djdave vs Cabot

[Edz11]

Responded to by PM. (need to know basis only).

[djdave]

So much for a forum being a place to share knowledge...

 

Anyway, the application form states the '74 Act.

[ODC]

So much for a forum being a place to share knowledge...

 

Well Said.

[Edz11]

Sharing knowledge is important. But then again I don't want to share this with the DCA's though! They may know - then again they may not...

 

I'll PM you both later with it then you can decide if I'm paranoid...

[ODC]

Must be worth waiting on.

[djdave]

It's useful, yes. Edz, I apologise and withdraw my comment in post 77

[ODC]

Now our 'GUESTS' will be wondering what devilment the 'Rogue Debtors' are up to now

[andrew1]

Now our 'GUESTS' will be wondering what devilment the 'Rogue Debtors' are up to now

 

[djdave]

Hi, sorry I've not been on the forum for a while. How is everyone?

 

Anyway, an update of sorts. Two months ago I wrote to Cabot reminding them that they had yet to answer my CCA request as all they'd sent was a nearly-illegible application form despite several letters informing them why this was unenforcable.

 

Finally, yesterday I received a brief reply which basically said "tough, you owe us money, contact us within 7 days".

 

Cheeky beggars! Two months to reply and they expect me to contact them within 7 days!

 

And, bless them, they also maintain that if they can obtain Barclaycard statements then that would prove there is a debt oweing.

 

Anyway, I've written back (see, I'm quick!) once again explaining what an executed agreement should look like and asking them if they are in a position to supply one.

 

My hopes aren't high...

 

So here it is, Merry Christmas, I'm having fun even if Cabot aren't. I hope to once again become active here in the New Year, but meanwhile I'll wish you all a wonderful Christmas

[Edz11]

At least you got something off them. I sent a quid and didn't get anything, not even a christmas card...

[andrew1]

At least you got something off them. I sent a quid and didn't get anything, not even a christmas card...

 

They usually credit the £1 to any alleged debt as a 'payment' or send it back saying that as they are not the original creditor they don't have any obligation to provide the Credit Agreement ( or application form as they call it!)

 

 

Sarah

[Edz11]

No, not even a, "we don't have to supply you letter"

 

I am very upset, particularly as I have taken the trouble to pay a visit to the Magistrates Courts this wednesday gone to sort out their "christmas present".

[mrmarmite]

so i was lucky then. cabot send my cheque back saying they will do it free of charge !

[djdave]

Good grief. I haven't heard from Cabot for four months, but today I got a lovely letter from their buddies at FIRE offering me 50% off my debt.

 

Erm, what debt?

 

The alleged debt for which neither Barclaycard nor Cabot can supply an enforcable agreement? Nor a genuine copy of a notice of assignment. Nor any statements relating to the account.

 

Big mistake, Cabot. I fight FIRE with FIRE!

[ODC]

Big mistake, Cabot. I fight FIRE with FIRE!

And no prizes for guessing who will get burnt;)

[andrew1]

Good grief. I haven't heard from Cabot for four months, but today I got a lovely letter from their buddies at FIRE offering me 50% off my debt.

 

Erm, what debt?

 

The alleged debt for which neither Barclaycard nor Cabot can supply an enforcable agreement? Nor a genuine copy of a notice of assignment. Nor any statements relating to the account.

 

Big mistake, Cabot. I fight FIRE with FIRE!

 

DJD, forgive me if you already knew this but Fire - is Cabot in one of their numerous disgraceful disguises

[ODC]

Im now proceeding to report CABOT to the ICO for failing to comply with a S10 DPA letter they were sent. They still ring me every day just once. Twice I decided to answer it

 

Cabot Muppet 'May I speak to Mr ODC

Me 'Who is calling'

Cabot Muppet 'Its XXXX from Cabot Finance'

Me 'No you cant'

Cabot Muppet ' Okay then'

 

Muppet hangs up leaving me rather puzzelled as to why he didnt quiz me

[andrew1]

I had a phone call like that this morning.

 

Muppet: We wrote to you recently, Can I speak to Andrew1?

 

Andrew1: Who is speaking?

 

Muppet: Is that Andrew1?

 

Andrew1: Yes who are you?

 

Muppet: I'm calling from Preston, can I just identify you, can you tell me your DOB and Address

 

Andrew1: Preston who?

 

Muppet:I'm calling from Preston:

 

Andrew1: Jolly good - but who are you?

