citifinancial issues

[Angel104]

Yes the letter I received is the same as the one in the link you posted. Do I ignore it?

[diddydicky]

you could write as follows

 

 

dear sirs

 

i refer to your letter of X the contents of which are noted.

 

the arguments appear to have become circular and i note that it is your intention not to communicate further in the matter

 

I therefore await service and will file unaswered , any further correspondence of a demanding or circular nature

 

Yours F

 

 

XXX

[Angel104]

The good news is that trading standards are now on cabots case over their refusal to send me a credit agreement. They have told cabot to either produce the document or write and say they don't have it and they have also been told to cease collection activity whilst the account is in dispute.

[Angel104]

Following cabots constant refusal to comply with my cca request I contacted trading standards. Today trading standards informed me that they have been in contact with cabot and cabot have told them that they have complied with my cca request.

 

On top of that when trading standards asked them why they were still sending out letters demanding money when the account is in dsipute they apparently denied doing this as well, and according to cabot they can send these letters because as far as they are concerned the account is no longer in dispute.

Its all a load of lies and I have now been advised to contact consumer direct.

[Deb T]

It is the OFT that you need to raise a complaint with regarding Cabot's activities, at the same time as this you could write to Cabot asking for them to provide by

way of recorded delivery a copy of the Original Credit agreement that they say they have previously sent and also inform them that you have made a complaint to

the OFT and that until they Cabot provide a copy of your CCA then no further correspondence with them will be entered in to. Send your letter recorded and don't sign

your usual signature.

[Angel104]

Having been told by trading standards to cease activity until the produce a credit agreement cabot have now gone and told them that they sent it ages ago.

 

quote from trading standards: Cabot swear blind that they provided this. They also denied sending a letter saying I had been misinformed as to my righ tto have it.

 

Yesterday I was back to square one when I recieved another threatening letter from cabot.

[huggys boss]

If they swear blind that they have already sent it, then they shouldn't have a problem sending another copy should they? (can't type in a sarcastic tone!)

[Angel104]

About 7 weeks ago I changed my phone number so I was a little surprised when cabot suddenly started ringing me especially as I am ex directory. I have no idea how they got my phone number does anyone else know how they get hold of telephone numbers.

 

I have sent them a telephone harassment letter and told the trading standards because they were told to cease activity until the complied with my cca request.

[Bazooka Boo]

Numerous ways of getting hold of phone numbers, unfortunately being ex directory doesn't stop them from being able to obtain your number.

If for instance your bank knows your landline number (LL) then it will have been gleaned from them, or your local council, social networks, neighbours.

 

Again if you have rang them at all, they will have obviously got your number that way, if you want to be anonymous, then you should ask your phone provider (BT?) that you wish your number to be withheld as well as ex directory, so that you control when you release your number so the other person you are calling can see your number, important if they don't receive withheld numbers.

Alternatives are to use the phone providers malicious calls procedure, or invest in the ultimate godsend that is "TruCall"............I cannot praise this box of tricks highly enough, it is worth every penny for a peaceful and stress free life, especially when DCA's ignore your requests not to harass you by phone.

The only other alternative is to report them to the Police for the criminal offence of harassment.

[Deb T]

Cabot use this company , http://www.ebiquita.com one only has to read through some of what the company supposedly does to understand how a telephone number becomes

known to them (my opinion)

http://www.ebiquita.com/searchinfo.asp

[harrassed senior]

Right, lets suppose I have a landline number that I give out to one company only, with strict information that I want this number to be witheld from their Database under the Data Protection Rules. They agree. If a DCA gets hold of this number, which is given all the 'protection' available from BT, have my Data Protection Rights been breached, and by whom?

[Angel104]

Most clients choose to search against the Electoral Roll (ER) and British Telecom's Database (BT OSIS). However, you are given options to search against all Suppression Files, for example: National Change of Address, Deceased and Goneaway Files. Where a record matches to the Electoral Roll, the system will list all names ER Confirmed at the address input by the user. By searching against BT OSIS, the Online Solution will return the BT Registered Name and Telephone Number.

 

The name and address details you input do not need to be an exact match to the details contained on BT OSIS and the ER, as the system allows for variances, using phonetic matching.

 

Other features of Ebiquita's Online Solution include individual Telephone Preference Service look-up and Batch processing.

 

So does this mean they can still get my number even though I am ex directory. Because if does then I shall be taking it up with British telecom.

[harrassed senior]

This is what I too am querying. I had a stalking issue solved by the Police a year or two ago, and I am terrified of this re-occuring once the offender is released. He actually worked for BT and would, I imagine still have connections there!

[Deb T]

Being withheld from their database is not tquite right, you'll still be on their database but not accessible by the usual look-up methods and I'm not sure sure your number being ex-directory comes under the data protection act? What part of the act do you think you're covered by?

[harrassed senior]

I just thought that by request or withholding permission for my number to go on their DATa base would be sufficient under data protection issues.

[Deb T]

You're requesting to be ex-directory, that is a fundamental difference to being on the database.

 

But in any case, many people seem to use the data protection act as a method of protection, such as companies when you're putting them on the spot

and want some information from them and they come out with the usual spiel of 'I can't give you that information because of the data protection act'

and then like here when I asked you what part of the data protection act do you think your details are being abused and you don't have a clue...

(thats not being nasty, just objective) Next time somebody uses the 'sorry we can't tell you that under the data protection act' ask them what part

of the act they're referring too?. the they more than likely won't have a clue

 

Cabot would and more than likely do have a plethora of arguments ready to go as to how they got a number, all of them probably not the right one etc.

