Cabot contacted me about alleged debt

daveiron wrote:Ok, this is where the responses split into 2 .
1 if no direct communication complying with notice1 send notice 2 after
  14 days

2 Just send a quick letter in answer to them wanting your ID. Inform them
they have your address as they have been communicating with you at said
address ,to which you have responded from. (no need for signed for,just get
a cert of posting)

Proof of posting is proof of delivery.

@daveiron

Thanks for the help, im having to rely on free public wifi atm so my responses may be delayed as i wait for payday to pay the bill lol so sorry if im not very fast i am still here.

Thank you for the advice, ill head to library in morning and get the rebutal letter sent out, ill remove the bit about not being their customer and just reword the last letter to them slightly so its not a duplicate and resend.

ill also get onto the noca 2 while im there and print that out too in prep for that to be sent too.

Thanks again you guys rock without yall id have prob just ended up crumbling to these leeches

You are very welcome, dont forget to get copies of everything.

No crumbling round ere - you stay strong and committed - we have to be more persistent than these parasites are

manabout wrote:@daveiron

Thanks for the help, im having to rely on free public wifi atm so my responses may be delayed as i wait for payday to pay the bill lol so sorry if im not very fast i am still here.

Thank you for the advice, ill head to library in morning and get the rebutal letter sent out, ill remove the bit about not being their customer and just reword the last letter to them slightly so its not a duplicate and resend.

ill also get onto the noca 2 while im there and print that out too in prep for that to be sent too.

Thanks again you guys rock without yall id have prob just ended up crumbling to these leeches

Hi all as some of you may of guessed saturday wasnt possible to send nor monday but i did get it sent out on tuesday luckily. The whole coronation thing completely slipped my mind i went to the library and was kind of annoyed id wasted the bus fare but i got free cake so not totally wasted lol

Im on today with a response to my noca1 they have basically completly ignored the whole thing from what i can gather ill lay out the main points below as to not clog up my writing.

1. They acknowledged the request to conduct all communication through post but threaten if i dont respond to their communications they will start calls, emails etc..

2. They have summed the whole noca as just a request for proof of the alleged debt.

3. They want 16 weeks to investigate it and "may include them contacting oc" not sure why they think this is a threat but ok. Im kind of more wondering the extent of how much the oc is willing to give and how much info they can legally give with data protection laws being what they are but maybe i just dont understand enough to know if this was a threat tactic.

4. The more important part i think they refer to this as a dispute not a notice.

Im assuming my next step before the noca 2 is to send them a rebuttal to it being a complaint/dispute or am i misunderstanding.

The more i learn about this all this stuff the more i feel dumb to be honest. I wonder if im just over thinking wording but they seem weirdly worded like its a trick.



My replies should be more prompt by friday as my internet will be paid by then, im sorry for the inconvenience of my sporadic  messages

Thats pretty much a standard response, and this is where it splits into
2 as i mentioned above.
Ignore their 16 weeks crap ,they have made a claim without evidence.
Think of it this way,would you buy a car from someone who it does not have the
log book or any proof of ownership ?

Continue with notice 2 after 14 days from notice 1.

You are correct ,respond to whoever has sent that letter .Make it clear you
are not in dispute or made a complaint & they are not to treat your communication
as such. Also inform them the matter is being dealt with personally with their CEO.

Thank you, i suspected as much but i question everything now lol, when i read it i had to laugh. Every letter is a trap or a scummy tactic if it wasn't for this site and everybody here id have definitely fell for them by now and ended up in trouble.

Ill get the letter rebutting their claim of it being dispute composed and sent out on monday. I believe the two weeks is also about up so will get the noca 2 sent out also.

I have internet again from today so my responses and action should be prompter now im not having to travel just to reply lol

Thanks again for being patient and helping me out i really do appreciate it all

Have they responded to the DSAR yet ? please let us know.
Just as an example ,upon me receiving a dsar from PRA Group i spotted
something that made their claim uninforcable.

Hi Dave

I have received little to no response from the dsar request from the dp, they are still asking me for proof of ID although im still waiting on a response to my latest rubbutal of their need for it again.

I also sent out the rebuttal to the person who contacted me trying to say its a dispute rejecting this claim but again no response yet also finally i sent out the second noca letter to them but again no reply to any of these yet.

But on a funny note i was coming on here in the next few days to inform you all of what i got in the post yesterday evening by proper fancy signed for delivery.

I wanted to fully go through it because there is alot there and it confusing but since you have brought up the topic first its the other dsar from the oc.

