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Gemini v Cabot

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  • Gemini v Cabot

    Good morning ,
    I have been sitting here since around 0100 reading through topics and threads and wondering why I have not discovered this site before now!! Lots of very useful information gathered so far.
    I have disputes with Cabot Finance and so far have merely written and told them to leave me alone as I am not going to pay, no matter what they do. I get letters from several debt collection agencies and I always reply to the first one, telling them that I wonder that they think they can succeed in getting money from me when so may others have failed. I inform them that no further correspondence will be entered into and that all letters from them will be returned, unopened. One particular company, F.I.R.E., persist, but since I do not open their letters, I have no idea what they are threatening now.
    Cabot telephone 3-4 times a day (not including automated calls), and as soon as they identify themselves, I hang up. I DID write and tell them that this is precisely what would happen, so I fail to understand how they can be so stupid as to think I will change my mind.
    However, having read a lot here, I now think it would perhaps be in my best interest to ask Cabot just exactly how much they say I owe because I know I had a credit card from Monument with a £2,000.00 limit which I seem to recall using two or three times and spending no more than a couple of £100.00. Cabot want some £3,000.00+ on that account, the last time I had a letter relating to it (that I opened). There are two Capital One accounts as well, which I have no clear idea regarding the amount/s, alleged, to be outstanding, but it is no more than £1,500.00 combined.
    H.F.C. passed a debt to 1st Credit Ltd and Mackenzie hall wrote to me on 26th September last year(2008) saying they would accept a reduced payment of £716.00 on a principal sum of £896.10. Imagine my surprise yesterday morning when I received a letter from ScotCall which says I owe £881.47 to "1st Credit FMLY HFC BANK PLC" (????), and that .."Failure to pay or contact us within 7 days on *telephone number* of the date of this letter will result in the a/c being passed to our Field Representatives to arrange a Doorstep Call"
    I find this quite appalling since I do not even know these people and I cannot possibly owe this money to HFC or anyone else for that matter. Today I intend to write to these people the one and only letter I will ever write to them, telling them in no uncertain terms that I will NOT be intimidated into paying them because of threats I consider to have no substance.
    I actually thought I had this nonsense all under control and that eventually they would all just leave me alone :tinysmile_hmm_t2:.
    I should add that I have been in receipt of Incapacity Benefit since February 2006, following an accident in December of 2005, and I have told all these people this when I have written to them, but they still want money from me. I can barely afford to live as it is. Indeed, were it not for the generosity of my family and friends, I would not be living in my own (Council), flat.
    Well, that is a brief resume of my current circumstances. Any advise or criticism (constructive or not), will be noted and where appropriate, persued diligently.
    Thank you for taking the time to read this, though it has probably sent most of you to .
    Two are always better than one,
    but not as complicated as three can be.

  • #2
    Re: Good morning!!

    Hi Gemini

    Firstly a warm welcome to Legal Beagles.

    There are a few here on this site that are really experienced with Cabot, and I am sure they will come along shortly shortly to help you. I myself have not had any dealings with them.

    You can send a SAR for all the details that they hold on you - this cost £10. You will find a templated letted in the library. This will include the orginal agreement, a full statement of account etc etc.

    Never admit that you owe this money! in writing or otherwise.

    Comment


    • #3
      Re: Good morning!!

      Hello Tuttsi,
      Thank you for the warm welcome and the nudge toward the letter template..on my way there now ..
      I am a little confused by all the initials and acronyms. Is there a list somewhere?
      Gemini566
      Two are always better than one,
      but not as complicated as three can be.

      Comment


      • #4
        Re: Good morning!!

        Originally posted by Gemini566 View Post
        Hello Tuttsi,
        Thank you for the warm welcome and the nudge toward the letter template..on my way there now ..
        I am a little confused by all the initials and acronyms. Is there a list somewhere?
        Gemini566
        SAR - Subject Access Report

        I am not sure if there is a list somewhere - but ask anytime you are unsure! I am waiting for someone more experienced with Cabots to come on and help you.

        xx

        ps I will also ask one of the site helpers to move your thread into the correct section and where you will be able to obtain more help.
        Last edited by TUTTSI; 22nd February 2009, 11:57:AM. Reason: added the ps

        Comment


        • #5
          Re: Gemini v Cabot

          Thread moved and title changed.

          Welcome To Beagles as Tuttsi has said, if you are unsure of anything just ask.

