Cabot Financial - My Next Step

Hi there - BRB - just drafting your next response

Hello again.

After seeing your latest PM I have updated the approach for you as follows.

Check out the following template and make a copy:

https://goodf.forumotion.com/t4987-notice-of-conditional-acceptance-for-debt-purchasers-only

Referring to the copy of the template you have just made:

1) Under the line "cc to whoever has contacted you" add the following line:
Please find enclosed: Removal of Implied Right of Access Notice


2) BEFORE the line " I am somewhat concerned by your assertions that I owe a debt to your
corporation" enter the following:
I received your latest letter dated <enter date of their last letter>.

In response to your statement "You have chosen to not respond to any of our recent communications about your account even though we have given you ample opportunities" this is a LIE. I can confirm, with evidence, that I have sent all 3 letters which have all been signed for by royal mail special delivery service and have proof of all 3 signatures confirming that Cabot Financial have received the 3 letters. The dates of these letters are as follows: <list dates of letters>.

These letters gave YOU ample opportunity to substantiate your claim to what is an alleged debt . Also, your "9 days to respond" is not of my concern and, going forward, I shall only have time to respond every fortnight at best, take it or leave it.

The claim is in DISPUTE as you have failed to FULLY evidence your claim. As such, in the meantime and as per the FCA regulations, you are NOT allowed to make collections whilst your claim is in DISPUTE : A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt.


3) Now leave the rest of the template as it is i.e. from the line "I am somewhat concerned by your assertions that I owe a debt to your corporation..." onward.


4) Print off and sign the letter.


5) Print off and sign the following NOTICE: https://goodf.forumotion.com/t264-removal-of-implied-right-of-access


6) Put both documents in an envelope and use the Royal Mail First Class signed for service.

That's what I would do...

Mr Blue I did send the correct 3 letters after you advised me to resend them after what I originally sent Cabot, I definitely used the 3 letter templates

Compaq7500 wrote:Mr Blue I did send the correct 3 letters after you advised me to resend them after what I originally sent Cabot, I definitely used the 3 letter templates

As you can see, I have now revised my post for you:

https://goodf.forumotion.com/t3697p50-cabot-financial-my-next-step#33487

That's my last message for the weekend I'm afraid, good luck!

Good evening Mr Blue.

Just an update the letter and notice have been sent by royal mail special delivery next day service so will arrive tomorrow before 1pm would have sent them earlier but my printer packed up be interesting to what Cabot Financial will reply back with.

Regards

Compaq7500

OK thanks for the update, lets see what they come back with.

Mrblue, I am in a very similar situation with cabot for a debt which is approx 14 years old, I was wondering if you would be so kind as to help me with this as its causing me a massive amount of stress and anxiety.

Hi there, will see if I can but it's getting very busy here...

First and foremost please create a new post as this one belongs to Compaq7500.

Thank you.

Hi Mrblu
Many thanks for your reply will do

Mr Blue further to my latest letter that you kindly advised me to send, I have received a reply from Cabot Financial who have replied with the following.

Our understanding standing of your complaint.

You are unhappy with a letter we sent you which suggests you have chosen not to respond to our communications about this account.

You have sent us 3 letters which we have failed to respond to.

You dispute this account as we have failed to fully evidence our claim.

Our complaints team sent you a letter dated July 2019 following this you have sent us 3 more letters upon review our complaints team received 3 letters from you in August 2019 and September 2019, upon reviewing these letters we note you have continued to raise the same points within these 3 letters, we have already addressed your concerns however I believe we should have responded to you outlining our position am I am sorry we failed to do this

The points you continue to raise have been addressed already and we will not respond to letters of this nature in the future.

Conclusion

Cabot have a legitimate reason to be pursuing you for the balance of this account as it remains outstanding.

It is clear you have acknowledged this account in the past as payments have been made directly by you.

We are unable to obtain any account documentation for this account, however we have complied with our statutory obligations by sending you a notice of assignment and therefore have no other obligations to supply further documentations.

Next Steps

This accounts remains with our customer operations team, I have placed it on hold for 30 days to allow you time to contact us to discuss a suitable repayment plan.

This is our final response under our terms of complaints.

Regards

Compaq7500

What they are saying is the equivelent of buying a car from a bloke in the pub
who does not have the log book or any proof of ownership.
Tough they should have done their due diligence before buying it.

However i would watch the first part (if not all) of this, as personally i would send
a letter of rebuttal .

https://youtu.be/T1Bcg87yTr0

Thank you for your reply daveiron it is greatly appreciated, do you have a link  for a template of letter of rebuttal please.

Hi watch the video ,then just send a notice listing all the points in their
letter you are rebutting.
As i am sure you are aware ,just sending templates does nothing to help
you comprehend what and why you are doing things for.

Good morning all.

Compaq7500:
100% Agreed with the points Daveiron is making. Take a pen and paper and watch the video he has pointed you to (How to deal with Debt Letters: Standing your ground) and pressing pause / note the key parts. You will learn a lot and trust me / Daveiron, you will feel SO much more empowered ('knowledge is power') and not only win in the end (I can almost guarantee you will) but feel BETTER and happier for it. I used to be in fear when I started many, many years ago and simply copied the template letter. But then I read and DIGESTED other posts here and learned so much* / felt empowered / the fear went / it became 'common sense' in terms of how and where to tweak the letters.