Ive been reading through it and its mainly communications they sent through their own messaging system on the app i never used explaining why i never got them lol. They should of mailed but shrug too late now. A weird thing though going through the letters briefly one thing i havent found yet unless its hidden is the info on where they sold the account or for how much. Do they have to provide this?

As i say though i wanted to go through it more properly first as it may be hidden in there and im just missing it since there is a lot to go through.

But its something

Ok so ive been going through the dsar from alleged original creditor and its kind of lackluster at best tbh unless im misunderstanding it all.it just mainly bloated padding.

So they say ive signed a contract with just a tick box with a date but there is no actual signature on anything other then the one on the copy of the dsar i sent them. In everything they sent there is no data other then basic shit like contact details. How can we have an agreement where the only signature they provide is just a tick to say i signed and no proof to verify it?

Am i misunderstanding it or does this mean there isnt any formal contract if they dont produce a copy of this signed document? From what they sent its just them saying there was a contract and no actual proof of the actual contract?

Its like me writing a big fancy document saying my friend signed a contract to pay me £1 without actually showing a contract. If this stuff is legal i could just say anyone owed me anything.

you need to try and break the DSAR down if possible, look at what you requested from them as well, have they answered your request in full ?

start by looking at their reply in full and see what they are saying by this i mean the cover letter and any index or list of what is enclosed.

firstly separate the agreement and the terms and conditions of the agreement that they have sent you. Is it an agreement or an application ? was it done online ? do they say it is a reconstituted agreement ?

next i would go through it all and separate the statements of account this is usually a large percentage of the DSAR.

would be a good way to start

Hi Waylander

I have followed your advice and seperated it all into different piles by what they are. They havent sent all of what was requested but have sent quite alot. Ill try to break it down below what they sent and didnt if it helps

In the cover letter they claim the statements from june 22 to now are unavailable due to it being sold to DP but there in no actual information on what they actually sold as there were no costs/damaged mentioned as requested, or how much they sold it on for or what information they sold them. Other then in the cover letter they have no mention of cabot or when they sold it to them. Even in their so called default notice and termination of alleged account notice letters they only threaten selling the account on. They havent sent me anything to say they sold it.

As you can imagine with the above bs there is no NOA, DOA or any sale agreement either there is nothing on the actual sale.

As for what they did send:

1 x a big pile of copies of digital letters they sent through their in app messaging system i never recieved mainly about paying/not paying the alleged debt.

1 x Questionable default notice that doesnt actually say what they are going to do with account but seems more like a threat letter with its wording the.

1 x printout of copies of their credit agreement that reads like a pamphlet with a single seperate dedicated page that is all but blank except for two tick box's one saying i signed the other saying they did but no signatures.

The rest is just statements and a few pages with the personal information they have on me.

Im prob confusing things but im not sure how any of this they have sent helps me tbh, its says nothing by saying alot if that makes sense. Its lots of bloat mainly.

Even the stuff they have stored on me is just general info and no actual private stuff connecting me. No id's, nothing with signatures etc...

But again i say all this with the acceptance maybe im just being dumb and not understanding it but this feels watery at best in terms of proof for a legal contract. By what they have sent as their stored proof anyone with basic info from anyone could provide the stuff they have sent me. The only actual signature on anything from me is the dsar request i sent them. Other then that they have sent no copies of anything from myself to them. It reads as a one way communication with zero backwards and forwards.

Sorry for all this ive prob confused it all, but if you require clarification on anything ive said or more info let me know and ill try to provide it. Im thinking until the DP send me their dsar all it does is show they prob at best just insinuates really.

I must also say wow this took way more mental energy then i expected reading all the stuff they sent. Its so much dribble and alot of it made me angry when i started seeing more what they wasnt saying

Just for clarity, regarding the agreement.
Is it one document that contains the terms and conditions with your
signature or tick on it ?

@daveiron nope, from the looks of it they printed out a copy of their terms and then printed a screen shot of a two tick boxs and printed it on a separate page. The thing they call a credit agreement is 12 double sided pages of terms and conditions. The actual tickboxes are on a separate sheet.

it is a bit difficult to understand, by what you have written so lets start on the same page

as dave has already asked the question lets focus on the agreement

basically it should be an agreement clearly stating 'under the consumer credit act' , it does not necessarily need to contain your signature do you remember opening this account ? was it an application form or maybe done online ?
have they provided all of the terms and conditions in respect of the agreement ?

i have never known a DSAR to contain anything to do with the assignment apart from maybe the odd copy of a notice of assignment but we can deal with that after.

