Cabot Financial – Dealing with Cabot Financial

[BeauBrummie]

Hi rjm22,

 

Member since April 2007 with "No posts" and "No Threads" started wonder where you work then!!!

 

Goes to show, be careful what you post red herring springs to mind!!!!

 

Beau

[maxruda]

many thanks will do. having moved house 6 times in 8 years finding the original cca will no doubt be the tricky bit thats if i have kept it.

 

again many thanks new thread coming

[BeauBrummie]

Cretter, appears to be from the same group of members with no postings since year dot

 

Why join a "Discussion Forum" if you are not willing to discuss

 

Show us your metal if you dare!!

 

Beau

[cymruambyth]

Hii BB maybe they are trying to learn the correct procedures to ensure they don't try and mislead people.

[exasperated]

many thanks will do. having moved house 6 times in 8 years finding the original cca will no doubt be the tricky bit thats if i have kept it.

 

again many thanks new thread coming

 

Then request one from them with this letter, you are going to need it to enable anyone to help you. Send it recorded delivery (cost £1.14p) and keep the receipt. When you get it back follow my previous instructions and post on here as previously advised

 

Dear Sir/Madam

Could you please forward me all the requested information, under § 77-78 of the Consumer Credit Act 1974, and under the provisions of the Consumer Credit (Cancellation Notices & Copies of Documents) Regs 1983.

1)A copy of my fully executed Consumer Credit Agreement and any other document referred to in it, including, but not limited to, a copy of Loan application, antecedent correspondence and recordings, pre-contract disclosures by you or your agents, including underwriting for insurance referred to in the Agreement for the above-referenced parties and linked account(s).

2)Copies of all papers relating to any additional insurances, including Personal Protection Insurance, referred to in the Agreement and linked accounts referred to in it.

3)Copies of all papers in relation to broker’s fees, commissions and any other monetary award and/or commissions paid to your agent and/or broker in referred to in the above-referenced Agreement. 4)

I enclose the statutory fee of £1 serial number:

Regards

[hunni2006]

Hii BB maybe they are trying to learn the correct procedures to ensure they don't try and mislead people.

 

:lol:

:lol:

 

that's a good one! lol

[angry cat]

Ooh, they would never attempt to mislead, would they?

[Fred Bassett]

but egg agreements on here caused great confusion until mastered by one of the site team.

 

Hi exasperated, could you throw a little more light on this for me please.

 

Thanks.

 

Regards.

 

Fred

[exasperated]

Hi exasperated, could you throw a little more light on this for me please.

 

Thanks.

 

Regards.

 

Fred

Alright Fred,

Yeah I'll try...

I had an Egg agrement and was told of a few people they were quite iffy and sometimes misunderstood. Then I was pointed to a sticky in the egg forum by PT but just looked and can't find it.

Hope that helps.

By the way could you have a look at Maxruda's new thread to see if you can throw some light on that for him

Exasp

[ScabHunter]

Here is the link to the Egg thread -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html

 

SH

[exasperated]

SH,

Thanks yeah thats the one

Exasp

[MAGDA]

Having problems with Cabot myself and recently had a letter from Morgans. As stated by Scabhunter earlier on, they are claiming that s.189(4) allows them to mention the prescribed terms elsewhere, if that document is referred to in the agreement (i.e., terms and conditions). This really is misleading and for someone who doesn't realise how inaccurate this statement is, could enable Cabot to easily pull the wool over that person's eyes.

 

A really helpful thread, so keep up the good work.

 

Magda

[Fester Tester]

Morgans eh? I don't think Cabot and Morgans are seeing eye to eye at the moment...

 

Accounts Unreceivable - Cabot Financial posts Massive Losses

[beachcomber60]

Just stumbled on thies thread, fantastic read - Well Done Scabhunter

 

Reason for searching the forum on Cabot is that the OH has recently received a letter from them stating that they have bought the 'alledged account' from Capone (in the same envelope was a letter from capone stating that the debt has been sold question marks hang over the authenticity of Capone's letter).

 

This account has been in dispute with capone for a year now, honestly thought capone forgot about OH as they were too busy giving me a hard time, only Debitas have tried threats, phone calls etc., before giving up not heard anything from Capone until this Cabot letter arrived.

 

Any pointers as to how OH should initially proceed?

 

Beachy

[MAGDA]

Just stumbled on thies thread, fantastic read - Well Done Scabhunter

 

Reason for searching the forum on Cabot is that the OH has recently received a letter from them stating that they have bought the 'alledged account' from Capone (in the same envelope was a letter from capone stating that the debt has been sold question marks hang over the authenticity of Capone's letter).

 

This account has been in dispute with capone for a year now, honestly thought capone forgot about OH as they were too busy giving me a hard time, only Debitas have tried threats, phone calls etc., before giving up not heard anything from Capone until this Cabot letter arrived.

 

Any pointers as to how OH should initially proceed?

 

Beachy

 

Hi, when you say the account has been in dispute (in which case it shouldn't have be sold on anyway) I assume then you had asked for a copy of the agreement - what sort of response did you get?

 

Magda

[beachcomber60]

Hi Magda,

 

Following a CCA request to capone, this is what they supplied, nothing on the reverse and some T&C's on a seperate a4 sheet of paper, no prescribed terms or anything that could link to two pages together.

 

Like mine, OH also dates from 2004.

 

Sent a dispute letter off and apart from a period of harassment from capones in-house threat monkeys Debitas no contact for a year.

