Cabot direct debit cancel or not?? vanquis 'debt'

[Ell-enn]

They can't add interest after CCJ for less than £5k

[Redletter]

What about before a CCJ though??

[Redletter]

The DD is now cancelled.

However, I am still unsure of the correct route to take.

 

CCA DCA or CPR request?

 

SAR Vanquis?

 

The DD was due out on the 26th so they will probably realise today that it's been cancelled. I was going to wait until they get in touch to 'inform' me of this and demand payment.

 

It said in their last letter;

 

"Terms of this arrangement

The terms of this arrangement require that we receive your payments on or before the due dates. We'll review your account regularly including the interest rate we charge and your monthly payment amount.

If for any reason we don't receive your payments by the agreed dates we'll cancel this arrangement. You'll then have to repay £xxxx.xx plus all acrued interest which would have been charged without this arrangement."

 

---------------------

 

What is that supposed to mean? I have been informed that interest is not payable and according to the last few statements from the OC, the interest rate was 0%!

[creditcardmug]

Have you sent the CCA request post 3 to cabot? if so how long ago?

[Redletter]

No CCmug I haven't yet sent it.

The reason being that there seems to be a lot of conflicting advise flying about on here about using the CPR route and NOT the CCA.

I have just been trying to establish which route to take as I dont want to do it wrong!

I was going to send a request, but as the last letter from Cabot was a while back (whilst I've been deliberating what to do next)I thought I may as well wait til they realsie the Direct Debit is cancelled and they write a threatogram, otherwise they will find it strange that there has been such a gap in correspondence.

I have no doubt they will be in touch soon as the DD was due on 26th.

[ashmk]

Send the CCA letter.

 

If you have already stopped paying them with no CCA sent they will come down on you. Dont delay, send the CCA.

 

CPR is more for when court action is on the horizion.

 

As for the SAR you dont need to worry about that at this point. If they provide enforcable paperwork then the SAR will be used to claim back charges.

 

But for now.... You only need to send the CCA letter as described in post 3. Send it asap because untill you do you have no defense for not paying.

[creditcardmug]

Send the CCA letter.

 

If you have already stopped paying them with no CCA sent they will come down on you. Dont delay, send the CCA.

 

CPR is more for when court action is on the horizion.

 

As for the SAR you dont need to worry about that at this point. If they provide enforcable paperwork then the SAR will be used to claim back charges.

 

But for now.... You only need to send the CCA letter as described in post 3. Send it asap because untill you do you have no defense for not paying.

 

Agreed

[Redletter]

Will do!

I was warned against using a Direct Debit and panicked that they may take more money than agreed.

 

This is why I wondered if I should add to the CCA letter to cover my reasoning for cancelling the DD.

Would it not be wise to claim that I was suspicious that their NOA was not legitimate as it is exactly the same type/font as their own letters.

 

Does it not mean anything that the NOA was allegedley entered into by Vanquis and Cabot Financial (UK), but all correspondence should be directed to Cabot Financial (Europe) Limited?

 

Can I not simply state that when I agreed to pay I was told the paperwork would be forwarded and I assumed that would include a copy of the Credit Agreement, and that, as this was not forthcoming I have cancelled the Direct Debit until such time as they can prove they have the right to collect?

[creditcardmug]

I dont think you need to make any excuses to cabot, send the request, they have 12+2 days to provide a valid document, if they dont send the acc in dispute letter, and stop paying them, you can always send them a PO for this months payment, if you are concerned about it

[Redletter]

Thank you I have just this second printed off the CCA letter.

I am becoming more confident and familiar with the process but I tend to stall if I become unsure about something.

I will keep you posted on here as to any developments.

Thank you your advice is greatly appreciated I hope it doesn't come accross that I am questioning your advice I am just merely trying to ensure that I dont get the wrong end of the stick!

 

Thanks again.

Redletter

[Redletter]

Oh and isn't there a paragraph I can add to tell them not to phone?

 

Thanks

[Redletter]

Btw thanks to all not just CCM!

[creditcardmug]

Suggest you send the harassment letter separately, by recorded

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

Dear Sir/Madam

 

Re: = xxxxxxxxxxxxxxxxx ACCOUNT IN DISPUTE

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls.

 

I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under The Administration of Justice Act 1970.

 

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Further to this all calls from your Doorstep Collectors must also cease unconditionally and with immediate effect. I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.

Be further advised that any further telephone calls from your company will be recorded.

 

 

I look forward to your reply

 

Yours Faithfully

[Redletter]

Well as yet I have not suffered any calls from them but I am sure it will start as soon as they realise the payment has been returned from the bank due to the cancellation of the DD!