          PKea

          Comment


          • #6
            Re: Gemini v Cabot

            Bless you Tuttsi, and thank you again. I have just now started a letter based on the template you pointed me to regarding telephone harassment. Funnily enough, just 2 minutes ago we had an automated call from them. That amounts to some (downsiding), 3 a day for the last 4 months. Add to that the ones that are NOT automated and we have a sizable number of totally unnecessary telephone calls that are really nothing more than of nuisance value. As I have already said, whoever answers, my self or my wife, we just put the telephone down without speaking further, once the caller asks to speak to me. We know it is invariably Cabot, because they just cannot pronounce my name properly, but we always ask who is calling, just in case, and then we hang up. If it was not so depressing, it would be funny.
            If this is moved, will you tell me?
            Gemini566 ....hugs

            P.S. Sorry, just noticed "I" have in fact already been moved.
            Thank you PKea, for the welcome, and letting me know where I am.
            Gemini566.
            -----------------------------------------------------------------------------------------------
            Two are ALWAYS better than one,
            but not as complicated as three can be.
            Last edited by Gemini566; 22nd February 2009, 12:30:PM. Reason: added postscript.
            Two are always better than one,
            but not as complicated as three can be.

            Comment


            • #7
              Re: Gemini v Cabot

              Make sure you DO speak to Cabot the next time they phone. But ONLY to tell them that they must NOT phone again, and to put anything they have to say in writing. THEN put the phone down, never to speak to them again.

              Credit Where It's Due (so sue me for using your trademark Cabot), they are one of the few companies who DO usually stop calling when you tell them to.

              Now here's an idea... open the letters you've already had from them. Have a read, and put them in order. Get yourelf a folder, and file them away. From now on, you are going to need to be super organised (it was a novel concept for me, I must admit). You are going to have a lot of fun playing with these folks, so get comfortable, sit back, and enjoy the ride.

              Keep us all up to date, and we'll help you as and when needed.
              My Blog
              http://cabotfanclub.wordpress.com

              Comment


              • #8
                Re: Gemini v Cabot

                Good afternoon LuggerBugs, I do indeed have a fair number of letters from Cabot, so I will sort them into some semblence of order. Of course, I have sent a few back over recent months, as I promised them I would. Am I to sort all the other letters from Mackenzie hall, F.I.R.E. and ScottCall etc?
                I do not expect a call this evening or tonight, other than the usual Sunday automated ones and tomorrow I am out most of the day, so I imagine I will not talk to a real person before Tuesday at the earliest. Therefore expect a post from me early next week regarding the first letter of the "new period of correspondence" with them. Is that OK?
                Gemini566
                ----------------------------------------------------------------------------
                Two are ALWAYS better than one,
                but not as complicated as three can be
                Two are always better than one,
                but not as complicated as three can be.

                Comment


                • #9
                  Re: Gemini v Cabot

                  If you do not recognise the debts then it could be an idea to send the DCA's a CCA request first as this only costs £1.00 That way you will be able to see who the debt as originally to. Some of them may not be able to comply with this and that means that the debt is then unenforceable.

                  http://www.legalbeagles.info/forums/...ad.php?t=13980 - is the place where you can read all about CCA requests, Curleyben's guide is amazing and makes the process easy to understand. CurlyBen is the site's expert of this field - he's a genius!!!
                  Last edited by fuzzybrain; 22nd February 2009, 17:46:PM. Reason: To add link

                  Comment


                  • #10
                    Re: Gemini v Cabot

                    For F.I.R.E. just assume them to be Cabot. Once you have a better idea in your head what all the letters say, and are familiar with the timeline, you may well find that Cabot eventually got fed up and passed administration of the account to F.I.R.E. Except of course, FIRE ARE Cabot.

                    What IS encouraging is, Cabot don't usually involve their leg breaking side of the company unless they are aware that the account is uncollectable for some reason, and hope by using FIRE to distance themselves from any underhand tactics that might be used in an attempt at enforcability.

                    All the others, yes. Do the same for everyone. Their own little folder, and follow Curlyben's guide as suggested above re: CCA's. Might be an idea to start a different thread for each dispute so as not to confuse things and we can follow each one without getting mixed up.

                    In the case of a company who has bought your debt, there is little point in asking for your data via a SAR at this stage, as any info they hold will be minimal. They CERTAINLY won't have a copy of your agreement (so how do they know there ever WAS an agreement? I hear you ask) so CCA request is the way to go initially. Once you have a nice cosy little relationship going, then is the time to SAR them, by which time there may well be juicy little pieces of info that you can use to your advantage.

                    One small point about CCA timescales that I don't think CB has amended in his guide... the 30 day/1 month limit after the initial 12+2 has expired no longer applies. Apart from that, all you need to know is in there.

                    Remember. YOU are in control now. Looking forward to hearing it all unfold.

