Cabot - Again! This one takes the biscuit! Advice needed please

[Boss-man]

Hi All,

 

I have been dealing with Cabot for about 18 months on and off now about a couple of alleged halifax accounts that they are chasing (they've also recently started chasing me about another account that they "bought" but thats a separate issue with its own thread).

 

Anyway, I'm fairly aware of these muppets and their tactics but I really think this one is unreal.

 

It relates to an alleged credit card debt they purchased about 14 months ago. They sent the usual letter and I responded with the CCA request. Then got the standard letter back saying it was taking longer than expected to get the docs to me and account was on hold.

 

Now, out of the blue and 12 months after my CCA request I get a letter from them saying that they have enclosed the CCA and also all statements etc relating to this account and will therefore be resuming collection on the account.

 

This is where it gets interesting. The enclosed and supposed CCA is nothing more than an illegiable application form about the product that someone has signed (cant say if its my signature or not as the copy is so bad). None of the prescribed terms on there and half the form has not been completed. So basically, as I understand it they can basically whistle for it and I'll be sending a letter telling them so. Could someone confirm that this is correct and if they did decide to take me to court on this they wouldn't have a chance.

 

The other issue here and the one that made me laugh out loud are the documents they've provided as per a SAR! The documents are photocopies of statements of a credit card account, but they are not for the account they are chasing me for! They're not even for any account of mine! The account number on the statements is totally different from the one on the CCA and also on all Cabots letters (EDIT - to make things worse on the first copy statement someone has put a line through the printed account number in pen and wrote my account number above it in handwriting!!), the name of the account holder is also different (its held in the name of a company) and the balance on the account statements are about 20 times higher than the alleged amount Cabot say I owe. Also, the transactions on the statements all relate to purchases etc 300 miles from where I live!

 

What is going on here? Do they really think that I am stupid enought to fall for this? They must be getting very very desperate to try a trick this low.

 

I would really like peoplse thoughts on this, and also for others dealing with Cabot take note of how low they will go.

 

Thanks,

Boss-Man

[NailPost]

They have not complied with the requirements of the CCA and Cabot know it but they hope you don't realise that. You could ignore them completely for that reason but I would be tempted to write back and ask for their complaints procedure. Cabot have one but I don't know how keen they are on sending it out.

 

If they do send you details make a complaint based on their non-compliance and see where that takes you. They have eight weeks to deal with the complaint to resolution. Should that not happen you ake it all to the FOS.

 

If they ignore your request that gives you immediate grounds for complaint to the FOS.

[Pinky69]

Report them to he OFT and ICO for altering documents to make them appear as if they pertain to an alleged account in your name. The more reports go in about them, the better, an each one is another nail in their coffin. They are so desperate to make money after the huge loss they have just made had that they will do anything for money and breaking the law to do so doesn't bother them.

 

Everyone who has had any dealings with them will not be surprised they have altered documents - and to do so for monetary gain is fraud.

 

 

The Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

 

 

Enquiries and Reporting Centre

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX.

[Boss-man]

Thanks for the quick replies.

 

I will certainly be writing back to them pointing out the error of their ways and asking for their complaints procedure.

 

I will also report them, as you say its another nail in their coffin.

 

I was totally shocked at the tactics they are trying! It really is ubeleivable that they think anyone would fall for this. I would love to see what a judge would say if they presented that evidence in court

 

I'll let you know how I get on with them.

 

Thanks

Boss-Man

[eagleforms]

I also have 3 accounts with these jokers and have sent them a CCA with their reply saying that despite repeated requests to the companies concerned, they haven't got the documents yet. They are well over the 12+2 time limit. Do I now send them the unenforcable letter now.

Surely if they are falsifying documents, the fraud department of the police should be involved as this is a criminal act. Has anyone tried this appraoch?

[Boss-man]

Eagleforms, I am also wondering what the next step is.

 

To be honest, in terms of the fraudulent documents it is that bad that you would have to see them to believe them. They are quite clearly statements from a totally different account, and to make it worse the person who has put a line through the account number on the first statement and wrote the other account number above it has only done it on the first statement - all the others have the original account number on and they have left the account holders name on all of them!

 

Unbelievable it really is!

 

Thanks for the replies guys.

 

Boss-Man

[PriorityOne]

Don't write and ask for their complaints procedure.... write a letter headed up COMPLAINT... they will then be obliged to answer you and give a written response.

 

Should be interesting.

 

Send by rec. delivery.

[PGH7447]

sod that inform the police that they are attempting fraud, by sending out statements that they say are your but which quite clearly belong to someone else

[eagleforms]

What do you mean PGH7447? Do you mean that the police don't care? Maybe its worth a try as it is fraudulent

[NailPost]

While I can understand why you should be firing letters off in every direction you could be wasting your time. Ask for their complaints procedure and you start the process by which you will hit them where it hurts - in the pocket.

 

If they don't resolve the matter to your satisfaction the complaint goes to the Financial Ombudsman. Its pretty clear an investigation should be carried out if only to hear Cabot's explanation why they think they can get away with documentation that is misleading at best. Such an investigation will cost Cabot £450. Much more if the FOS finds in your favour.

 

Armed with such a ruling then you can properly complain to the OFT.

