Cabot and interesting letters...

Take a look at these two letters...thoughts?





Im a bit unsure about these? how should i proceed, 3 letter process?

Very important: Did they also attach a full letter size 10 writing like a new terms and conditions?

regarding the important information about your account which goes on to state they are the legal owners and that this letter is the notice of assignment,

If thats the letter then yes they did

Yes.

It appears they are tricking people into a new agreement via a notice. In that Very Important letter, it mentions that there is an agreement and that they want to transfer your personal data out of europe probably through their securities company.

What the OC has done is absolutely assigned your debt to cabbot. Thats done under s136 of the law of property, under that section they ONLY have a write to the debt there is no agreement between you and them. The  very important letter is a construed agreement between you and them and it will stand unless you rebut it.

Get a big red pen write thorough the middle of the important about your account letter terminated and sign in blue.

You'll have to send these documents back to them soon, make sure you copy them before and after you've terminated them, but send them the original terminated.

You'll need to write an accompaniment letter with it explaining there is no agreement between you and them they have no authority to process your personal data especially outside of europe.

I'll give you a draft to go by if you want to use it, then probably follow ups with the three letter process. Hold fire until I get you some more info and other members will probably want to offer some support too.

Ah see i thought this, they have sent another letter which arrived today but they just states that they really want to help me XD so to clear it up i need to do what you said and get a draft to go by which yes i would like to use!

thank you so much

Ok Ill put one up in the moving forwards section a little later, no panic you've got time to think about how you want to respond

Hi Stormey 121

see this link for your template. If it were me I would send this then send a separate letter starting the three letter process

https://goodf.forumotion.com/t1027-dca-s-implementing-agreements#7621

HI stormy121

Anyone can send you a letter saying they brought the alleged debt , start the three letters , and remember you want all the information in the 3 letters , then the estopel , if you need to bill them after the estopel ,keep the bill sensible and dont forget the new cover letter with the bill,

KEEP US informed

Okay, got that letter written up, this 3 letter process, ive done it before so im going to assume i can do it the same way i did before?

Should i send with this letter or after this letter? separate or together?

Right! So I've a rather large update for you, i actually heard back with a rather interesting reply! please see the attached letters and let me know how i should continue with this one? Is this normal from them? should i add anything extra into my letters or just continue as normal?

Hi stormy ,

just a quick run through their information sheet.
read through the letters for Debt Purchasers in the New Letters Process.
Also search for info on novations etc

Look at both case laws in the letters.
You do have the right to see a copy of the sale agreement ,even a redacted one.

Regarding their claim they may commence doorstep collections:
Send a WOIRA or inform them that anyone who calls must first.
1. Make an appointment ,enclosing a payment of £ 100.00 to cover your time .
2. provide a Health & safety compliant Method statement and a risk assessment
3. Details of their Public Liability insurance .
Should they not comply their Implied Rights of access will be immediately and permanently removed.

That Information sheet is just a compilation of the usual BS.

Had the same letter but not signed at all,  just wait for there next trick i guess
Thanks for the help K

Hi stormy 121

also keep doing the 3 letters , remember DCA,s lie and b******

daveiron wrote:Hi stormy ,

just a quick run through their information sheet.
read through the letters for Debt Purchasers in the New Letters Process.
Also search for info on novations etc

Look at both case laws in the letters.
You do have the right to see a copy of the sale agreement ,even a redacted one.

Regarding their claim they may commence doorstep collections:
Send a WOIRA or inform them that anyone who calls must first.
1. Make an appointment ,enclosing a payment of £ 100.00 to cover your time .
2. provide a Health & safety compliant Method statement and a risk assessment
3. Details of their Public Liability insurance .
Should they not comply their Implied Rights of access will be immediately and permanently removed.

That Information sheet is just a compilation of the usual BS.
 

Very informative thank you! can you make a suggestion on how i can add that into letter 2?

I should point out im using the old letter templates not the new ones

Hi stormy,
As you have only sent letter 1 , if it were me I would restart with the new 3 letters .

Regarding the doorstep collections they are threatening ,just pretty much add what I put ,remember if they
call they are acting in commerce and these are your terms and conditions.

I got one of those too from cabot. I told them I understand companies like them don't often like getting letters from people who know their rights

That info sheet is very telling cheers.

Thanks for sharing stormy121. That is an interesting 'Information Sheet',

Rachel Morphy - Customer Support Consultant wrote:- If you have referenced Van Lynn Developments -v- Pelias Construction Co Ltd [1968], this is misconceived. The main issue in the Van Lynn case was what constitutes a notice of assignment. The comments from Lord Denning were without detailed discussion and consideration of the issue of disclosure of the deed of assignment.