 

On my file with Cabot they have a telephone number for me that is for me but I've never given it to them, I assume they've picked it up from

another dca ...the number is a mobile number, it's never switched on except to keep the number live (used once every six months) and the person

who the number is registered to lives in Finland....so, I am not associated with the number by name and yet Cabot have it on their systems and

the only people I give this number to and it's been over 3 years since I last gave it are dca'a and then it was only two and none of them are directly

affiliated with Cabot...so it is obvious to me that dca's are sharing information...doesn't bother me, the number is never used etc, it's just there

if I ever need it and because they have it then think they have a direct line to me...let them think that.

 

This section of the data protection act (and a wholly useless act it is in reality it's so open to misinterpretation/abuse ) might be found here if

people want their details held and not passed on....

http://www.legislation.gov.uk/ukpga/1998/29/section/10

 

I think it's a lost cause to pursue it though...but if you have been harassed/stalked it might be an angle for you but I'm reasonably sure

that a telephone number alone is not enough to be able to identify an individual unless an address is associated with it...but a number

on it's own is not enough and would not constitute a breach in the dpa

[Angel104]

Last week cabot started telephoning me. And despite me sending them a telephone harassment letter they still have not stopped. Friday the telephoned 5 times and today they started telephoning at 9.am and by 5.30pm thet had phoned 4 times. I contacted trading standards and they have not replied yet.

 

What is the law regarding telephone harassment? I am still amazed that they got hold my new telephone number.

[maroondevo52]

Total pain, get a Truecall, no more hassle.

[Bazooka Boo]

1 Prohibition of harassment. E+W

 

(1)A person must not pursue a course of conduct—

 

(a)which amounts to harassment of another, and

 

(b)which he knows or ought to know amounts to harassment of the other.

 

(2)For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

 

(3)Subsection (1) does not apply to a course of conduct if the person who pursued it shows—

 

(a)that it was pursued for the purpose of preventing or detecting crime,

 

(b)that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or

 

©that in the particular circumstances the pursuit of the course of conduct was reasonable.

http://www.legislation.gov.uk/ukpga/1997/40/section/1

 

127Improper use of public electronic communications network E+W+S+N.I.

 

(1)A person is guilty of an offence if he—

 

(a)sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or

 

(b)causes any such message or matter to be so sent.

 

(2)A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another, he—

 

(a)sends by means of a public electronic communications network, a message that he knows to be false,

 

(b)causes such a message to be sent; or

 

©persistently makes use of a public electronic communications network.

 

(3)A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

 

(4)Subsections (1) and (2) do not apply to anything done in the course of providing a programme service (within the meaning of the Broadcasting Act 1990 (c. 42)).

http://www.legislation.gov.uk/ukpga/2003/21/section/127

 

 

You should make a formal complaint to Ofcom;http://www.ofcom.org.uk/contact-us/

 

And as you have proof that you have requested them to stop harassing you over the phone, take a trip into your local Police station and report them for the criminal offence of harassment, don't let the front desk fob you off with it's a civil matter, or that there is nothing they can do, ask to speak to a senior officer or ideally the duty inspector as this is a criminal offence and will only take a phone call from the Police to put a stop to their childish antics, if not, then you will see them in court.

[rebel11]

Hi Angel104

 

It might be an idea to get hold of Truecall, that will intercept all calls, it will also keep a record of all call.

[huggys boss]

We managed to stop Cabot calling us. We sent them the telephone harassment letter and at the same time we sent them the telephone recording letter. They sent a letter saying that they had a right to call us and that we had no right to record them.

 

I am probably tempting fate here, but we have not had a single call from them in weeks when it used to be 4 or 5 a day.

 

Both letter templates are here

[Bazooka Boo]

They sent a letter saying that they had a right to call us and that we had no right to record them.

Poor misguided fools.... Hullo, Hullo, you've no right to be recording my telephone harassment.....stop it or I'll tell my Mommy..

[Angel104]

Thank you for your recent letter

 

As we take security seriously we are unable to comply with your request to stop telephoning you until we have the information below.

 

We would therefore be grateful if you could supply to us the details below for our security check so that we can deal with your request thoroughly.

 

Information we need from you:

 

o Full Name

 

o Date of Birth

 

o Address

 

Further information which would assist to appropriately deal with your enquiry:

 

o Home/Business or Mobile Telephone Number

 

We look forward to hearing from you shortly.

 

Yours sincerely,

 

Cabot

 

 

 

 

Cabot Financial (Europe) Limited have been members of the Credit Services Association since 1998 and comply to all best practice guidelines, including the CSA Code of Practice, which is given to all members of the Association. Cabot is a co-founder of the DBSG formed in 2004 and adheres to the DBSG Code of Conduct

 

 

What on earth do they want that for? And I like the part asking for my phone number they have been ringing it enough.

[dx100uk]

pers i'd ignore them

 

phishing trip me thinks

 

they'll soon show their cards

 

you are under no legal obligation to answer them by any comms method.

 

dx

[firstship]

So apart from telephone harassment which means they have your telephone number,they also have your address to be able to have written to you,so the reply has got to be check OFT guidelines concerning DCAs,and further you do not require any more information as I will refuse your security questions on the telephone,so do not bother to telephone me as I will only deal with this matter in writing.....Have you any idea why they are chasing you, have they indicated this on the phone or in writing????????????? If not then you could also just ignore them.....FS