[Pinky69]

The FOS are a waste of space as far as this kind of thing is concerned. Even if you sent them toilet roll they would come up with the stock reply that on balane you probably owe the money. Better to go down the complaints route and a complaint to the OFT. Cabot really are getting desperate. They will have been told by Ken to pull all the stops out and are sending any old rubbish they can lay their hands on.

[angry cat]

The FOS are a waste of space as far as this kind of thing is concerned. Even if you sent them toilet roll they would come up with the stock reply that on balane you probably owe the money. Better to go down the complaints route and a complaint to the OFT. Cabot really are getting desperate. They will have been told by Ken to pull all the stops out and are sending any old rubbish they can lay their hands on.

 

Agree!

[palomino]

Lots of varying advice here. I would suggest the following -

 

1. A polite letter to Cabot advising them that the documents they have supplied are not valid. You can explain if your wish.

Hence the matter is still in dispute.

 

2. A formal complaint to the Information Commissioner about Cabot's behaviour in sending you someone else's documents.

 

Leave it at that. Forget the police as they will wriggle and squirm like you cannot believe to get out of doing anything - save your energy and your sanity.

[Boss-man]

Hi All

 

Thanks for all the advice. I am going to write letting them know the documents are invalid and account is still in dispute. I will also report them as suggested in the previous post.

 

I'll let you all know what drivel they come back with next.

 

Thanks again for the help so far.

 

Boss-Man

[means2anend]

hi Boss-man...Means2anend here...just subscribed..most of the replies to your question are on the ball.However I have just for the past 4 months on behalf of a friend who owed £708.00 requested a copy of the original agreement.They have continued to and still continue to default.They are committing an offence.I have just sent a section 142 .Please read more specifically Section 77 subsection 1 and subsection 4 paras (a) and (b) Consumer Credit Act 1974.Then read Section 142 and then read Section 168 which points out the offence they are committing in Schedule one of that Act.Put PRessure on them to write debt off or take you to court to legally enforce.Of course they cannot 'cos they are still committing an offence.I'll get back to you with much more in that Act..Rgds:)

[means2anend]

Boss-man...it is very important that Halifax have an assigned term in that original agreement (if any) that empowers Cabot to enforce the debt from you.The Contract(Rights of Third Parties) 1999 governs this.So even if they did have that agreement and sent you it you should then 'audit it' to see if there exists a term that entitles Cabot in their own right 'assigned to them' to enforce any term of that agreement which has been 'written off' by Halifax but 'bought at a reduced discount by Cabot' that is why they're. in business it is simple buying low and recouping the WHOLE OF WHAT YOU OWEI'll get back to you with much more as for the past 9 months I have been studying CCA 1974,2006 and the above Statue and show you how to apply them to your 'particular' circumstances and AT THE RIGHT TIMING which is SO IMPORTANT...RGDS:)

[means2anend]

Hi Boss-man..Pinky69 and AngryCat are totally write.DO NOT BOTHER with Financial OMbudsmenService..OFT have much more teeth..I was being called twice a day on the phone by Lowells..and Link Financial Services...THEe OFT have seen to them and Link Financial Services have been WaRNED to not hassle or use questionable practices that may be percieved real or actual as malpractice.I however rely on the LAW itself...read THE CONSUMER CREDIT ACT 1974

[Pinky69]

Being in default of a CCA request has not been an offence since 6 April 2007.

[PriorityOne]

Cabot won't respond to pressure to write the debt off either...

[reorete]

hmmmm after waiting ages and getting applications instead of the true agreement cabot wrote me this today. any views on this please.... as discussed in our telephone converstations cabot has provided you with with the required document bla bla bla errr no im still waiting on agreement. aparantly im using delay tactics to avoid payment. on reviewing the account it is evident i have made payments to vanquis in the past and they have statements that show this debt is mine. cabot will not discuss this with me further yipeeeeeee lol pay soon or collections will escalate? wtf that mean. doorstep visits etc

[reorete]

ps im waiting to bait em by phone coz i is bored so any fast replys would be gratefull i got a pen ready for help with phone convo

[Boss-man]

Hi All,

 

Thanks for the information so far. Below is a copy of a letter I have drafted to Cabot in relation to this. Please let me know what you think before I send it.

 

Thanks

Boss-Man

 

 

Dear Sir / Madam

Reference Number:

Thank you for your response dated XXXXXXX to my request under the Consumer Credit Act section 78.

 

The contents of your response indicate that the documentation you have provided is a true copy of the original credit agreement along with account information requested under my subject access request.

 

As you must realise the document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document.

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974.

Furthermore, I would advise that you study closely the additional account information you have provided as this is also invalid.

As you have failed to provide the relevant documentation within the required timescale the account remains in dispute. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, make any further charges to the account or pass the account to anybody else.

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

Yours Faithfully

[eagleforms]

Looks good to me bossman, but I am no lawyer so don't just take my word for it

[means2anend]

Being in default of a CCA request has not been an offence since 6 April 2007.

 

Any agreement that is a live agreement which was made on or after 1974 is still an offence.BUT agreements MADE AFTER 26 MAY 2008 not be an offence.

 

means2anend

Edited December 13, 2009 by means2anend

[Pinky69]

Sorry, you are wrong. It is no longer a criminal offence not to send a copy of a credit agreement and that applies to all agreements.