 

I will not send it yet but I will file it for future use.

Thank you very much.

[slick132]

Hi Redletter,

 

Looking in after your posts in the BC forum.

 

I don't know if Cabot tend to produce their credit agreements or not.

 

If they tend not to, like BC, then you could move on to seek a copy of your agreement using the CPR strategy. See Link No2 in my signature below.

 

[Guest atsgreig]

Not at all set up expense by means of a DCA using Straight Debit.

Somewhere you have offered to pay £50 a month you will find £150 taken out. You have to keep in mind they desire their money and they will stretch out and take to get it.

[Redletter]

Hi Redletter,

 

Looking in after your posts in the BC forum.

 

I don't know if Cabot tend to produce their credit agreements or not.

 

If they tend not to, like BC, then you could move on to seek a copy of your agreement using the CPR strategy. See Link No2 in my signature below.

 

 

Thanks for that yes it is a very interesting and helpful thread by pt2537.

 

Well according to many on here they tend to either contend that they are under no obligation to provide the agreement but then try to fulfill their obligation by sending the application form and drawing attention to the part that reads "sign here only if you wish to be bound by the terms of the CCA1974 etc etc....", and cashing your £1 fee

OR they simply ignore the request and demand payment within 7 days threatening court action.

 

Thanks again

[Redletter]

Not at all set up expense by means of a DCA using Straight Debit.

Somewhere you have offered to pay £50 a month you will find £150 taken out. You have to keep in mind they desire their money and they will stretch out and take to get it.

 

Yes I can imagine, thanks.

I have now cancelled the DD and the CCA letter went today recorded delivery.

There has been no contact from the DCA at this point so hopefully they will take delivery of the CCA request before I get a threatogram re the direct debit!

As and when I receive such a letter I will suggest that I will pay by standing order once I am satisfied that they have legitimate evidence to support their claim, in the form of a properly executed consumer credit agreement containing all of the prescribed terms and signed by me and the OC!

[slick132]

Good move cancelling the DD.

 

Take control...........

[Redletter]

Right then the CCA request went on Monday.

I have a reply already.

They have returned the fee with a letter as follows:

 

Your Cabot Ref No. XXXXXXX

Your original lender: Vanquis

You currently owe: XXXXXX

Dear Redletter,

Your Request for information under the Consumer Credit Act

We acknowledge receipt of your request under sections 77and/or 78 of the Consumer Credit Act1974.

The Cabot Financial Group is not obliged to provide this information but we are pleased to help and have already requested the documentation for you from the original lender.

Cabot Financial does not accept the statutory fee required under section 77 and/or 78 of the Consumer Credit Act 1974 and as a result Cabot has returned the fee of £1.00 that you have sent.

What happens next

We anticipate that we will be able to provide this information within 12 days. In the event we are unlikely to obtain this information within those time limits, we will write to you again.

Contacting Cabot

If you have any queries about your account or any payment options, call one of our helpful customer advisors on 01732 524615 (Minicom: 01732 524630).

In the meantime we thank you for your co-operation.

Yours sincerely

Emma Robertson

Customer Relations Manager

_____________________________________________

 

Firstly they have acknowledged this is a formal CCA request then then have claimed they are somehow exempt from the act and are not obliged to comply! Then they contradict themselves by trying to comply!!!

 

Should I write again and remind them of section 175 and 189 re assignment or should I just wait and see if they come up with anything within the time stipulated????

 

Thanks

[ODC]

Usual Hogwash from Enema at Crapbot. They are obliged to supply you with the information or else pass your LEGAL request to the Original Creditor

[creditcardmug]

They always send out that template letter, we are not obliged, as if the law of the land applies to everyone else except cabot, give the morons the 12 +2 then fire off the account in dispute letter

[Redletter]

Hi there CCM!

Wow you are on the ball today!

Thanks for the quick response!

 

Yes it seems to be the norm from them!

 

The thing is I have seen so much on here about their methods that they really do not phase me and its thanks to people like you and your invaluable advice!

 

Is it worth SARing the OC or should I wait and see what these muppets come up with?

 

Thanks again

[creditcardmug]

Id just wait and see, i dont talk to them anymore, fedup!!

[Redletter]

Btw there is a £20 discrepancy between the original balance-less the £50 I have paid and the amount they say I owe which indicates that they assume to charge interest despite the debt being well under £1500.

 

Have you any idea which part of legislation states that they cannot charge interest on a debt of less than £5000???

 

Thanks