cabot and the funding corp debt

[The GodMother]

Yep it is but be warned some companys refuse to acknowledge it as a CPR as CPRs are used for court cases. They may write back asking for a £10 fee as they might be treating it as a SAR

[overdone]

Yep it is but be warned some companys refuse to acknowledge it as a CPR as CPRs are used for court cases. They may write back asking for a £10 fee as they might be treating it as a SAR

Then surely it would be as well to wait for cabot to issue an LBA?

[The GodMother]

Yes it might be cheaper and easier.

 

Although the choice is yours.

[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.

Both C.Ref agencies, Equi and Exper, have no record of the Funding corperation debt, at all. Cabot have defaulted me on the other two debts though. Argos and Monument.

[overdone]

Yep it is but be warned some companys refuse to acknowledge it as a CPR as CPRs are used for court cases. They may write back asking for a £10 fee as they might be treating it as a SAR

Now this letter on The Funding Corporation.

 

CABOT FINANCIAL.

 

Dear Overdone,

 

Please call urgently , and speak to one of our helpful customer advisors about your account.

 

Our aim is to help customers get their accounts cleared so do contact us soon!

 

Yours sincerely,

Peter Anderson

[The GodMother]

Now this letter on The Funding Corporation.

 

CABOT FINANCIAL.

 

Dear Overdone,

 

Please call urgently , and speak to one of our helpful customer advisors about your account. lol helpful then can then provide u with the cca u have requested.

 

Our aim is to help customers get their accounts cleared so do contact us soon! What account oh the dud one u brought good luck.

 

Yours sincerely,

Peter Anderson

 

 

oh how nice of them to write.

 

File and ignore.

[overdone]

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.

 

Godmother, the valid CCA is here.

[overdone]

Cabot Financial.

 

22 April 2009

 

Dear Overdone,

 

RE The Funding Corperation.

 

Your outstanding debt of £15,010.52

 

We have still not received any satisfactory response from you about repaying the above amount. Unless you contact us within the next 7 days we'll take action to recover this debt, together with any interest and charges which may be payable.

 

We'll either

Instruct an external collection agency to call on you to recover the debt.

 

or instruct a solicitor to start legal action. This may result in a County Court Judgement being obtained against you, which could severely affect your ability to obtain credit in future.

 

County Court Judgement

 

If a county court judgement is enforced, this may lead to one of the following.

 

A Charging Order. This means if you currently own Blah Blah

 

An Attachement of Earnings Order - This means that the Blah Blah

 

Order to obtain information - This means that the court Blah Blah

 

Contacting Cabot

Call us on 0845 xxx xxx our minicom number is 01732 524630

Yours sincerely

 

Lindsay Thomas

Edited April 27, 2009 by overdone

[overdone]

Yes it might be cheaper and easier.

 

Although the choice is yours.

I think now is the time for the pre court action protocol letter? Posted it Recorded Delivery on 27th April, Monday.

Edited April 27, 2009 by overdone

[overdone]

Cabot Financial.

 

29 April 2009

 

Your Subject Access Request.

 

The Funding Corporation.

 

Further to previous communications relating to the above referenced credit agreement.

 

You have requested copies of all correspondence and information we hold on our records in relation to your account. Such requests are known as Subject Access Requests and carry a £10.00 fee.

 

Upon receipt of this payment we would be happy to supply you with the information that you have requested.

 

We look forward to receiving your cheque made payable to Cabot Financial Lmtd if you wish to proceed. Please ensure that your payment is clearly marked Subject Access Fee.

 

Furthermore, as per your request I have enclosed a copy of our complaints leaflet.

 

Please be advised, that with regards to the other information you have requested this has been referred to our Customer Relations Department who will contact you accordingly.

 

Emma Robertson

 

Well I did not do an S A R request. Do cabot take people to court?

[The GodMother]

write informing them is a pre court action protocal request and they need to desclose this info b4 they issue court papers.

[overdone]

"Please be advised, that with regards to the other information you have requested this has been referred to our Customer Relations Department who will contact you accordingly."

 

Perhaps they will contact me accordingly but if they make a mess of the Pre Court Action Protocol, they can hang themselves. Also, this account has never been defaulted, not even by the Funding Corperation nor by Cabot and does not show on Exp or Equif even as a loan I have ever taken out.

[overdone]

"Please be advised, that with regards to the other information you have requested this has been referred to our Customer Relations Department who will contact you accordingly."

 

Perhaps they will contact me accordingly but if they make a mess of the Pre Court Action Protocol, they can hang themselves. Also, this account has never been defaulted, not even by the Funding Corperation nor by Cabot and does not show on Exp or Equif even as a loan I have ever taken out.

Cabot Financial

 

30 April 2009

 

Dear Overdone,

 

Your Query

 

The Funding Corporation.

