a loan account with The Associates which was eventually taken over by Citigroup. Paid them sporadically over the years with the upshot being that the account was eventually bought by Cabot who then stepped up the collection activity bigtime .At the time they sent me an assignment letter saying that they had rights to share my data etc. Sent them a CCA request to which they have still not responded (6 months later) and thought that was the end of it. Next instalment received a court claim via the infamous Brian Hodgson Solicitors for the full amount plus loads of spurious costs so figured nothing to lose and sent back a CPR 16 request for all the documents at which point they decided to discontinue the claim. Figured I would now become a thorn in their side and sent them a S10 Data Protection Act notice telling them to stop storing/sharing my data and asking them for compensation proposal for the data they have already shared without my consent. I'm thinking that if they have the paperwork then they've had ample opportunity to put up or shut up & would have done so long before now. Today received a letter telling me they have both a right and obligation to share my data and I can basically go forth & fornicate. Question for the legal seagulls - what is my next move? I'm not really hoping for compen and don't envisage the need for me to apply for finance in the short to medium term but just want to be as much of a buggeration to these leeches as I can. How do I complain to the OFT that they have not fulfiled CCA requirements re information request and are not fit & proper? How do I complain to the Information Commissioner that my data is being disseminated illegally? Anything else I can do to apply a bit of pressure?

Edited November 5, 2008 by steveoram1

[steveoram1]

Bump

[bobbyh99]

Steveoram1

 

You have got further than me, they haven't even bothered to reply to any of my letter, CCA request, S10 etc etc.

 

The ICO have complaint forms on their website, but experience in this tells me that it won't help. I complained about another company (London Scottish) as they had no CCA etc etc and the ICO ruled in their favour!!

 

But best of luck

BobbyH

[100mel]

I'm in the same situation - I put a Section 10 Notice on them, made a complaint using their complaints procedure (never acknowledged) and subject access request for the CCA as all I have ever had both from them and original creditor is one sheet photocopy of illegible application form - my problem is the default info they have slammed on to my credit file - they have threatened me with court too. I was waiting for this because it would be easier to defend. However, I don't think we have any other option but to go to court. How about fellow Cabot sufferers getting together and sharing POC's so that we could inundate them with claims?

 

Mel

[citizenB]

I'm in the same situation - I put a Section 10 Notice on them, made a complaint using their complaints procedure (never acknowledged) and subject access request for the CCA as all I have ever had both from them and original creditor is one sheet photocopy of illegible application form - my problem is the default info they have slammed on to my credit file - they have threatened me with court too. I was waiting for this because it would be easier to defend. However, I don't think we have any other option but to go to court. How about fellow Cabot sufferers getting together and sharing POC's so that we could inundate them with claims?

 

Mel

 

Mel, there is already a Cabot fan club.. here

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html?highlight=Cabot

[steveoram1]

Have composed this letter to Cabot. Wonder if anyone can have a read and post any suggestions. Ta

 

Further to your letter of 31/10/2008 regarding the Statutory Notice under S.10 of The Data Protection Act, which I sent you on 31/09/2008. I note that you failed unsurprisingly to respond within the statutory timeframe.

 

 

Please forward by return a copy of the original credit agreement that you refer to in your letter and which you claim gives you the right to store and process my personal data. Should you not be able to provide this document I would be grateful if you could explain exactly which part of Schedule 2 of The Data Protection Act you refer to in your letter as in the absence of such a document there exists no financial contract between us and I would also suggest that your continued processing of my data would be contrary to Schedules 1 and 2 of the Data Protection Act.

 

 

Please note that this is the third time I have requested a copy of this document from you. The first occasion was on 20/05/2008 when I sent you a request accompanied by the correct fee for information pursuant to The Consumer Credit Act S.77 i.e.

 

77 Duty to give information to debtor under fixed-sum credit agreement

(1) The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer, —

(a) The total sum paid under the agreement by the debtor;

(b) The total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

©The total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

 

(4) If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b)If the default continues for one month he commits an offence.

 

Thus far you have not properly responded to that request and thus have committed a criminal offence.

 

The second time I requested a copy of the document you refer to was by way of a request for information under the Civil Procedure Rules on the 30/05/2008. This request was made to you because you neglected to enclose a copy of this agreement with your County Court claim contrary to the Civil Procedure Rules. This was sent to you shortly before you discontinued your poorly conceived and unsubstantiated County Court claim against me. Once again you either chose not to send me a copy of this often cited credit agreement or were unable to due to the complete non-existence of the aforementioned document.

Please note that in addition to committing a criminal offence by not responding in the proper manner to a valid CCA S.77 request you have also failed to fulfil some of the requirements of your licensing body – The Office of Fair Trading. E.g.

OFT 969 S.2.5 (Integrity Issues)

Examples of the kind of evidence that may involve integrity issues include the following:

• any breach of CCA Regulations, such as those relating to advertising, agreements, pre- or post-contract information or early settlement

 

 

OFT 664 S. 2 (Unfair Business Practices)

 

S. 2.2 e. failing to provide debtors or creditors with information on status of debts, for example, not providing requested balance statements when reasonably requested.

 

 

In summary I find your response to be totally unsatisfactory and I fully intend to initiate complaints to Trading Standards, The Office of Fair Trading and The Information Commissioner and also initiate legal proceedings against you for non-compliance with my S10 Data Protection Act Statutory Notice and compensation under section 13 of The Data Protection Act for the damage and distress your previous processing, storing and communicating to third parties of any data of which I am the subject has caused me. You have 14 days from receiving this letter to reconsider your position and respond accordingly.

 

If you do not understand the meaning of this letter I suggest you consult legal counsel. Please note that the only response from you that will negate the need for me to take the aforementioned action would be: -

a). An acknowledgement from you that in the absence of a legible, signed agreement containing the prescribed terms no legal debt exists.

b). An undertaking from you to remove or facilitate the removal of any previously shared data from any relevant filing system (as defined by The Data Protection Act).

c). An undertaking from you to cease storing, processing or sharing my data.

An apology for your past conduct in this matter would also be appreciated. The County Court system of this country does not exist to be used by companies like yours as a method of debt collection.

 

 

 

I look forward to hearing from you.