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Moon phases


Cabot advice

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Cabot advice  - Page 2 Empty Re: Cabot advice

Post by mitch on Sat Jun 29, 2019 4:02 pm

Thanks daveiron, i'll emphasize those points on letter 2

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Post by Mrblue on Sat Jun 29, 2019 6:18 pm

By sending all 3 letters you’re asking again and again ie proving that you have given them a very reasonable amount of time (if you space the letters ten days apart) to respond. The ball is in their court not yours.
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Post by Mrblue on Sat Jun 29, 2019 6:20 pm

@mitch wrote:ok but i did remove all the identifiers in the letter

You could easily be identified by just the date alone... Wink
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Post by mitch on Thu Aug 01, 2019 11:24 pm

Now they're just ignoring what I'm asking for and going down the legal threat route. I've got one month to comply or they're going to instruct their solicitors and how it could result in a CCJ which is mentioned seven times in a short one page letter

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Post by LionsShare on Thu Aug 01, 2019 11:52 pm

sort of know how you feel. Currently dealing with utilities asking for certain info, getting back what is NOT asked for & in terms of what IS asked for very little.

On the whole simply ignored & totally frustrated. The ICO seem useless as have been in touch but as yet NO reply. Don't know what to do now except try to plod on & keep trying to get ICO involved somehow.

It must be obvious now these so called laws - statutes/acts do NOT work for us as THEY ignore all!
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Post by waylander62 on Thu Aug 01, 2019 11:59 pm

@mitch wrote:Now they're just ignoring what I'm asking for and going down the legal threat route. I've got one month to comply or they're going to instruct their solicitors and how it could result in a CCJ which is mentioned seven times in a short one page letter

sounds like you have received a letter before action

this needs attention else the next thing you receive will be a county court claim form.

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Post by mitch on Fri Aug 02, 2019 9:12 am

What's the best way of dealing with a letter before action?
Recived SAR from bank last week in the form of about 300 pages of photocopies

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Post by waylander62 on Fri Aug 02, 2019 9:48 am

respond to letter before action by requesting documentation that you are entitled to see

also send an official CCA request for a copy of any agreement including the £1 statutory fee

also send back the necessary form (s) i think it is page 3 where you state you need more information

this will stop any claim for the time being then..... go through the SAR documents you have received paying attention on any agreement/terms and conditions and any default notice.

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Post by Compaq7500 on Mon Aug 05, 2019 1:57 pm

Hiya people have used and sent 3 Letters and after 30 days of sending letter 3 a cease & desist letter to Cabot financial (Europe) limited requesting them to provide the following details regarding a MBNA credit card that was by MBNA and bought by a debt collection agency called DLC , Cabot also stated that DLC are now part of the Cabot group since 2015.

The documents I requested in the 3 letter process were as follows.

1. Certified Copy Deed Of Assignment.
2. Certified Copy Deed Of Novation
3. Certified/Original Copy Of The Credit Agreement.

After requesting the above information Cabot are stating that they can't get hold of the credit agreement as the debt is old, they also state that they are not legally obliged to send me a deed of assignment only a notice of assignment needs to be sent they also said the deed of Novation is not required.

I have sadly been paying a token payment of £1 a month and so because of this Cabot has stated I've acknowledged the debt, to be honest I only did this due to being threatened over and over the phone and with numerous letters being sent and put through my letterbox, Cabot financial (Europe) Ltd haven't as of yet threatened any legal action regarding this matter, cabot have also stated that this credit card debt isn't on my credit file.

Advice would be greatly appreciated.

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Post by Mrblue on Mon Aug 05, 2019 2:37 pm

@Compaq7500 wrote:

The documents I requested in the 3 letter process were as follows.

1. Certified Copy Deed Of Assignment.
2. Certified Copy Deed Of Novation
3. Certified/Original Copy Of The Credit Agreement.


Hi Compaq7500.

If you followed the three letter process, then why have you not listed a true copy of any default notice* above?

