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Moon phases


Cabot reply after 3 letters

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Post by Prometheus on Fri Nov 08, 2019 4:18 pm

Hi

I sent the 3 letters to Cabot - they sent back this reply - first time I have personally seen a DCA rebutting the letter
I was wondering what your views are on their comments are and do I respond or leave it.
Many thanks for your help
Attachments
Cabot reply after 3 letters Attachment
letter1st page.jpeg You don't have permission to download attachments.(105 Kb) Downloaded 19 times
Cabot reply after 3 letters Attachment
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Post by daveiron on Fri Nov 08, 2019 5:24 pm

I would respond (not by phone) on a couple of points.

Your question regarding any insurance claim was "has any insurance claim ever been made in respect
of this account " they have side stepped this by stating they have not made an ins claim .Thats not
what they were asked.
Also thank them for their confirmation that no default notice exists.

Personally I would also tell them that as it is standard banking practice to securitise these agreements
whereby all rights and interests are sold . You require a statement be provided under penalty of perjury
that they hold full rights and title on this account and what they have purchased is not just a list of
alleged defaulted accounts.
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Post by Tom Bombadil on Fri Nov 08, 2019 8:47 pm

If I got to the point whereby i had sent the three letters, then I would ignore any and all correspondences from this point other than to have them charged or to send them a bill!
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Post by Mrblue2015 on Sat Nov 09, 2019 6:08 am

Moving post to debt section
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Post by Mrblue2015 on Sat Nov 09, 2019 6:15 am

@Tom Bombadil wrote:If I got to the point whereby i had sent the three letters, then I would ignore any and all correspondences from this point other than to have them charged or to send them a bill!

Agreed (as this is the way to follow the GOODF process) and send the Estoppel which can be found when you scroll down the following post:

https://goodf.forumotion.com/t299-the-three-letter-process-for-banks-and-credit-cards


Last edited by Mrblue on Sat Nov 09, 2019 6:46 am; edited 1 time in total
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Post by Mrblue2015 on Sat Nov 09, 2019 6:43 am

@Prometheus wrote:Hi

I sent the 3 letters to Cabot - they sent back this reply - first time I have personally seen a DCA rebutting the letter
I was wondering what your views are on their comments are and do I respond or leave it.
Many thanks for your help

Good luck to them without the default notice too. A screen shot from them will NOT suffice:

https://www.legislation.gov.uk/ukpga/1974/39/section/87

What you will come to realise is that these idiots will write stuff in such a way as so make you think you’re in the wrong and they are in the right. Sometimes they’ll play dumb too. It’s all part of their shameful  tactics and as DI in effect points out, in all likelihood the account they have for you started out as a row in a spreadsheet of MANY accounts with little if any LEGALLY REQUIRED documentation to accompany these accounts.
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Post by daveiron on Sat Nov 09, 2019 8:41 am

Agree with mr blue,

You will see that when documentation is requested ,all of them have to go back to the OC
to get any docs.this shows all they have in the first place is nothing more than a list.
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Post by Stevro on Sat Nov 09, 2019 4:27 pm

@Tom Bombadil wrote:If I got to the point whereby i had sent the three letters, then I would ignore any and all correspondences from this point other than to have them charged or to send them a bill!

I would say keep engaging with them. Not because you need to, although it may be prudent, but because it will keep them busy and therefore under-resourced.

I try to keep them on the phone now for as long as possible. I stay polite but take great pleasure in explaining the entire debt based system to them, encouraging them to learn and educate themselves. I think approx 40 mins is my record to date.

You'll find they call less and less as they'd rather go for fools who admit debt and offer to pay 'something' every month.


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Post by Prometheus on Sat Nov 09, 2019 5:12 pm

Brilliant - thank you everyone for your input - great learning
I will respond

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Post by daveiron on Sat Nov 09, 2019 5:27 pm

Never contact them by phone ,the call will be recorded & one slip on your part will be admittance
of the debt and will be used against you. They are trained for just that.
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Post by Prometheus on Sat Nov 09, 2019 5:33 pm

Thank you - I never speak with them - always all in writing

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Post by Mrblue2015 on Sat Nov 09, 2019 11:20 pm

I recommend that you only take advice from people with at least 3 stars against their profile as it’s not been unknown for the odd troll (Debt Purchaser / Debt Collection Agency / solicitor even) to pop up masquerading as a legitimate person in need of help but giving out misleading advice... Having said that, the fantastic admins / moderators (thank you friends) on here do a sterling job kicking the trolls out :-)
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Post by Stevro on Sat Nov 09, 2019 11:34 pm

Mrblue wrote:I recommend that you only take advice from people with at least 3 stars against their profile as it’s not been unknown for the odd troll (Debt Purchaser / Debt Collection Agency / solicitor even) to pop up masquerading as a legitimate person in need of help but giving out misleading advice... Having said that, the fantastic admins / moderators (thank you friends) on here do a sterling job kicking the trolls out :-)

Good point. I could be a troll or working for the banks and trying to trick you into accepting phone calls.

