Mel v Cabot

[100mel]

I was contacted by Cabot back in December 2007 concerning an alleged credit card that they claimed to have taken over from Sainsburys - much harassment followed by phone which I managed to stop .I have been engaged in letters of dispute, requesting copy of proper CCA etc ever since then - only documentation provided was an illegible CARD REQUEST FORM. On 31st August suddenly they registered this undocumented debt as Default on my credit file without any documentation whatsoever. This default is a disaster for me as I am trying to raise money in a business context at the moment but Cabot know that the greatest damage can be caused in this way I believe

Experian have refused even to add a notice of correction

I need to act and I am assuming that the course of action has to be court. Would therefore be really grateful if anyone can give me advice on this regarding court claim and any other action/complaints as I'm finding this really stressful

thanks Mel

[Amethyst]

Re: Mel v Cabot

Did you have a card debt with Sainsburys ? If so was this defaulted and did you receive a default notice.

Can you scan a copy of the 'credit agreement' in and upload to the site (take off personal details)

Need to know the background a bit more to know where to go forwards to.

Welcome to Beagles

[Curlyben]

Re: Mel v Cabot

Well this should be of some use.

Principle:

A default notice requiring payment by the hirer in order to remedy the breach is ineffective if it specifies a sum
exceeding that actually necessary to do so.

Facts:

The plaintiffs hired a photocopier to the defendant firm of solicitors under a rental agreement providing for quarterly payments. The agreement provided, among other things, that on default the plaintiffs might terminate the hiring by written notice. After some two years, the defendants ceased payments. The plaintiffs sent a default notice which complied with the statutory requirements in form. The notice, however, when it specified the amount required to be paid to remedy the
default, specified an amount exceeding that strictly required to do so. The assistant recorder held that the notice was
nevertheless effective, on the basis that if the defendant paid the amount required it would have done more than needed to
remedy the breach. The defendant appealed.

Held:

Allowing the appeal, that the Consumer Credit Act 1974, s 88, required the owner to specify not only the nature of
the breach but the action required to remedy it. It was part of a statute plainly enacted to protect consumers. Since many
regulated agreements would be complex, most hirers would be individuals, and the owner would be in a far better position to
provide precise information about that remedial action, the section should be construed as requiring an accurate statement not
only of the nature of the breach but of the action required to remedy it (subject, it might be, to a de minimis dispensation).

Accordingly, the default notice did not satisfy s 88 and was not effective.

I must admit I did some work on court action to have defaults removed, but didn't really get anywhere.

The above appeal court case is a needed precedent.

I assume you have already tried all of the usual removal activities.
I find this extremely useful: Remove Default Notices on a Credit File - We show you how | LearnMoney.co.uk

[100mel]

Re: Mel v Cabot

Yes - I did have a card with Sainsburys - mega hassle and dispute over charges - then I discovered wonderful sites like this and realised the need for a CCA and proper default notice - neither of which I had from them and certainly not from Cabot at any point. The hassle from Blair Oliver and Scott and Cabot during a period of long term care for a parent was almost overwhelming

Here is the CARD REQUEST FORM - it is the only document which has ever been produced either by Sainsburys or Cabot

http://i292.photobucket.com/albums/m...aint/cabot.jpg

Grateful for any advice as to the way forward on this one

thanks

Mel

[Curlyben]

Re: Mel v Cabot

Is that ALL they have sent ?
As it stands it is COMPLETELY unenforceable.

[100mel]

Re: Mel v Cabot

Yes thanks I appreciate that - if they were going to do anything legal they would have done something before now I guess but Cabot don't seem to have much regard for the CCA - however the problem for me is the default information on Experian - serious problem for me and what I need to do about it which I guess is go to court?

Mel

[Curlyben]

Re: Mel v Cabot

Have you read through the link I posted as it should help.

Also this should be a great help as it's directly from the ICO.

[100mel]

Re: Mel v Cabot - help please next stage

I have to now draft small claims court claim for removal of this damage - Cabot have something which is unenforcable so they slam a default on for maximum damage

I'm really asking for help as to whether someone can help me draft the POC - haven't had good experience with small claims and I'm scared to death so wondering if someone can help

thanks

Mel

[100mel]

Re: Mel v Cabot

Can anyone help me draft POC for a claim against Cabot for removal of default information - causing immense damage to me

Thanks

Mel

[Tools]

Re: Mel v Cabot

Apologies that your last two posts have been missed.

I have flagged your thread for further help

[Curlyben]

Re: Mel v Cabot

Mel, have you read and actioned the link I posted in #3 and also approached the ICO ?

Also you mention "causing immense damage to me", could you please quantify this statement.

