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Moon phases


Cabot advice

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Post by mitch on Sat Apr 13, 2019 8:56 pm

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.

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Post by 1saberwow on Sat Apr 13, 2019 11:19 pm

Hi. Cover up those scan boxes and any identifying numbers and letters.

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Post by mitch on Mon Apr 15, 2019 2:41 pm

Is it advisable to include a copy of the removal of implied right of access notice or anything else along with letter 1?

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Post by daveiron on Mon Apr 15, 2019 2:49 pm

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.
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Post by mitch on Mon Apr 15, 2019 3:07 pm

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

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Post by daveiron on Mon Apr 15, 2019 3:25 pm

Personally I would just keep it simple & follow the usual process.
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Post by mitch on Wed May 08, 2019 11:12 am

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

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Post by mitch on Sat May 11, 2019 8:29 pm

Here's the response to letters 1&2 from their 'Dispute Handler' . Not sure what they mean by no formal request for documentation.


Cabot advice  Photo_14[/url]


Last edited by mitch on Sun May 12, 2019 2:08 pm; edited 4 times in total (Reason for editing : Remove ID)

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Post by daveiron on Sat May 11, 2019 9:11 pm

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 .
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Post by Mrblue on Sun May 12, 2019 9:13 am

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...)
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Post by mitch on Sat Jun 01, 2019 5:59 pm

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?


Last edited by mitch on Sun Jun 02, 2019 7:22 pm; edited 2 times in total

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Post by daveiron on Sat Jun 01, 2019 7:41 pm

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.
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Post by daveiron on Sat Jun 01, 2019 8:06 pm

Sorry that should have read ' date of first missed payment'
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Post by mitch on Sun Jun 02, 2019 8:44 am

I used the original letters
http://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)" ?

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Post by daveiron on Sun Jun 02, 2019 9:01 am

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.
http://goodf.forumotion.com/t1131-new-3-letters-for-debt-purchasers
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Post by mitch on Sun Jun 02, 2019 9:33 am

Thanks Dave, would it be advisable to abandon the current estoppal schedule due 7th June and start over with these letters?

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Post by daveiron on Sun Jun 02, 2019 9:48 am

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.
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Post by mitch on Mon Jun 03, 2019 9:45 am

Give SAR to local bank branch or send to head office?

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Post by daveiron on Mon Jun 03, 2019 10:22 am

Head Office .
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Post by mitch on Tue Jun 04, 2019 8:21 am

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
http://goodf.forumotion.com/t370-subject-acess-request
http://goodf.forumotion.com/t3317-sar-template

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Post by Mrblue on Tue Jun 04, 2019 8:41 am

I would recommend you use DI's one:

http://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.
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Post by mitch on Sat Jun 29, 2019 1:20 pm

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

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Post by Mrblue on Sat Jun 29, 2019 1:36 pm

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.

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Post by mitch on Sat Jun 29, 2019 3:11 pm

ok but i did remove all the identifiers in the letter

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Post by daveiron on Sat Jun 29, 2019 3:31 pm

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.
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