 

[angry cat]

Morgan Solicitors

 

note the registered address!

[angry cat]

Caution re: Morgan, they seem to favour issuing moneyclaims through the Northampton bulk centre, in the hope of obtaining a judgement by default.

Normally they provide vague particulars of claim.

 

AC

[ScabHunter]

Just stumbled on thies thread, fantastic read - Well Done Scabhunter

 

Reason for searching the forum on Cabot is that the OH has recently received a letter from them stating that they have bought the 'alledged account' from Capone (in the same envelope was a letter from capone stating that the debt has been sold question marks hang over the authenticity of Capone's letter).

 

This account has been in dispute with capone for a year now, honestly thought capone forgot about OH as they were too busy giving me a hard time, only Debitas have tried threats, phone calls etc., before giving up not heard anything from Capone until this Cabot letter arrived.

 

Any pointers as to how OH should initially proceed?

 

Beachy

 

Hi Beachy and thanks for joining the thread.

 

You've got a good start here, in that you have got a blatantly unenforceable pre-contractual application form.

 

Did you receive a default notice? If so, was it compliant? If you don't have the DN, I would SAR (Al) Capone and see if it comes up. There is every chance they will have fouled up this as well.

 

You can't have too many layers of defence against Cabot.

 

How much of the balance is made up of unfair charges? Was there any mis-sold PPI? In my case, I clearly ticked "no" to PPI, but the buggers added it on anyway.

 

If the amount on the default notice is inaccurate by more than a de minimis issue, the default notice is invalid. If the account is then terminated, as yours clearly has been, the creditor loses the right to the balance, and is only entitled to claim the arrears.

 

Of course, the fact that the "agreement" is unenforceable means that they have no legal claim to anything anyway.

 

SH

[militantconsumer]

Subbing. Thank you for starting this thread. We have just had our first letter from Cabot so will be using this resource (and probably contributing to it).

[beachcomber60]

Hi Beachy and thanks for joining the thread.

 

You've got a good start here, in that you have got a blatantly unenforceable pre-contractual application form.

 

Did you receive a default notice? If so, was it compliant? If you don't have the DN, I would SAR (Al) Capone and see if it comes up. There is every chance they will have fouled up this as well.

 

You can't have too many layers of defence against Cabot.

 

How much of the balance is made up of unfair charges? Was there any mis-sold PPI? In my case, I clearly ticked "no" to PPI, but the buggers added it on anyway.

 

If the amount on the default notice is inaccurate by more than a de minimis issue, the default notice is invalid. If the account is then terminated, as yours clearly has been, the creditor loses the right to the balance, and is only entitled to claim the arrears.

 

Of course, the fact that the "agreement" is unenforceable means that they have no legal claim to anything anyway.

 

SH

 

 

Thanks SH,

 

OH does have the DN (which is not compliant ) & a TN so reading on the various capone threads their screwed anyway apart from arrears. No PPI & only about £200 in unfair charges.

 

militantconsumer

 

We have just had our first letter from Cabot so will be using this resource (and probably contributing to it).

 

Is yours in relation to capone?

 

Beachy

[BeauBrummie]

I have to say that all the info in the recent couple of days is all very usefull on this thread but the same theme keeps running through in the background.

 

We know we have agreements that are unenforceable, we know there are invalid or defective default notices and the like, and as Scabhunter says with Cabot you need as many layers of defence as possible.

 

I think our main problem here is to try to convince the people who are going to take the decisions where our cases go to court ie the Judges, that this shower are ---for want of a better word "[causing problems]" people out of their money by making us common folk and the Judicary believe they have a geniune case.

 

Sure there are people who just do not want to pay but the majority just want to make sure that we only pay what we are due to and if DCA does not like it thats tuff.

 

But how do we convince the legal system of this ?

 

Beau

Edited October 21, 2009 by BeauBrummie

[militantconsumer]

militantconsumer

 

We have just had our first letter from Cabot so will be using this resource (and probably contributing to it).

 

Is yours in relation to capone?

 

Beachy

 

We have simply received a letter which states "Your Cabot account is overdue" please call us etc. It does not mention any other financial institution or any amount.

 

We honestly do not know what account it relates to (but we could make a guess). We have never had a Cap One account.

 

Presumably this is one of their tactics.

 

We have written to ask for evidence to support their claim that we owe them money. Once I get this I will put the details on the correct thread and link to it from here.

 

We will be taking a very hard line against them and I am looking forward to it.

[beachcomber60]

Totally agree with you, its enforceability thats the issue I think.

 

OK so the agreements/DN is pants, if we add up evrrything we've sent on the card then add up what the OC has been paid the debt has been paid back more then once.

 

What really annoys me is the fact that OC's get tax relief on these accounts when they sell them to the dca's for about 10p in the pound then chase for the full balance. Something seriously wrong in this country !

 

Rant over:)

[MAGDA]

Morgan Solicitors

 

note the registered address!

 

 

Hi AC, Yes, I have just written to Morgans and noticed that the registered address was almost identical to Cabot's - probably pop on a different hat depending on which role they're acting out - solicitor, DCA employee, etc.

 

Caution re: Morgan, they seem to favour issuing moneyclaims through the Northampton bulk centre, in the hope of obtaining a judgement by default.

Normally they provide vague particulars of claim.

 

AC

 

yes, hoping to strike lucky with some poor unsuspecting soul.