                    EDIT: Just had a thought... what are all the supposed debts for? Remember, a CCA is only applicable for accounts such as loans and credit cards. Overdrafts are not covered. I don't think your posts make it clear what the score is there, but if they do, excuse my ignorance.
                    My Blog
                    http://cabotfanclub.wordpress.com

                    Comment


                    • #11
                      Re: Gemini v Cabot

                      Good morning LB & fuzzybrain. Just touching base to let you know I have had only autocalls from Cabot this week (12 or so), but nothing from a real person. I think they are tired of being unable to get past my rather fierce sounding secretary (wife), who tends to leave little room for ambiguity!!
                      Having checked all the letters to do with debts that I can find, I can see that I have two outstanding with Cabot, one with HFC and one with Welcome Finance. I have an ongoing problem with my Council Tax, but I am handling that OK myself, as yet.
                      As I understand it, you would prefer me to deal with the Cabot debts in this thread, and start two new threads for the other two? If that is the case, do I just click on "New Topic" in the Forums reserved for HFC and Welcome? Assuming there are such Forums?
                      Anyway, on with Cabot. As I say, I have not actually spoken to anyone for some time now, and I am just waiting to do so, so I can tell them, as advised, to stop calling and restart written correspondence. The more recent letters relate to ..1)...a debt of some 1,035 GBP to Barclays Bank and it has remained the same since July 2007, and 2)...a debt to Monument which was 2,734 GBP in Nov 2006 and was 3,206GBP in Sept 2008!!
                      The last letter relating to debt 1).... was an offer to settle with a FULL 30% discount, with an alternative offer of "an attractive repayment plan" which would clear the debt in 5 years.
                      debt 2)......informed me that my a/c was now "...escalated to ourPre-Litigation Department" and included the 5 alternative options they could enforce.
                      Both of these debts are related to credit cards.
                      I will do nothing regarding the other two matters until I hear from you and ergo be clear as to how to do so. :tinysmile_grin_t:
                      Two are always better than one,
                      but not as complicated as three can be.

                      Comment


                      • #12
                        Re: Gemini v Cabot

                        Originally posted by Gemini566 View Post
                        Good morning LB & fuzzybrain. Just touching base to let you know I have had only autocalls from Cabot this week (12 or so), but nothing from a real person. I think they are tired of being unable to get past my rather fierce sounding secretary (wife), who tends to leave little room for ambiguity!!
                        Having checked all the letters to do with debts that I can find, I can see that I have two outstanding with Cabot, one with HFC and one with Welcome Finance. I have an ongoing problem with my Council Tax, but I am handling that OK myself, as yet. Please ask for help with this if the "as yet" becomes the slightest problem. Council Tax is at the top of the priority debt list, alongside Mortgage and Utility Bills.
                        As I understand it, you would prefer me to deal with the Cabot debts in this thread, and start two new threads for the other two? If that is the case, do I just click on "New Topic" in the Forums reserved for HFC and Welcome? Assuming there are such Forums? Yes you did just click 'New Topic', just put them in the debt forum, if they then need moving it can be done.
                        Anyway, on with Cabot. As I say, I have not actually spoken to anyone for some time now, and I am just waiting to do so, so I can tell them, as advised, to stop calling and restart written correspondence. The more recent letters relate to ..1)...a debt of some 1,035 GBP to Barclays Bank and it has remained the same since July 2007, and 2)...a debt to Monument which was 2,734 GBP in Nov 2006 and was 3,206GBP in Sept 2008!!
                        The last letter relating to debt 1).... was an offer to settle with a FULL 30% discount, with an alternative offer of "an attractive repayment plan" which would clear the debt in 5 years.

                        debt 2)......informed me that my a/c was now "...escalated to ourPre-Litigation Department" and included the 5 alternative options they could enforce.
                        Both of these debts are related to credit cards.
                        I will do nothing regarding the other two matters until I hear from you and ergo be clear as to how to do so. :tinysmile_grin_t:
                        I will leave the rest to Cabot experts.
                        Enaid x

                        Comment


                        • #13
                          Re: Gemini v Cabot

                          P.S. I have just realized that among all the debt paperwork I have somone from a company called CapQuest dated 01/05/2007 that says they have have purchased an account , "ref *****, together with others" from Capital One Bank Ltd. Now I know I had two credit cards from Capital one with different limits on them, but I had always thought that Cabot were dealing with them too. Apparantly not. I have letters relating to this begining with a couple from Bryan Carter Solicitors in sept 2005 and April 2006 prior to notification of "sale" to CapQuest. Since then I have several letters from Red, Hamptons Legal, Lowels Financial and now, ScotCall. The last letter was from ScotCall and dated 17/02/2009. Interestingly, it is word for word identical to one received in February 2008. It is a "Doorstep Collection" warning/notifiction.
                          Does this mean I should start a third thread?
                          Sorry about all this mess and mix-up, but I tink i am getting things organized....:cry:
                          Two are always better than one,
                          but not as complicated as three can be.

                          Comment


                          • #14
                            Re: Gemini v Cabot

                            When you have them on different threads it will not seem so messy.
                            When you have also got it written down and a couple of replies and advice, all will not seem half as bad, honestly.
                            As long as you keep things separate and us updated as best you can, you can start as many threads as is needed.
                            Enaid x

                            Comment


                            • #15
                              Re: Gemini v Cabot

                              Yeah go for some new threads, but please don't post in dayglo pink as it really messes with my eyes.

                              Comment

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