Davey vs Halifax/BOS/Cabot

[davey77]

[davey77]

The first pages brings up an interesting point. It says 'the above account was purchased from BOS on 11th July 2006'. ?! What, a month after the account was opened? I don't think so! Actually Cabot bought the account December 2008:

 

[davey77]

Next page is just about how they use personal information:

 

[davey77]

[spartathisis]

I may be wrong (often am;)), but if they are putting charges on then that suggests they have had an absolute assignment rather than equitable one. This gives the rights and duties ie interest, charges, can sue in their own name etc, but the duties include providing the credit agreement, statements etc.

 

They are choosing which one they want to suit them and they cant do that. It seems to me that they are saying they are not a "creditor" under the terms of the act in which case it could be argued that you are not a "debtor" under the act.

 

By the way did you post up the Default Notice, I didnt look? If not post it up and see if there are problems with it, there is with mine from the Halifax and its from around the same time.

[davey77]

As usual Spartathisis they are choosing what they want to abide to and what they don't. Not surprising really. I consider them to be deemed "the creditor" for they have bought they account and therefore the rights and duties.

 

I have the written confirmation direct from Halifax that they no longer have any interest in this account and therefore I'm happy to go after Cabot on this one.

 

hmm Default. Yeah i think i have one around somewhere.. i'll check but i think it was valid thinking about it. Once i have sorted some of this SAR out i'll make sure.

[davey77]

There follows thereafter copies of all the correspondence i have sent them. No need to add those here as going through the thread will show what i have sent previously.

 

The only useful point is that all letters i sent that were recorded are marked as such in hand writing by Cabot. Also, some are stamped with a barcode and the word 'DISPUTE' under it or 'COMPLAINT'.

That could prove useful to some. For instance, should you take Cabot to Court and they state (as they often do in their letters) that they do not recognise any dispute, you can use their own internal dispute 'stamp' against them:

Why would they stamp 'dispute' if they didn't recognise a dispute existed?

 

 

[davey77]

This page is 1 of 2 although i don't seem to have page 2 so that's something else to complain about.

 

I have blurred those areas myself (including an address from years ago), what the rest means i am unsure of:

 

[davey77]

"Calculate Penalties = Y". Are they admitting that something is a penalty there perhaps?

[davey77]

[davey77]

Hello Guest!

[davey77]

[davey77]

[davey77]

[davey77]

After this there is more copies of correspondence mostly from Cabot. Pretty much it's what i have posted previously although they seem to have included one that i didn't get which states that they will be calling at my property.

 

Included were statements for the life of the account and this log of info:

Now does this refer to some kind of 180 day rotation that i have read re DCAs and their time limit for collecting? The 'live' info does seem to be counting down. Does that mean they hire a hit man to take me out once it gets to zero or just give up?

 

Also a question i have not had a satisfactory answer to is how they are arriving at the amounts to charge each month which seem to vary slightly.

 

What does PENIN mean? Penalty again?

 

[davey77]

 

Yes i know.. you don't have my phone number and you'll never get it either!

[davey77]

Here is a list of computer logs. I have blurred some info myself and highlighted some minor interesting bits (adding a star for help to locate):

 

[davey77]

Finally a list of Abbreviations:

 

[davey77]

Here is the Default Notice i dug out:

 

[babydoll0141917]

Hi Davey

 

Looking at ure default notice they have given you 14 days but they havent allowed 2 days for postage..so yet another default notice that is invalid

[spartathisis]

Halifax shot themselves in the foot again:)

 

1st class = 2 days del, 2nd class = 4 days.

 

14 days from service = 6th sent, 7th & 8th post, 9th service, 14 days from 10th.

 

Looks like they only want the arrears, or is that all they are allowed?

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

 

Good luck

[davey77]

yep thanks folks... looks like them taking me to Court with an invalid DN isn't going to happen.

 

I'll get to work with the ICO complaint tomorrow. Be interesting to see how they respond as well as seeing what happens once the perceived 'countdown' comes to an end.

 

Lumping on charges still i notice.. let them justify those in detail to a Judge (not) lol They won't be getting a penny.

 

Hello 'Guest' again by the way

[middenmess]

Looking through the information pasted on this and last page.....

 

Post 58. Default dated 18 May 07

 

Post 60. Last payment 10 Aug. 07

 

Post 69. Default notice dated as 6th Feb. 07

 

How do these dates tie up?

[angel_1]

hiya davey

 

been recommended to this thread of yours by 5664 cagger so guess im heading this way too eventually as bos may well sell on to this outfit, mine the same as you so will take time out to fully read your thread later

 

hope them chillies doing well, keep happy laters angel x

[davey77]

Looking through the information pasted on this and last page.....

 

Post 58. Default dated 18 May 07

 

Post 60. Last payment 10 Aug. 07

 

Post 69. Default notice dated as 6th Feb. 07

 

How do these dates tie up?

 

Hey,

 

I can't really shed any light on why post 60 states 18 May 07 default dated. The Default notice dated 6 feb is the only one i have.

 

as for last payment date 10 Aug 07. That, as they were well aware, was not a payment but a CCA request to a DCA (probably Blair, Oliver and Scott) and as per usual they added that £1 fee to the account. Standard practice to reset the Statue Barred clock and make it look on your statements as if you acknowledged the account and made a payment.