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Moon phases
Cabot advice
+4
Mrblue2015
daveiron
1saberwow
mitch
8 posters
Page 1 of 4
Page 1 of 4 • 1, 2, 3, 4
Cabot advice
I started the 3 letter process with HSBC in March 2014 over a 3k loan dispute.
It was passed to a DCA and I dealt with them using the letters and heard nothing back. Then I moved address a couple of times.
My wife put me on the electoral role earlier this year without asking me. Last week, I got a letter from Cabot (see attached) asking for the 3k. Does anymore know if DCAs are lawfully permitted to obtain an address via the electoral role? How else could they have got current address? I'm going to fight it with the 3 letter process as can't afford it and with whatever solicitor they enlist but what are my chances of avoiding court or DCAs at the door? Any advice would be most appreciated.
It was passed to a DCA and I dealt with them using the letters and heard nothing back. Then I moved address a couple of times.
My wife put me on the electoral role earlier this year without asking me. Last week, I got a letter from Cabot (see attached) asking for the 3k. Does anymore know if DCAs are lawfully permitted to obtain an address via the electoral role? How else could they have got current address? I'm going to fight it with the 3 letter process as can't afford it and with whatever solicitor they enlist but what are my chances of avoiding court or DCAs at the door? Any advice would be most appreciated.
mitch- Very helpful
- Posts : 377
Join date : 2017-05-27
Location : Northumbria
Re: Cabot advice
Hi. Cover up those scan boxes and any identifying numbers and letters.
1saberwow- Not so newb
- Posts : 87
Join date : 2017-06-03
Re: Cabot advice
Is it advisable to include a copy of the removal of implied right of access notice or anything else along with letter 1?
mitch- Very helpful
- Posts : 377
Join date : 2017-05-27
Location : Northumbria
Re: Cabot advice
Hi mitch,
It wont hurt to to sent one ,although its unlikely one will call.
Re the electoral register ,there are 2 . one that anyone can access & one that I believe requires a fee.
I'm not up on the details as I have not been on it for years.
It wont hurt to to sent one ,although its unlikely one will call.
Re the electoral register ,there are 2 . one that anyone can access & one that I believe requires a fee.
I'm not up on the details as I have not been on it for years.
daveiron- Admin
- Posts : 4892
Join date : 2017-01-17
Re: Cabot advice
Ok thanks for that. Would it be worth mentioning to Cabot their unlawful use of an in-house solicitor ('Mortimer Clarke') as we saw in annap's case and warning them off with a potential lien if they go that route?
The only address on their letter is a PO Box, am i ok sending it to that by RD?
EDIT: there's a registered office address on there so i'll send to the letter author via that address not the PO box
The only address on their letter is a PO Box, am i ok sending it to that by RD?
EDIT: there's a registered office address on there so i'll send to the letter author via that address not the PO box
mitch- Very helpful
- Posts : 377
Join date : 2017-05-27
Location : Northumbria
Re: Cabot advice
Personally I would just keep it simple & follow the usual process.
daveiron- Admin
- Posts : 4892
Join date : 2017-01-17
Re: Cabot advice
Third letter sent yesterday. I haven't had anything back from them which I thought was strange as I had several threat letters with the last DCA a few years ago. Just thought I'd update thread in case anyone's watching
mitch- Very helpful
- Posts : 377
Join date : 2017-05-27
Location : Northumbria
Re: Cabot advice
Last edited by mitch on Sun May 12, 2019 2:08 pm; edited 4 times in total (Reason for editing : Remove ID)
mitch- Very helpful
- Posts : 377
Join date : 2017-05-27
Location : Northumbria
Re: Cabot advice
Of course you have made a formal request in the letters, can they not read.
Be a good idea to blank out that line of identifing info .
Be a good idea to blank out that line of identifing info .
daveiron- Admin
- Posts : 4892
Join date : 2017-01-17
Re: Cabot advice
Ignore the letter and await their response to your third letter. Then send the estoppel (elsewhere on this site). And you must cover up anything that identifies you (account ending, the amount, anything that could identify you inc any barcodes etc on the letter and as DaveIron says - all should be relatively obvious to pick out...) otherwise you’ll make things harder for yourself I’m afraid (DCAs etc monitor this site...)
Mrblue2015- Moderator
- Posts : 2468
Join date : 2017-06-11
Re: Cabot advice
Now in receipt of the findings of their 'investigation'.