Did they just provide you with legal advice/opinion?. Solicitors Act 1974 := http://www.legislation.gov.uk/ukpga/1974/47/contents

Are Cabot Financial permitted to carry out “reserved legal activities”?. Legal Services Act 2007 := http://www.legislation.gov.uk/ukpga/2007/29/contents

Could this be considered along the lines of negligent advice?.

Bit of speculation. If it does constitute legal advice, and by some fanciful process they are permitted to offer legal advice to alleged debtors, perhaps from having a legal department, then would that make any correspondence/account protected under client confidentiality privilege and, open to potential solicitor negligence if pursued? .

actinglikeabanker wrote:Thanks for sharing stormy121. That is an interesting 'Information Sheet',

Rachel Morphy - Customer Support Consultant wrote:- If you have referenced Van Lynn Developments -v- Pelias Construction Co Ltd [1968], this is misconceived. The main issue in the Van Lynn case was what constitutes a notice of assignment. The comments from Lord Denning were without detailed discussion and consideration of the issue of disclosure of the deed of assignment.

Did they just provide you with legal advice/opinion?. Solicitors Act 1974 := http://www.legislation.gov.uk/ukpga/1974/47/contents

Are Cabot Financial permitted to carry out “reserved legal activities”?. Legal Services Act 2007 := http://www.legislation.gov.uk/ukpga/2007/29/contents

Could this be considered along the lines of negligent advice?.

Bit of speculation. If it does constitute legal advice, and by some fanciful process they are permitted to offer legal advice to alleged debtors, perhaps from having a legal department, then would that make any correspondence/account protected under client confidentiality privilege and, open to potential solicitor negligence if pursued? .

I've no idea what you mean? im definitely not as clued up in regards to the law as you may be so i am sorry if i come across abit dense with regards to what people say, i get the gist of what your saying but dont know any law that follows what your saying lol.

Im going to get the 3 letter process restarted and move on from there.

Do have a question though the new 3 letter process states i tried to contact the previous persons before them, i haven't, does that matter?

Hey stormy121. No problem, I was just thinking out loud I will send you a link that explains it more and points to the relevant parts in the acts.

In summary, I would argue that they are giving you legal advice as they are telling you how the law relates to a specific case (Van Lynn Developments -v- Pelias Construction Co Ltd [1968]), claiming authority (this is misconceived. The main issue in the Van Lynn case was what constitutes a notice of assignment.) and speculating on considerations (The comments from Lord Denning were without detailed discussion and consideration of the issue of disclosure of the deed of assignment.). This could potentially fall into duty of care areas and maybe even a fine for them.

Whilst we here are not legally trained and will all advise anyone/everyone of that fact, they, in my view, are advising you in a legal matter which, I am not convinced they are allowed to do.

If you understand and are comfortable with the three letters then this may be your better choice for now. I have not gone through the new letters so personally cant offer any reflection on them.

I actually like your way of thinking Mr Banker, how can they be working for one side and then offer the other side legal advice without it being a conflict of interest. Would they have to be solicitors though for that to be the case.

Received these today too. Drawing up an adjusted letter 2 now

Hi Stormy121

I have received the same letters from them with reference to 2 alleged debts they claim to have purchased, these came after letter 2.  They haven't sent me any info other than YOU OWE US MONEY!

I will be proceeding with letter3 and will probably include a WOIRA notice for good measure.

I found this one on line and have cut and pasted for you below, it looks simple enough and to the point.

Im guessing you have probably sent yours off already given the date of your last post.

Regards

G


LEGAL NOTIFICATION
==============



I reply to you by recorded mail in response to several text messages and
attempted telephone contacts to the above alleged debt. i have not
received to date by recorded delivery any deed of transfer nor deed of
assignment of the debt from the purported and alleged creditor.


I 'YOUR NAME', give formal notice of WOIRA, 'Withdrawal Of
Implied Right Of Access' to the property known as 'YOUR ADDRESS'. This notice prohibits any
visitation by any operative / agent / person / or body corporate from
attending the above property without revocation of WOIRA or by prior
written rescission of same. This WOIRA applies to Motormile Finance (UK) Ltd and its authorized agents or third parties connected with them.


Take notice that should you attempt to enforce a 'doorstep collection'
process, you will be committing the offence of trespass in law and legal
action will be taken against Motormile Finance UK Limited, by service of
a notice by recorded delivery at court to the following address ;-
MOTORMILE FINANCE (UK) LTD - SANDERSON HOUSE STATION ROAD, HORSFORTH,
LEEDS, LS18 5NT, and of which the company registration is 06637307

No further communication will be entered into on this matter, nor will
any letters, telephone contact attempts or text messages be replied to
or complied with. Further harassment for alleged debt will be met with
the full force of the law as circumstances dictate.

Yours,


'AN ALLEGED DEBTOR' "