bmw1v cabot

[bmw1]

hi all, im new to all this but i have been reading on your brill site.i recived a phone call a couple of weeks back off cabot.the woman asked for me by name,then said i need to answer the security questions,i said tell me what its about and i may answer them.she replided its conserning your providian credit card acc from 2001.i said id never had one and i honestly never have to my knowlage. i then said i am not answering any questions on the phone and i require any more corespondence to be in writing and under the dater protection act they best be sure they send info that relates to me and not someone else the phone went dead,lol.anyway a few more calls over the next few days, that went much the same.i recived a letter off cabot saying as a limited offerif i paid the thousand and nine quid they would give me a 30 per cent discount lol they havent even varified im the right person lol i then cca them they signed for it on 14/02/08.i also put in the same enverlope the telephone harrasment letter. iv had a couple more calls but refused to answer the security questions, i then recived another letter saying and i quot, acknowledging your complaint. thank you for your recent letter dated 7/2/08. i regret that you have felt the need to contact cabot financial(europe)limited (cabot) to express your dissatisfaction about our service. we are currently investigating your concerns and shall aimto provide you with our response within 10 days. however in the event we can not respond within this time limit we shall notify you as to when you may resonably expect a responce from us. unquote.then it just goes on about the complaints prosess ombutsman stuff. the clock is ticking my friends they recived cca on 14th. any comments from cabot fan club much appreciated (soz for spelling never been a strong point lol)

[Struggling_Simon]

Hi BMW1,

 

You've done the right thing so far.

 

I would lay odds that Cabot will not be able to provide an agreement for the alleged debt. Nothing to do for you now but sit tight until they respond.

 

By the way, as they received the CCA request on the 14th, the account is in 'dispute'. They are not entitled to attempt enforcement until such time as they provide the original agreement.

 

I expect that you will get a letter shortly to say this.

It usually comes on a letter calle CCA008 and means ->

 

Cabot cannot locate the agreement, but have passed it back to the OC(they never had any agreement, nor rights).

 

Cabot are not obliged to provide the agreement as they are not bound by CCA1974 (they absolutely are).

 

Gives you your pound back. (doing so doesn't change a thing, legally).

---

You could always get ready for the next step - a Subject Access Request to Cabot. This will yeild lots of juicy information that you can use against them.

[bmw1]

thanks for the speedy reply ss,much appreciated,im just playing the waiting game lol,12+2+1 month, will keep everyone updated.

[Struggling_Simon]

BMW1,

 

Thanks for the rep. points! Just to let you know that you don't need the extra +2, as those days are to allow for postage. You know that the request was rec'd on the 14th, so the big day is 12 days thereafter.

 

[bmw1]

cheers mate all help is greatly recived,do i allow for weekends? if so is 28th if not its 26th????

[bmw1]

hi all,recived a letter from cabot today,saying they have removed my phone no from there records and i must fully co-operate with cabot in writing in the event i do not they will start ringing me again lol. also in the first letter they sent i allegidly owed a thousand and nine quid, now its allegidly only severn hundred and ninty three, i cca,d them on 14th and this has not been mentiond at all (cca was in the same enverlope as telephone complaint letter i sent) is it 12 working days i have to wait or just 12 days?? all comments are recived with thanks, any advice my friends.

[42man]

12 working days for them to default on your request then if after a further 30 days and still no CCA then they have committed an offence under the Consumer Credit Act...

[bmw1]

thanks for the speedy reply the 12 working days are nearly up lol accounting for week ends i make that 1st march??

[bmw1]

hi all,well as i sent cca request (recorded)to cabot,wich they signed for on 14th they have until tomorow to supply it,(1st) then the 12 working days are up.now,they havent even acknowlaged it,but did acknowlage the telephone harrasment letter in the same enverlope i know i have to wait a futher 30 days but as the 12 days will be up tomorrow do i write and tell them they have defalted and have 1 month to comply or what. i see this as a way of getting them to acknowlage my cca request.any ideas my trusted friends ???

[bmw1]

hi all 12 working days are up today, nothing in the mail this morning so cabot now defalted.any advise ?????

[bmw1]

hi all, just a quick update, still no acknowlagement to my cca request from cabot.(i dont think these people are real lol) it was sighned for on the 14/02/08.im just waiting for the other 30 days to finish then the cr** will realy hit the fan.

[NailPost]

Wait for the 30 days to expire then, if Cabot are still hassling you, tell them you are making a formal complaint and you need details of their complaints procedure. Did they send you this already.

[bmw1]

hi np thanks for the reply, they sent a leflet, your complaint and the ombudsman,and a putting the pieces together resolving your complaint with us. but nothing acknowlaging cca request.

[bmw1]

hi all, the clock is still ticking,soon be the 1st then 1 calander month will be up for cabot( ironic its 1st of april) the fools lol

[bmw1]

hi all, still nothing off cabot,they have hade the 12+2+ 1 calander month is up today.please could someone put me a template letter up that i now need to send them,and advise who i now report these muppets to. all help will be most welcome..... thanks all.:grin: :grin:

[bmw1]

can anyone help with this ??????

[42man]

I have found that once the CCA request has gone off you NEVER hear back from them again...but you might like to send them this - you'll need to edit to suit.....

 

Reproduced courtesy of Curlyben

 

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

And

 

(b) If the default continues for one month he commits an offence.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as 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.

 

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 not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

BLAH

[bmw1]

just what i was looking for 42 man thank you and thanks to curlyben for the exellent letter.

[bmw1]

hi all letter from 42 man sent still awaiting reply from cabot muppets however i recived a letter dated 1st april from them saying please write to us with a clear statement of your proposal for repaying your account and the cheeky feckers sent me a budget form lol.:o

[Seahorse]

Fill it out like this...

 

BMW's living expenses = £allmydosh

Cabot Financial = £nofeckinchance

 

[bmw1]

thanks seahorse, it helps to have people like you onboard,(no pun intended).cabot signed for last letter this morning the feckers... lets see what if anything they reply with.

[bmw1]

hi all,dont these feckers ever listen!!!!!! i recived another letter of these idiots today and i quote :we havent recived any repayment proposal from you. it is vital that you either pay the full outstanding balance of 1023.89p or send us your payment proposal without delay. as explained in our previous letter we will resume our telephone procedure if you dont send your full payment or payment proposal within 7 days from the date of this letter.: un quote. no response to my cca of them still or anything with regards to my last letter which is above. any one got any idea what to send them next or can any of you good people give me the home address of ken maynard,lol:mad: :mad:

[NailPost]

Write to them reminding them that you CCA'd them and that they are in default of that request; remind them that you write to them again advising them of their default; now tell them that this matter is the subject bof a complaint and they need to resolve it or you will be going to the Financial Services Ombudsman. They have eight weeks from the receipt of the complaint to deal with it.

[bmw1]

thanks np i will do that, i dont think these feckers listen to a word anyone says. just proves they dont have a cca dont you think,i dont know how cabot expect to gain anything taking this attitude,funny though the alleged debt is from 2001 statute barred but ill tell them that when iv had some more fun lol,remember in my first post, i have never had a providian credit card to my knowlage, i have never paid a penny on any providian account, cabot have never substantiated that i am the correct person who this account belongs to,i only know the account is from 2001 because when the cabot drone firs phoned they said its about a providian cc you had in 2001. first class tossers. :-D

[bmw1]

hi all, been a while since i last posted, iv not heard a word from cabot since,still no cca or even acknowlagement of one,(way over time limits).oh well.just have to wait and see who the feckers pass it on too, lol.:|