 

Muppet: I can't tell you that under the Data Protection Act

 

Andrew1: Touche - neither can I

 

Muppet: Well we've written to you and I don't know if you have received the letter.

 

Andrew1: and there lies the problem cos you never will

 

 

Phone went dead

[ODC]

I have to admit to being somewhat disappointed when the muppet didnt bite back and go into DCA mode. Still he had his chance. Now Im just logging all their calls for my complaint.

[ScarletPimpernel]

DLC have been calling my phone looking for Lady Blakeney over some trifling matter. Despite them assuring me the number has been removed from the system, they keep ringing. When the number comes up now, I have taken to answering in German (as a member of the Kriminalpolizei who doesn't take kindly to their calls), or Serbo-Croat (in which my vocabulary extends to telling them to stop or I will open fire). So far, one apologised for the wrong number, and another just went quiet for a few seconds; all the others just hung up. If they ring today, I'm going to answer in the style of a Bond villain: 'I've been expecting you, Mr Moron...'

[djdave]

DJD, forgive me if you already knew this but Fire - is Cabot in one of their numerous disgraceful disguises

Indeed yes, a fact which will not go unmentioned in the formal complaint I'm in the process of writing

[djdave]

Here we go:

 

Fiona Reeves

Recovery Manager

FIRE (Europe) Limited

Glebe House

2 Clifton Road

Rugby

CV21 3PX

 

By recorded delivery, reference DL xxxx xxxx xGB

 

26 April 2008

 

Your reference: xxxxxx

 

I am in receipt of your letter dated 22nd April offering a settlement figure on my alleged debt.

 

I do not acknowledge this alleged debt for several reasons, not the least of which being that neither Cabot nor Barclaycard have provided on request a copy of an executed agreement as required by s78 of the Consumer Credit Act.

 

I now wish to raise a formal complaint, as your demand is a clear breach of the guidance published by the Office of Fair Trading regarding unfair practice in debt collection.

 

As a Consumer Credit Licence holder, you will doubtless be familiar with these guidelines, including the following paragraphs.

 

2.6.h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to makes unjustified demands for payment.

 

 

2.8.k Not ceasing collection activity whilst investigating a reasonably queried or disputed debt

I shall also be making a separate complaint to Cabot Financial, as they appear to be in breach of the following paragraphs:

 

2.6.e Not informing the debtor when their case has been passed on to a different debt collector.

 

 

2.6.i Disclosing or threatening to disclose debt details to third parties unless legally entitled to do so

Of course, there is the question of whether FIRE and Cabot are really “different debt collectors” or “third parties”, given that until 2005 your company traded under the somewhat apt name of “King’s Hill (Number 2) Ltd”).

 

I shall also be bringing this matter to the attention of the Office of Fair Trading, and seeking their advice as to whether these breaches by FIRE call into question their fitness to hold a Consumer Credit Licence.

 

You will be aware of the need for a creditor to exercise due diligence when selecting a third party to engage in collection activity. I shall be asking the OFT whether they consider that by their actions Cabot Financial have compromised their own fitness to hold such a licence.

 

What I expect of you now is an acknowledgement that this will be treated as an official complaint along with a copy of your complaints procedure.

 

Should I not be satisfied with your response, or should I receive no response, I reserve the right to escalate the matter to the Financial Ombudsman Service.

 

For the avoidance of doubt, I do not acknowledge any debt to you or your clients.

 

I look forward to your prompt response.

 

Yours faithfully,

 

[djdave]

Oh dear oh dear. FIRE signed for my complaint letter on 28th April and despite the account being well and truly in dispute have now sent me a demand for full payment otherwise I can expect a call from a doorstep agent.

 

I think it's time for another complaint to the OFT.

[andrew1]

Oh dear oh dear. FIRE signed for my complaint letter on 28th April and despite the account being well and truly in dispute have now sent me a demand for full payment otherwise I can expect a call from a doorstep agent.

 

I think it's time for another complaint to the OFT.

 

Go get em

[djdave]

Interesting: I complained to FIRE but the reply came from Cabot. Are they allowed to share information like that? Considering, of course, that they claim to be seperate companies

 

They've once again enclosed the Barclaycard application form I've posted previously (unsigned by B'card), but for the first time time they've also enclosed a seperate sheet of T&Cs which does appear to include the prescribed terms. However the dates on the two parts are different and they have clearly been faxed from different locations. Can Cabot/FIRE honestly claim that together they represent an executed agreement?

 

Any opinions, as ever, gladly welcomed.