*And this is where watching and digesting the video will help

So.... Take your notes and use them for your next letter.

Also, I would add the following lines somewhere in your final letter:

"You say it is clear you have acknowledged this account in the past as payments have been made directly by you. The payments were made at a time when I was regrettably naive and ignorant and was not aware of the FACTS i.e. that no debt exists without being evidenced with certain legal financial instruments that you have NEVER supplied."

"Therefore please make NOTE that I rebut your claim to a debt and I rebut your presumption that I owe you a debt."

"For the avoidance of doubt, the alleged debt is not in complaint (your words not mine) as you so ignorantly suggest."

"The alleged debt remains in dispute because you have failed (fact) to supply the financial instruments legally required to evidence your claim, i.e. those financial instruments that I have kindly listed out for you in my Notice of Conditional Acceptance issued to you <date you sent the NoCA> together with the additional questions I was entitled to ask of you, 1 to 10 in total."

"As such, should you attempt payment collection activities against a disputed debt, you will be in clear breach of the FCA and I shall note that for a future complaint."

THAT'S IT (plus your notes from the video).

(And you will ALWAYS repeat the above sentences / the notes from the video in more than once letter going forward if need be until they get fed up / sell on etc...)

All the best,

Mr Blue

And note where I use words such as "kindly" - I'm taking the mickey out of them by being sarcastic. Why not, they never ever respond to all of your questions / demands so every letter they send takes the mickey out of you....

And note where I uses words such as "demand" - I'm starting to fight back - not only can they make demands... Now it's your turn to get THEM up against the ropes. Treat it like a fight. And the suggestions daveiron and I have just made are the left hook that Cab-BS didn't see coming....

Could the GDPR UK be also used?
As we are all data subjects we are afforded some rights over the use of our data.
The https://ico.org.uk who state that they are

The UK’s independent authority set up to uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals.

   The UK GDPR sets out seven key principles:
       Lawfulness, fairness and transparency
       Purpose limitation
       Data minimisation
       Accuracy
       Storage limitation
       Integrity and confidentiality (security)
       Accountability
   These principles should lie at the heart of your approach to processing personal data.

The lawful bases for processing are set out in Article 6 of the UK GDPR. At least one of these must apply whenever you process personal data:

(a) Consent: the individual has given clear consent for you to process their personal data for a specific purpose.

(b) Contract: the processing is necessary for a contract you have with the individual, or because they have asked you to take specific steps before entering into a contract.

(c) Legal obligation: the processing is necessary for you to comply with the law (not including contractual obligations).

(d) Vital interests: the processing is necessary to protect someone’s life.

(e) Public task: the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law.

(f) Legitimate interests: the processing is necessary for your legitimate interests or the legitimate interests of a third party, unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests. (This cannot apply if you are a public authority processing data to perform your official tasks.)

The UK GDPR provides the following rights for individuals:

The right to be informed
The right of access
The right to rectification
The right to erasure
The right to restrict processing
The right to data portability
The right to object
Rights in relation to automated decision making and profiling.



This could be another avenue of approach as these bottom feeders do not have consent or a contract or anything else that I can see.


Also as a side note the observation decks books are well worth the money imho with excellent info contained within the pages

That fits in with what i have been thinking lately. ie,we should be sending
SARs to these people as well. They should then have to supply the deed
of assignment albeit a redacted copy ,and case law states that.

Gentlemen I have watched the video and it was very educational sadly writing notes and then putting them into a letter of rebuttal is sadly going to be a struggle as I'm not very good at doing things like this.

My apologies

I’m not sure what you are therefore suggesting? We do it for you? Is our (excellent) help and guidance not enough?

MrBlue your help and guidance has been exceptional from the start If I have a template to work from then I can change it to fit my circumstances and not just copy and paste it sadly writing notes and then putting it into a letter of rebuttal is different kettle of fish

We do not have a template for that video I’m afraid.

Okay no worries

How about for now, you just stick the the wording I provided above. And then you’ll have the next couple of weeks or so to prepare for their next letter. And in that time you have plenty of time. It’s never too late to learn these skills (comprehension - watching a video of reading a book and taking key notes) so use the next few weeks as that opportunity

Otherwise it sounds like you will need help all the way and that’s something we do not do ie we do not normally go above and beyond the the advice we provide in our dedicated GOODF template letters and process section (which tells you every step you need to take AND when to, eg the ten day intervals etc).

Even if we wanted to hand-hold you through every step, we couldn’t as we also all lead busy lives and have spent a very considerable amount of time on the GOODF templates and process section etc. And I’m sure that those efforts are appreciated by many. In fact we know they are, as we have lots of examples of successes in our success section where the GOODF templates and process section has helped them.

All the best!

Have drafted a response after watching the video that you advised me to watch I must say it was very educational to what extremes cabot financial will go to and how they try and turn around what you have actually requested in the 3 letter process ie turning the 3 letters into a complaint which they actually aren't as they are notices of conditional acceptances.

Hopefully this 4th and final notice of conditional acceptance which stipulates that the 3 letters I have already sent are NOT letters of complaints but are indeed 3 notices of conditional acceptances will now finally sink in with Cabot Financial.

Regards
Compaq7500

All the best!