[100mel]

Re: Mel v Cabot

The immense damage for starters amounts to an inability to move my mortgage specifically because this data is being viewed on Experian - every time a lender looks at it it is a no no

To update Cabot have responded to my statutory notice to say that they will continue to process my data etc etc and threatened litigation if I don't pay - whilst this is nothing but a threat the default information is a real problem

Experian have just sent me a long letter saying that they won't even add a notice of correction to my file despite the ICO guidelines posted here

I am in the process of doing a complaint to ICO but I can't see any option but to go for a court claim

Can someone help me with the POC's on this or at least look through the ones I have drafted

Help please ?

[100mel]

Re: Mel v Cabot

Update on this - Cabot are now threatening legal action on the apparent agreement

Any suggestions to defence on no CCA appreciated

Mel

[Curlyben]

Re: Mel v Cabot

Threats are nowt to worry about, it's when the court claim hits the mat that things need to change.
Now if you want to really annoy them you could fire off something like this:

Account In Dispute

Dear xxxx,

I acknowledge receipt of your notice of intended legal action sent by your company on **DATE** which was received on **DATE**.
Please be aware that any proceedings will be extremely vigorously defended and that a counterclaim will be made against ** DCA **. I am unable to respond further at this time, since you have given me inadequate information to investigate the claim. Please note that under the Overriding Objectives, you have a duty to act reasonably at all times.

As you are aware, under the pre-action protocols of the Civil Procedure Rules, your letter before action should have included the following information:
4.3 The claimant's letter should —
(a) give sufficient concise details to enable the recipient to understand and investigate the claim without extensive further information;
(b) enclose copies of the essential documents which the claimant relies on;
(c) ask for a prompt acknowledgement of the letter, followed by a full written response within a reasonable stated period;
(For many claims, a normal reasonable period for a full response may be one month.)
(d) state whether court proceedings will be issued if the full response is not received within the stated period;
(e) identify and ask for copies of any essential documents, not in his possession, which the claimant wishes to see;
(f) state (if this is so) that the claimant wishes to enter into mediation or another alternative method of dispute resolution; and
(g) draw attention to the court's powers to impose sanctions for failure to comply with this practice direction and, if the recipient is likely to be unrepresented, enclose a copy of this practice direction.
I note that your letter failed to enclose copies of the essential documents upon which you will seek to rely, failed to ask for acknowledgement of the letter, failed to ask for a written response within a reasonable period of time, and did not draw attention to the courts powers
to force all parties to comply with the practice direction.
I intend to provide you with a full written response, but as yet I have not got adequate information to investigate your claim.
To enable me to investigate this claim I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.
If you fail to disclose this information, I may apply to the court under Part 18 and part 31 of the civil procedure rules.
I will be unable to respond to your claim without this information, and by failing to supply it before starting legal action you would breach the overriding objective of the Civil Procedure Rules.

Request for disclosure;
I request that you send me information vital to investigating your claims, including:
1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.
2. All records you hold on me relevant to this case, including but not limited to:
a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.
b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor.
c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual
intervention in relation to my account formerly held with ** CREDITOR **.
d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.
i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
3. Any other documents you will seek to rely upon in court.
4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.
5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

Please note, I will respond to your claim in full within 14 days of your providing this information. I must advise you that if the information is not forthcoming, or if you start proceedings without furnishing this information, it will be reported to the Court that you are denying me the opportunity to settle this matter amicably.

I would appreciate your due diligence in this matter.

I await your rapid response.
Yours Faithfully,

[BobbyH]

Re: Mel v Cabot

Mel

Just for your info really, I have a similar thing with Cabot (without the threats of courts etc). They do not even acknowledge my letters!

What I have managed to do is get Experian to place a NOC (for all the good that will do) on my credit report. I said to Experian that if they refuse they must send to ICO for a ruling!!

"SINCE MMM/YYYY I, MR BOBBYH HAVE BEEN IN COMMUNICATION WITH THE COMPANY REGARDING THIS ALLEGED DEBT WITH START DATE DD/MM/YY. THIS ACCOUNT AND DEBT IS WHOLLY DISPUTED TO DATE. THEY HAVE PROVIDED NO EVIDENCE OF THIS DEBT OR INDEED IT'S DEFAULT STATUS. I BELIEVE THAT THEY DO NOT HOLD ANY VALID CONSUMER CREDIT AGREEMENT OR ANY OTHER PAPERWORK RELATING TO THIS ACCOUNT. THE COMPANY HAVE BEEN GIVEN NOTICE TO CEASE PROCESSING THIS DATA AND TO REMOVE IT FROM MY FILES. I WOULD THEREFORE URGE YOU TO IGNORE THIS PIECE OF INFORMATION"

Like I said, it probably won't make any difference as anybody searching your files would probably ignore it.

BobbyH