cabot and the funding corp debt

[overdone]

The two other debts I have with Cabot are Argos Credit card and The Funding Corporation (Some branch of Capital One) Argos Credit card a long time ago informed me through their DCA at the time, I would not be hearing from their clients, Argos again. I assumed this meant, written off. It was about £200. All was fine until several months later Cabot wrote and informed me they had bought the debt. Wish I had kept the original DCA letter. The Funding Corp Debt was also bought by Cabot £15,000 approx. Nice chat on phone with Cabot staff, produced an arrangement of £20.00 per month standing order agreement which I am still honouring as well as £2.00 for Argos. Any suggestions anyone?

[pmhcfc]

The two other debts I have with Cabot are Argos Credit card and The Funding Corporation (Some branch of Capital One) Argos Credit card a long time ago informed me through their DCA at the time, I would not be hearing from their clients, Argos again. I assumed this meant, written off. It was about £200. All was fine until several months later Cabot wrote and informed me they had bought the debt. Wish I had kept the original DCA letter. The Funding Corp Debt was also bought by Cabot £15,000 approx. Nice chat on phone with Cabot staff, produced an arrangement of £20.00 per month standing order agreement which I am still honouring as well as £2.00 for Argos. Any suggestions anyone?

 

1) NEVER speak to them on the phone

2) CCA Cabot - and quick

3) Stop all payments once Cabot don't produce documents (12 + 2)

4) Sit back, relax and see what Cabot come up with - likely to be nothing

[overdone]

1) NEVER speak to them on the phone

2) CCA Cabot - and quick

3) Stop all payments once Cabot don't produce documents (12 + 2)

4) Sit back, relax and see what Cabot come up with - likely to be nothing

 

Many thanks for that advice. By the way, there is a lovely youtube video by btonbadger that shows and explains in a nutshell the power of the cca to a nieve nat west employee on the telephone. I do not know how to link it but given the above info, it is easy to find. I would not like to think that this would put ideas into the heads of some of the experienced councillors on this site, of capturing on video the same thing, or would I?

[overdone]

This is another reply concerning debt two with Cabot for The Funding Corporation. Same optimistic letter, for £15,000.00 but they do not seem to know whether this was a credit card, an Overdraft or a loan type account.

Funding Corp Acc, This arrived this morning from Cabot.

 

Dear Overdone,

 

Your request for information under the consumer credit act.

 

Thank you for your letter dated 04 July 2008.

 

We acknowledge receipt of your request under sections 77 and 78 of the consumer credit act 1974.

 

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 sec 77 and 78 of the consumer credit act 1974 and as a result cabot has returned the fee for £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.

 

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

 

Yours sincerely

Emma Robertson

 

Down the side of the letter is,

 

Your cabot ref

isabel/xxxxxxxxxxx

 

The O.C

The funding Corp

 

Acc Type

The Funding Corporation

 

You currently Owe

£15010.52

enc with letter P.O.

 

 

Edited August 11, 2008 by overdone
typo

[overdone]

This is another reply concerning debt two with Cabot for The Funding Corporation. Same optimistic letter, for £15,000.00 but they do not seem to know whether this was a credit card, an Overdraft or a loan type account.

 

Now had another letter concerning the 15,000.00 loan from The funding Corp.

 

The original lender is experiencing a delay in retrieving the information from its archives. We shall send the information to you as soon as we receive it.

We will as a gesture of goodwill put your account on hold until we receive further communication from the original lender.

Yours sincerely

Customer Relations.

[overdone]

Another begging letter for 15,000.

 

Dear Overdone,

Unfortunatly Cabot has not been able to provide you with the requested information within the relevant time period. We have worked hard to obtain this information for you. However, the original lender has not yet been able to locate the relevant information from their archives.

 

You are of course entitled to request the information direct from the original lender.

 

Although Cabot is dependent on the original lender for the information, the relevent time period has now expired. However, Cabot shall continue to request the information from the original lender to assist you with your request. We hope to receive the relevent information shortly.

 

Legally, can they keep sending me letters of their sob story?