*(a key document, w/o which they would have a great difficulty in establish any claim)
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Post by Mrblue on Mon Aug 05, 2019 5:16 pm

@Compaq7500 wrote:Hiya people have used and sent 3 Letters and after 30 days of sending letter 3 a cease & desist letter to Cabot financial (Europe) limited requesting them to provide the following details regarding a MBNA credit card that was by MBNA and bought by a debt collection agency called DLC , Cabot also stated that DLC are now part of the Cabot group since 2015.

The documents I requested in the 3 letter process were as follows.

1. Certified Copy Deed Of Assignment.
2. Certified Copy Deed Of Novation
3. Certified/Original Copy Of The Credit Agreement.

After requesting the above information Cabot are stating that they can't get hold of the credit agreement as the debt is old, they also state that they are not legally obliged to send me a deed of assignment only a notice of assignment needs to be sent they also said the deed of Novation is not required.

I have sadly been paying a token payment of £1 a month and so because of this Cabot has stated I've acknowledged the debt, to be honest I only did this due to being threatened over and over the phone and with numerous letters being sent and put through my letterbox, Cabot financial (Europe) Ltd haven't as of yet threatened any legal action regarding this matter, cabot have also stated that this credit card debt isn't on my credit file.

Advice would be greatly appreciated.

Hello again Compaq7500. Just realised you were not the original poster. As such, please can you create a new post/thread outside this one. Simply copy and paste the above into your new post. Thank you Smile
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Post by mitch on Mon Aug 12, 2019 3:05 pm

@waylander62 wrote:
also send back the necessary form (s) i think it is page 3 where you state you need more information
.

Sorry, what forms are these?

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Post by mitch on Mon Aug 12, 2019 3:20 pm

Would it be advisable to add anything else to the CCA request letter?

Dear Sir/Madam

Account No:

Please send me a copy of the above credit agreement and a full breakdown of the account including any interest or charges added.

I understand that under the Consumer Credit Act 1974 (sections 77-79), I am entitled to receive a copy of any credit agreement and a statement of account when I request it. I enclose a payment of £1 which is the fee payable under the Consumer Credit Act 1974.

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I understand that, under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account.


I look forward to hearing from you.

Yours faithfully

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Post by mitch on Mon Aug 12, 2019 3:31 pm

Another letter received saying i have until the 28th to comply or they'll instruct their solicitors to send Letter Before Action for court claim

Cabot advice  - Page 2 Captur11

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Post by Mrblue on Mon Aug 12, 2019 3:40 pm

I'm confused (could be me haha)

From your previous posts it seemed you had already received a letter before action (from a solicitor acting ob behalf of Cabot, correct?)

But regarding your latest attachment (in your 3:31pm post) and given that you say "...they'll instruct their solicitors", this implies to me that this is what Cabot is saying to you? i.e. Cabot is saying you have until 28th to comply (and comply to what)? If so, who do they think they are? If you are told by a solicitor you have until a certain date (and it is a letter before action) that's different....
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Post by mitch on Mon Aug 12, 2019 3:53 pm

Looking through the SAR and there's an entry re the credit card default which is a separate matter to this one with cabot. Just before they sold it to a DCA in 2015 it states:
"Calk out - unable to locate agreement at branch - cannot find the relevant paperwork advising which barcode the file may be stored under with Iron Mountain, to request the files back from Iron Mountain."

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Post by Mrblue on Mon Aug 12, 2019 5:26 pm

@mitch wrote:Looking through the SAR and there's an entry re the credit card default which is a separate matter to this one with cabot. Just before they sold it to a DCA in 2015 it states:
"Calk out - unable to locate agreement at branch - cannot find the relevant paperwork advising which barcode the file may be stored under with Iron Mountain, to request the files back from Iron Mountain."

Ok so you should get more SAR information from them in due course. But remember, they need to provide you with ALL data within a month from you first filing a SAR.

Having said that, none of the OCs I have filed a SAR with have provided all of the data or within a month. Yes, I am complaining to the ICO, but that’s beside the point as we need that legally entitled to data NOW! Mad
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