A three page pdf file is here with identifiers blocked out:
https://drive.google.com/open?id=1itmrydD_0rxJx4eTf0-3oc4SfkOcKX_g
Their selective definition of 'fraudulent activity' is interesting'.
They say because i have made some repayments, this is 'clear acknowledgement' of the alleged debt.
They have no obligation to provide me with the info requested under the Money Laundering Regulations 2007; that they rely on the due diligence of the OC and that they are ‘entitled to any monies due under the agreement’.
They will not be sending me a DOA because it’s ‘a confidential doc that relates to a batch of accounts’.
They claim irrecoverable estoppal by acquiescence has no basis in law and irrelevant.
They say Section 40 of the Administration of Justice Act 1970 does not apply in my circumstances.
There is no Deed of Novation.
The matter does not relate to any Bills of Exchange, which are used in international trade. They have proof of ownership of the account
If the loan account was opened in 2013 does that mean it's now statue barred.? Or is from when repayments ceased? Could someone confirm this please? Could I also have some assistance in putting together a response lawfully refuting all their claims?
A three page pdf file is here with identifiers blocked out:
https://drive.google.com/open?id=1itmrydD_0rxJx4eTf0-3oc4SfkOcKX_g
Their selective definition of 'fraudulent activity' is interesting'.
They say because i have made some repayments, this is 'clear acknowledgement' of the alleged debt.
They have no obligation to provide me with the info requested under the Money Laundering Regulations 2007; that they rely on the due diligence of the OC and that they are ‘entitled to any monies due under the agreement’.
They will not be sending me a DOA because it’s ‘a confidential doc that relates to a batch of accounts’.
They claim irrecoverable estoppal by acquiescence has no basis in law and irrelevant.
They say Section 40 of the Administration of Justice Act 1970 does not apply in my circumstances.
There is no Deed of Novation.
The matter does not relate to any Bills of Exchange, which are used in international trade. They have proof of ownership of the account
If the loan account was opened in 2013 does that mean it's now statue barred.? Or is from when repayments ceased? Could someone confirm this please? Could I also have some assistance in putting together a response lawfully refuting all their claims?
Last edited by mitch on Sun Jun 02, 2019 7:22 pm; edited 2 times in total
mitch- Very helpful
- Posts : 377
Join date : 2017-05-27
Location : Northumbria
Re: Cabot advice
Hi mitch,
Which letters did you use ,originals or new ? If you used the new ones there are many things listed
which they have ignored ,at the very least you require a copy of the default notice a copy of any agreement
and notice of assignment.Also look at the new letters and tell them you require these things also.
Statute barred starts from the date of last payment ,but may be better to rely on date of default notice.
Which letters did you use ,originals or new ? If you used the new ones there are many things listed
which they have ignored ,at the very least you require a copy of the default notice a copy of any agreement
and notice of assignment.Also look at the new letters and tell them you require these things also.
Statute barred starts from the date of last payment ,but may be better to rely on date of default notice.
daveiron- Admin
- Posts : 4892
Join date : 2017-01-17
Re: Cabot advice
Sorry that should have read ' date of first missed payment'
daveiron- Admin
- Posts : 4892
Join date : 2017-01-17
Re: Cabot advice
I used the original letters
https://goodf.forumotion.com/t41-the-3-letters-process
Should i ask for what's on "New 3 letters for Debt Purchasers" or "New Alternative letters for DCA's ( acting as agents)" ?
https://goodf.forumotion.com/t41-the-3-letters-process
Should i ask for what's on "New 3 letters for Debt Purchasers" or "New Alternative letters for DCA's ( acting as agents)" ?
mitch- Very helpful
- Posts : 377
Join date : 2017-05-27
Location : Northumbria
Re: Cabot advice
Hi mitch,
Cabot are purchasers, These are the ones I would use or at this stage at least use some of the content.
An SAR to the OC may also be helpful.
https://goodf.forumotion.com/t1131-new-3-letters-for-debt-purchasers
Cabot are purchasers, These are the ones I would use or at this stage at least use some of the content.