 

We refer to previous communications regarding the account detailed opposite.

 

Please find enclosed copies of the application form, terms and conditions, statements and the notice of assignment for this account.

 

We trust this clarifies the situation.

 

Contacting Cabot

 

If you have any queries, please call one of our customer advisors on 01732 524615.

 

yours sincerely,

 

 

Emma Robertson

Customer Relations Manager

[overdone]

Their response to the pre court action protocol letter is the same response as their CCA request. Same info but this account was never defaulted by The .Funding Corporation or Cabot.

 

http://s425.photobucket.com/albums/pp336/overdone1/?action=view&current=fundingcorpcca.jpg

 

http://s425.photobucket.com/albums/pp336/overdone1/?action=view&current=thefundingcorptcc.jpg

 

http://s425.photobucket.com/albums/pp336/overdone1/?action=view&current=fundingcorpletterone.jpg

 

 

http://s425.photobucket.com/albums/pp336/overdone1/?action=view&current=fundingcorplettertwo.jpg

 

http://s425.photobucket.com/albums/pp336/overdone1/?action=view&current=fundingcorpstatementone.jpg

 

fundcorpstat2 picture by overdone1 - Photobucket

Edited July 8, 2009 by overdone
highlight

[overdone]

Cabot Financial.

 

11 May 2009

 

Dear Overdone,

 

The Funding Corporation

 

Important Notice - Please do not ignore.

 

We wish to advise you that your account continues to be in default. Despite previous correspondence and requests from us, you have failed to settle, or set up an arrangement on your account. Accordingly, the outstanding balance is payable immediately.

 

If you do not take action

 

If you do not take any positive action to settle the outstanding balance with us immediately, we will either forward your account to an external Debt Collection Agent or commence legal action to recover this debt if your account meets our litigation criteria. (What does that mean)

 

Please note, that if we commence legal proceedings further costs and interest may be applied to your debt as part of a county court judgement.

 

Contact Cabot Immediately.

[overdone]

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.

This is what I am relying on with The Funding Corp debt as all the CCA criteria seems to be in place and flawless.

[banker_rhymes_with]

Hello OD!

 

The Default Notice, or lack of it, could well be key.

 

How far have you managed to get to obtain a copy of that, assuming they even issued one?

 

Have they demanded full Payment yet, i.e. Arrears plus any Balance that was not otherwise due?

 

Have they sent you any letters that say the Agreement has been Terminated?

 

Cheers,

BRW

[overdone]

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.

 

No default notice was issued by The Funding Corporation although the account was sold on to Cabot. The account does not even show at all on Experian and Equifax Files. I would have thought that The Funding Corporation and Cabot have messed up by not doing so.

[overdone]

Hello OD!

 

The Default Notice, or lack of it, could well be key.

 

How far have you managed to get to obtain a copy of that, assuming they even issued one?

 

Have they demanded full Payment yet, i.e. Arrears plus any Balance that was not otherwise due?

 

Have they sent you any letters that say the Agreement has been Terminated?

 

Cheers,

BRW

 

No every letter cabot has sent to me is printed on this thread.

[overdone]

Today I have sent them a S.A.R for all three accounts and a ten pound Postal Order.

[The GodMother]

Overdone.

 

Not meaning to be funny but you do realise it is £10 per SAR request.

[overdone]

I understood that with SAR they had to send all the information they held on you irrespective of the number of accounts.

[The GodMother]

no its £10 per request from what i understood as the 3 i had with littlewoods i had to send 3 seperate requests but it might just be littlewoods being awkard.

 

Lets see what they send in relation to this then go from there.

[overdone]

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.

Am I to understand then that, The Funding Corporation, missed the only window of opportunity to issue a default notice. And that Cabot cannot issue one either? No default shows on my credit files.

[overdone]

no its £10 per request from what i understood as the 3 i had with littlewoods i had to send 3 seperate requests but it might just be littlewoods being awkard.

 

Lets see what they send in relation to this then go from there.

 

Although I put three account numbers on S A Request, they have picked Monument.......but stated "on all the data this Company holds on you."

 

Cabot

Dear Overdone,

 

Your original lender. MONUMENT.

 

Thank you for your letter in relation to your request for a file in relation to your personal data.

 

We are currently compiling a full file on all the data that this company holds on you.

You should receive the full file within 40 calendar days.

 

Please be advised that information such as your original credit agreement or statements may not be held on file by cabot. In order to obtain this information, we recommend you contact the original lender, Monument, who will hold this as the original data controller.

 

In the event that the original lender has supplied cabot with this information, the documents will be enclosed with your subject access data.

 

We thank you for your co operation in this matter.

Yours sincerely,

Emma Robertson.

Edited June 4, 2009 by overdone
typo