Edited September 16, 2008 by overdone
question

[reallymadwoman]

Legally, the only thing they can't do is ask you for money until they produce the agreement. Sob story letters can be filed under I for ignore.

[overdone]

Another sob story letter about the Argos account arrived a few days ago. Tired of typing them and I am sure you know what they read like. I notice some people photocopy them into the thread without any need to click to observe. Is this easy to do?

[maroondevo52]

Hi, Overdone.

 

Have a look in here............

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

That should help.

 

Regards.

 

Scott.

[overdone]

Hi, Overdone.

 

Have a look in here............

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

That should help.

 

Regards.

 

Scott.

I did do that before Scott and somehow, with so much information to absorb and scan through, impatiently abandoned the project. You must be a good luck charm, as in this attempt, I found out how. I think it is right at the bottom of the page. Many thanks.

[maroondevo52]

You must be a good luck charm.

 

Well, thank you for that comment, let's hope it continues

 

Regards.

 

Scott.

[overdone]

"the other large loan, I think was from a subsiduary of Capital One. "The Funding Corperation," and was delivered as a cheque by a van driver carrier, which I am sure, although I signed at my front door, I signed nothing resembling a CCA, so Cabot have gone quiet on that too.

Well, I thought they had decided not to progress on The Funding Corperation one but out of the blue they sent me a large white envelope with statements which appear to be in order, with a representation of NOA. The main bits, the cca and T&C's I shall post.

 

fundcorpcca picture by overdone1 - Photobucket

 

thefundingcorptcc.jpg picture by overdone1 - Photobucket

 

I hope someone can find some flaws.

[overdone]

Also today I decided I would write to experian and equifax for my credit files to see what sort of a mess the dca's have made.

[The GodMother]

One the cca i noticed something about PPI can u clarify what that says please.

[overdone]

One the cca i noticed something about PPI can u clarify what that says please.

(Left hand side)

 

 

Part 2 Details of Insurance Products.

Name of insured person for Payment Protection Insurance:

Overdone

 

You have applied for the following Insurance Products:

PPP bronze

 

 

 

(Right hand side)

 

Part 3: Financial Particulars

 

PPP Premium cash price (A) £1,860.00

Principle Loan: (B) £10.000.00

Amount of Credit A + B © £11,860.00

Edited February 25, 2009 by overdone

[The GodMother]

would u have asked for the insurance at the time or due u think it may have been take the insurance or no loan type of thing?

[overdone]

would u have asked for the insurance at the time or due u think it may have been take the insurance or no loan type of thing?

I know I would not have asked for it so I do not know under what circumstances it was sold. Is the rest of the agreement in order?

[overdone]

Also got this today. Makes no sense in reality as I have made no payment.

 

Cabot Financial.

 

Dear Overdone,

 

The Funding Corporation Limited.

 

Repaying your account.

Thank you for your recent payment. Where applicable, we'll continue to charge interest on your account until we've agreed a repyment plan with you.

 

Contacting Cabot.

 

The most important thing for you to do now is to get in touch with us. Call 0845 xxx xxx and one of our helpful advisors will discuss the oprions for repaying your account.

 

If you have already agreed a repayment plan, please ignore this letter.

Yours sincerely,

 

Peter Anderson.

[The GodMother]

write back advising them no payment has been made as account under dispute.

 

If u know u would not have had the insurance then i would advise cabot that u are disputing the validity of the account re insurance that u would not have applied for being on there.

[overdone]

The rest of their stuff. Can someone fault it?

 

fundcorpletter1 picture by overdone1 - Photobucket

 

fundcorplet2 picture by overdone1 - Photobucket

 

fundcorpstat1 picture by overdone1 - Photobucket

 

fundcorpstat2 picture by overdone1 - Photobucket

[overdone]

.......you see I think I am going to have to find as many possible faults with this as possible to keep the account in dispute so any help would be very much appreciated.

[fuzzybobble]

Looks like they stuffed up on the notice of assignment anyway. I read somewhere that for them to be properly served they should be sent by registered or recorded delivery. Also I doubt that a blank form letter would be acceptable as a copy of it.

