Cabot Help, Wont Give up

[richie0522]

Letter to Cabot

[richie0522]

[richie0522]

[Captain Haddock]

'.....understanding of her financial situation....'. Who is 'her'??

[richie0522]

Indeed, a spelling error?

[Captain Haddock]

I would have fun playing them over that error.

[richie0522]

so anybody advice how to handle theses Muppet

[Amethyst]

A SAR to M&S is in order - M&S Bank, PO Box 10565, 51 Saffron Road, Wigston, LE18 9FT or M&S Bank, Kings Meadow, Chester CH99 9FB. https://legalbeagles.info/library/gu...ccess-request/


is there anything on your credit file at all for this ?

[Amethyst]

And for Cabot write and tell them it is well statute barred, isn't yours anyway and do a formal cca request. Will draft something xx

[Amethyst]

Might be more you want to add, but I think it's about time you had a bit of a rant at the buggers - obviously check you have sent the requests for docs I've said you have and everything is right, but I don't think sending bog standard template letters requesting docs is going to get rid of them, they need a bit of a slap to put up or shut up. So if you haven't sent a CCA request already - send one now, and amend that bit in the letter to say you have done so... and so on.....

Dear Alison

Re: Complaint - M&S Credit Card ending 2352 - 4405.75

Thank you for your response to my letter dated 21st May and for 'investigating' my dispute.

First of all, your company has provided absolutely no evidence that such a debt or agreement between myself and M&S exists and it is strongly denied that I have ever held any credit card, store card nor any other type of account with M&S. I have previously requested documentary evidence of such an account, including making a number of formal requests for the agreement pursuant to s.77/78 of the Consumer Credit Act 1974, and have received absolutely nothing in response. I would hope that your company realises that this does bar you from enforcement of such agreement.

You state that if I require any original documentation for the account to contact you. However you also refuse to provide any documentation following my previous request as apparently it is invalid under "pre-action protocol legislation". Please, if you have documentary evidence that this account exists, send it to me, under whatever legislation or protocol you chose. I do not mind, I have been informing you since you started contacting me that this is simply NOT my debt and requesting documents and you have still provided nothing at all.

In addition, in your response you state that Cabot Financial became legal owners of the account in August 2017. I did not receive any notice of such assignment and you have not provided a copy within your response. It seems bizarre to me that you allege to have purchased the account almost 10 years after it defaulted. It also seems bizarre to me that you state the account was opened in 2006 and defaulted due to non-payment in December 2008, and you go on to confirm that the account is not statute barred "as the last payment towards the account was on 06 May 2008". I'm not sure which Limitation Act you are reading, but under the Limitation Act 1980, s.5 an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued. and, as I currently live in Scotland, under the Prescription and Limitation (Scotland) Act 1973 "

(1)

If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of five years

(a)

without any relevant claim having been made in relation to the obligation, and

(b)

without the subsistence of the obligation having been relevantly acknowledged,

then as from the expiration of that period the obligation shall be extinguished:

"

No correspondence/payment/acknowledgement of this debt has been made for at least 9 years and accordingly unless you can provide evidence of payment or written contact from me in the relevant period under s.5 of the Limitation Act 1980 or s6 of the Prescription and Limitation (Scotland) Act 1973 , I suggest that you are no longer able to take any court action against me to recover any alleged amount claimed.

Furthermore, the FCA Consumer Credit Sourcebook (section 7.15) states that "Notwithstanding that a debt may be recoverable, a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." and that ''A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.''

I have previously stated to your firm, that this alleged debt is time barred, yet you continue to contact me. I have also, on numerous occasions requested evidence of this alleged debt and account, and still nothing has been provided and you continue to contact me. I have been disputing the existence of this account for the last 7 years with various collectors and debt purchasers yet still I receive telephone calls and letters asking for payment of over 4k which I DO NOT OWE. I am now considering whether a formal complaint to the Financial Conduct Authority, the Information Commissioner and the Financial Ombudsman is going to be the only way to bring this to an end as it has been an unnecessary burden on me having to constantly deal with these letters and a continual stress. I don't know whether your company feels continued pressure will somehow make me suddenly decide I should just pay someone elses debt just to bring it to an end, but I can tell you it will not, this is not my debt, I have never had an account with M&S and even if I had, which I had not, then it would be long since time barred against collection in any event.

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed and I shall not be hearing from you further.

I look forward to your early reply.

Yours faithfully

(Your signature)

(Your Name)

[Amethyst]

I have been battling Cabot now for 7 years regarding a Marks and Spencer Credit Card.

but then Cabot say they bought it in 2017 ?

( just to explain that bit in the letter draft as it will want sorting out to the right information - if you've actually been dealing with cabot for 7 years then her statement about the assignment being 2017 wants attacking too.)

[Amethyst]

Just reading back through your thread these previous letters you have sent them under the pre-action protocols were they get out of debt free Freeman on the land type letters asking for deed of novation and other such bollocks? If so that might explain why they've just blatantly ignored you.

[charitynjw]

Sigh... we should reply, again, and tell them to bugger off ... if you can post a copy of the letter ( redacted ) we can get a reply together - not your debt, ignored letters requesting info/docs, statute barred ( as they point out) and to stop bugging you as its bordering on harassment ....

did you ever have a M&S store card btw?

Harassment?

EDIT
Ah, yes....you've mentioned that!
(I do have an appt with Specsavers........... )

[jaguarsuk]

Re the harassment Porter v Price 2004 and Ferguson v British Gas 2009

[Amethyst]

Probably not enough harrassment to be quoting those as yet... there was a letter in May, replied to, and this is the reply to that... not entirely sure what's gone on over the past 10 years, Richie says he has been requesting information/documents for 7 years, we're not certain WHEN Cabot took over the debt, their letter says quite recently, and seems some of the letters Richie has sent asking for proof have been FMOTL... so lets check that first before getting heavy with the harassment stuff... else if it is needed to prevent harrassment later on it won't have the effect needed.