As a complete novice the first thing I would say is number the pages of what has been received ..
It is so easy to mix them up and get mixed up with them..
You only have to turn s page over and you can't remember which side it should be or corraspond to ..
Number them boldly both sides ..
1a.. 1b..2a..2b.. etc ..
You'll find this frees up alot of brain work ..

Hi waylander.

Sorry for my confusing writing, i am really trying to be clear but i seem to be making it worse so ill start by just answering ylur questions to the best of my ability.

Yes they sent an agreement under the consumer credit act. That section of the dsar is 12 double sided pages explaining the terms of the contract and what it means what i can and cant do.  

The alleged cc debt was an online application so done online initially but they also sent out a form to sign and return in this totally not real scenario lol the actual signed form isnt here at all making me question if it was real lol but im 99% sure it was lol.

I hope this is clearer. I dont know how to seperate the terms out as its written out like a Q&A booklet. It will give a question like

Q "can i increase my limit"
A "yes yes of course you can since that means more money we can steal from you later" not accurate but its all phrased like this mainly

Just a thought, When you sent the DSAR did you request all data they
hold on you?

I am thinking it may be an idea to ask them (in writing) to confirm that
they sent you ALL of the data they hold on you.
Dont mention anything you believe they missed.

Hi Dave, im no expert on all this but that sounds like agood idea. It would give me a written confirmation that this watery pile of paper is everything they possess. Im not sure if it is the same thing but on the cover letter just above the content list it say exactly

"Please find below a list of all available documentation which has been enclosed"


Also ive just got mail for the day and in it is a response from DP

its not my dsar request or even a proper response to the noca 2 but instead a kind of half assed response to it. They have completely ignored what i wrote to them about it not being a complaint and have sent practically the same letter again saying they can't give me a response for my dispute and need 16 weeks to investigate.

Im assuming i should send the same rebuttal letter again but with the proof of postage and reaffirm that im not in dispute and im dealing with their ceo?

I feel like they are just trying to go in loops on purpose

Another rebuttal letter would not hurt, I would title it 'final rebuttal'.
If they are still insisting on 16 weeks ,that gives you ample time to
complete the process. It also shows they are claiming you owe them
with no evidence whatsoever.

They will do everything to avoid addressing the contents of the NoCA.

Thats perfect thanks for the advice. I Will get both letter composed on tuesday as tomorrow is bank holiday and library is closed.

Thank you everyone for the advice and guidance

so it was initially done online, it sounds like they have sent you a copy of an online application ? does it state on it that it is an application? does it also say that they will send an agreement for you to sign ?

without seeing it really impossible to tell.

anyway does the DSAR contain a copy of a default notice ? i mean an actual default notice not a letter which includes default sums . it will say default notice pursuant to s87 of CCA then will give you an amount of time to rectify the default and a sum which must be paid by that date.

also separate all of the copy statements and put them in date order that will make up a fair chunk of the DSAR. these could also contain crucial information.

Is it worth doing a CCA request to the current creditor as well? CCA and DSAR return different information, although there's a lot of overlap. And CCA has the benefit of barring legal action if it's not complied with.

Hi waylander sorry for delay,

Yes there is a copy of a default notice letter pursuant to sec 87(1) of cca 1974

it states i need to pay an alleged minimum monthly contractual payment and are overdue. And if these aren't paid by a certain date the full alleged account balance will become payable and my alleged account terminated. Sorry i know prob use alleged too much but im trying to get into the habit of not falling into tricks if these scummy people

It then goes on to say if the balance isnt settled sell the account to third part or seek legal action.

Hi flyingfish

Honestly im not really sure, im rather new to all this and dont know enough about anything to know if your suggestion is a good idea or not im afraid to say this isnt me criticising or refusing it just admitting my incompetence at understanding what it would do or entail.

Ive been trying to learn the stuff i need to for what ive been doing but other then this in order to not confuse myself more i keep my study to what im trying.

I have to admit if it wasn't for the people helping me on here id have not even started this process at all due to my messed up brain lol


...............

None specific update on my progress below vvvvvvvvvvv


I have composed both the final rebuttal to DP about it being in dispute and the letter asking oc for confirmation that the package they sent in regards to my dsar request is everything they possess and isnt separated into two packages. I haven't sent these yet as i noticed some replies on here that i missed and wanted to ensure this is still the correct response going forward

Thanks again everyone i appreciate it all