 

Also have you asked for a copy of the original default notice? Quite often they cannot prove that they sent one, and if they did, usually they turn out to be improperly served, due to not giving the correct amount of time to recitify the default, or the arrears on the default are not correct or made up mostly penalty charges.

 

If they cannot prove they sent a default notice, and then wrote off the debt, (which in your case they did) then they cannot serve a new one, as the account was written off, and so they cannot claim any more than the arrears at the time the DN was supposed to be sent. If the arrears at the time were mostly charges, then they're stuffed for those too.

 

I'm starting a thread about Halifax on the same thing soon. It may be of interest to you.

 

Time to send out some CPR letters. (more useful and cheaper than a SAR) to the original creditor and the DCA to see if they can come up with anything that might be to your advantage.

[overdone]

Many thanks but I do not think Cabot have defaulted this account yet because it is mearly in dispute. I do not think The Funding Corp defaulted me either come to think of it. Yesterday, I sent off for my credit files from Exquifax and Experian so I can check the DN part. I am virgin to the CPR procedure and as The Fund' Corp have never threatened court action, along with Cabot, can I send a CPR to either? I need leading by the nose you see.

[fuzzybobble]

Yep CPR can be sent to both.

 

If they have sent your account to a DCA, chances are they should have sent a default notice. Most places do when you've not paid for over 3 months. If they haven't sent one, but stopped interest and charges on the account and are demanding payment in full, then chances are they have ended the original agreement. When this happens they should send a default notice giving you 14 full days to clear the arrears on the account. But like a CCA, this has to be properly served and done in the correct way.

[overdone]

Godmother gave me this CPR request on another thread but I did not need to use it. Is this the one I send?

 

CPR REQUEST: RECORDED DELIVERY.

 

Account In Dispute.

Dear

 

I acknowledge receipt of your letter of intended legal action sent by your company on XXXXXX which was received on XXXXXX.

Please be aware that any proceedings will be extremely vigorously defended and that a counterclaim will be made against ** DCA **. I am unable to respond further at this time, since you have given me inadequate information to investigate the claim. Please note that under the Overriding Objectives, you have a duty to act reasonably at all times.

 

As you are aware, under the pre-action protocols of the Civil Procedure Rules, your letter before action should have included the following information:

4.3 The claimant's letter should —

(a) give sufficient concise details to enable the recipient to understand and investigate the claim without extensive further information;

(b) enclose copies of the essential documents which the claimant relies on;

© ask for a prompt acknowledgement of the letter, followed by a full written response within a reasonable stated period;

(For many claims, a normal reasonable period for a full response may be one month.)

(d) state whether court proceedings will be issued if the full response is not received within the stated period;

(e) identify and ask for copies of any essential documents, not in his possession, which the claimant wishes to see;

(f) state (if this is so) that the claimant wishes to enter into mediation or another alternative method of dispute resolution; and

(g) draw attention to the court's powers to impose sanctions for failure to comply with this practice direction and, if the recipient is likely to be unrepresented, enclose a copy of this practice direction.

I note that your letter failed to enclose copies of the essential documents upon which you will seek to rely, failed to ask for acknowledgement of the letter, failed to ask for a written response within a reasonable period of time, and did not draw attention to the courts powers

to force all parties to comply with the practice direction.

I intend to provide you with a full written response, but as yet I have not got adequate information to investigate your claim.

To enable me to investigate this claim I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

If you fail to disclose this information, I may apply to the court under Part 18 and part 31 of the civil procedure rules.

I will be unable to respond to your claim without this information, and by failing to supply it before starting legal action you would breach the overriding objective of the Civil Procedure Rules.

 

Request for disclosure;

I request that you send me information vital to investigating your claims, including:

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor.

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual

intervention in relation to my account formerly held with ** CREDITOR **.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

3. Any other documents you will seek to rely upon in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

Please note, I will respond to your claim in full within 14 days of your providing this information. I must advise you that if the information is not forthcoming, or if you start proceedings without furnishing this information, it will be reported to the Court that you are denying me the opportunity to settle this matter amicably.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

 

Overdone

Edited March 1, 2009 by overdone
adjustments