An SAR to the OC may also be helpful.
https://goodf.forumotion.com/t1131-new-3-letters-for-debt-purchasers
daveiron- Admin
- Posts : 4892
Join date : 2017-01-17
Re: Cabot advice
Thanks Dave, would it be advisable to abandon the current estoppal schedule due 7th June and start over with these letters?
mitch- Very helpful
- Posts : 377
Join date : 2017-05-27
Location : Northumbria
Re: Cabot advice
Up to you really, I would however at least send one.You will then have asked if its been sold previously or an insurance claim made against it.Of course for obvious reasons they will not answer these as it will expose the scam.
daveiron- Admin
- Posts : 4892
Join date : 2017-01-17
Re: Cabot advice
Give SAR to local bank branch or send to head office?
mitch- Very helpful
- Posts : 377
Join date : 2017-05-27
Location : Northumbria
Re: Cabot advice
There's two SAR templates on the site, which is recommend, I'm guessing the more recent entry?
The older template mentions a £10 fee but ico.org.uk says no and only to charge a fee for further copies
https://goodf.forumotion.com/t370-subject-acess-request
https://goodf.forumotion.com/t3317-sar-template
The older template mentions a £10 fee but ico.org.uk says no and only to charge a fee for further copies
https://goodf.forumotion.com/t370-subject-acess-request
https://goodf.forumotion.com/t3317-sar-template
mitch- Very helpful
- Posts : 377
Join date : 2017-05-27
Location : Northumbria
Re: Cabot advice
I would recommend you use DI's one:
https://goodf.forumotion.com/t3317-sar-template
There is no fee. In fact I once enclosed a postal order for £1 (to cover the cost of a copy of the CCA) and it was returned by the bank.
https://goodf.forumotion.com/t3317-sar-template
There is no fee. In fact I once enclosed a postal order for £1 (to cover the cost of a copy of the CCA) and it was returned by the bank.
Mrblue2015- Moderator
- Posts : 2468
Join date : 2017-06-11
Re: Cabot advice
20th June response (received on 26th) to debt purchaser letter 1, sent on 8th June (haven't sent letter 2 and 3 as i'd already sent the three original letters):
https://drive.google.com/open?id=1HgFstv2GLi3D-BYZntvcAhyY2i_cSxij
They also sent copy of a letter sent to previous address in May 2018 that i didn't receive stating they have bought the debt, a copy of the bank loan agreement signed by me in 2013 and loan repayments statements.
Had a letter from the bank saying they're processing SAR request and will send it soon.
Any advice on how best to proceed would be most appreciated
https://drive.google.com/open?id=1HgFstv2GLi3D-BYZntvcAhyY2i_cSxij
They also sent copy of a letter sent to previous address in May 2018 that i didn't receive stating they have bought the debt, a copy of the bank loan agreement signed by me in 2013 and loan repayments statements.
Had a letter from the bank saying they're processing SAR request and will send it soon.
Any advice on how best to proceed would be most appreciated
mitch- Very helpful
- Posts : 377
Join date : 2017-05-27
Location : Northumbria
Re: Cabot advice
You need to remove that link ASAP else everyone can read it (ie inc trolls...)
Yep they’re full of crap sending you a letter that is dated almost a week before you get it (all part of their cynical tactics).
Send Debt Purchaser letter 2. Keep calm and carry on as they say. Only wait 10 days between you sending your letters and regardless what they send.
Yep they’re full of crap sending you a letter that is dated almost a week before you get it (all part of their cynical tactics).
Send Debt Purchaser letter 2. Keep calm and carry on as they say. Only wait 10 days between you sending your letters and regardless what they send.
Mrblue2015- Moderator
- Posts : 2468
Join date : 2017-06-11
Re: Cabot advice
ok but i did remove all the identifiers in the letter
mitch- Very helpful
- Posts : 377
Join date : 2017-05-27
Location : Northumbria
Re: Cabot advice
They have conveniently avoided the questions that no OC or purchaser will answer.
You require to know if the alleged account has been sold or traded at any time (this is standard banking practice)
You require to know who now holds the original agreement or is it in existence.
They may not have made an insurance claim ,this is not what you asked .You asked if one has ever been made.
(again this is standard banking practice).
As the alleged agreement is a promissory note ,they should be able to produce it ,will they then return it to you upon payment ?
These are things that are in the letters but no one ever pushes for answers when these questions are ignored.
You require to know if the alleged account has been sold or traded at any time (this is standard banking practice)
You require to know who now holds the original agreement or is it in existence.
They may not have made an insurance claim ,this is not what you asked .You asked if one has ever been made.
(again this is standard banking practice).
As the alleged agreement is a promissory note ,they should be able to produce it ,will they then return it to you upon payment ?
These are things that are in the letters but no one ever pushes for answers when these questions are ignored.
daveiron- Admin
- Posts : 4892
Join date : 2017-01-17
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