Hopefully this isn't an attempt to negate my other comments on other threads/points Rolling Eyes

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Post by Stevro on Sat Nov 09, 2019 11:48 pm

Here are my credentials. I imagine you can find the case records online.

Cabot reply after 3 letters 20191110

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Post by Mrblue2015 on Mon Nov 11, 2019 1:24 pm

@daveiron wrote:You will see that when documentation is requested ,all of them have to go back to the OC
to get any docs.this shows all they have in the first place is nothing more than a list.

EXACTLY.
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Post by Prometheus on Fri Feb 14, 2020 3:49 pm

Hi Everyone

Just received a new letter from Cabot saying I have been selected to go forward to their solicitors- how shall I be proactive and prepare?

Thank you

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Post by Mrblue2015 on Fri Feb 14, 2020 10:17 pm

Good evening,

I would now wait to hear from their “solicitors”. And in the meantime, draft letter one for DCAs, because that’s how would would treat a “solicitor”.

(I used inverted commas because a lot of the “solicitors” they use, especially in-house ones, are quite amateurish and unprofessional and can be simply treated as another agent.)

Let’s then see what the “solicitor” comes up with. Their letter will no doubt not be signed by a named individual which will further tell you how unprofessional they are...

But I can assure you there is no need to worry. It’s just another scare tactic / trying the next level with you to see how far you can be pushed.
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Post by Prometheus on Mon Feb 17, 2020 2:56 pm

Thank you Mr Blue- will keep you posted
I am ready !

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Post by Mrblue2015 on Mon Feb 17, 2020 5:57 pm

Good on you Smile
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Post by Prometheus on Thu Apr 09, 2020 8:49 pm

Hi

I have been away and on my return I have received letter from Mortimer Clarke Solicitors

dated 13th March
I was reading the thread with annal and way lander who had the same issue and I am bit confused about requesting CCA /SAR etc.

What is my first step here? do I do the 3 letter process on them? - do I fill any aspect of the forms they sent - the one pertaining to I need more documents ?

Also concerned I have missed the 30days they state - although they sent 13th March did not arrive till the 19th March

Thank you for you help
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Post by Mrblue2015 on Fri Apr 10, 2020 7:56 am

I would be surprised if the very first letter from their ‘solicitor’ is a Letter Before Action (LBA). Did the letter include a form for you to fill in that looked similar to the one on the Annap? Scroll down on page 1 of 6 here:

https://goodf.forumotion.com/t2853p25-cabot-is-there-a-realistic-chance-to-fight-them

Can you remind me what documents (evidence) has been sent to you so far? No need to upload and do not tell me the exact sum (just round up to the nearest £1k). No dates either.


Last edited by Mrblue2015 on Fri Apr 10, 2020 8:40 am; edited 1 time in total
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Post by Mrblue2015 on Fri Apr 10, 2020 8:03 am

A SAR (Subject Access Request) helps you fight an alleged debt as follows.

If, for example, you were to use the 3 letter template process against a debt purchaser or debt collection agency (the latter simply collect on behalf of the debt purchaser) you will see that we ask for specific documents (and true copies of these...) to EVIDENCE any alleged debt.

In the meantime, a SAR (Subject Access Request) to an OC (Original Creditor) will provide evidence of any alleged debt (credit agreements, default notices, statements etc).

If / when you receive a document from a debt purchaser / DCA you can then compare what they have sent you with the REAL evidence you have via a SAR. If you see any contradictions etc, then that tells you the DP/DCA has NOT, in fact, evidenced an alleged debt...

Hope that makes sense 😊


SAR Template:
(Address to the Legal Dept of the OC)

Dear Sir/Madam,

This is a data subject access data request as per the Data Protection Act, the EU GDPR and The Freedom of Information Act 2000.

Please supply any and all of the information that <bank / CC provider> holds on me:

Name:
DOB:
Address:

May I remind you that you are required to reply in full and within one calendar month
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Post by Mrblue2015 on Fri Apr 10, 2020 8:08 am

And in your letter responding to the Solicitor, I would STERNLY warm them that it would be flagrantly  vexatious of them to put you under such pressure or to hold you to such timescales* given the current pandemic and therefore the potential for you not to be able to move so freely ie using a post office is NOT an essential activity! And say you took a risk on this ONE occasion to write to them but you cannot guarantee that going forward. And then add that should they STILL harass you, you will use your letter to them as evidence in a complaint to the Solicitors Regulation Authority. That should given the bastards something to think about!!

*timescales: IF it turns out that their letter is NOT a letter before action, them who gives a damn about THEIR timescales...
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Post by LionsShare on Fri Apr 10, 2020 8:10 am

Sums it nicely mrblue Very Happy
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Post by Mrblue2015 on Fri Apr 10, 2020 8:16 am

Thanks LS. We in general (or at the v least the vulnerable) are all in a potential life or death situation and these bastards think it’s OK to carry on as usual?!
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