Gemini v Cabot

[LuggerBugs]

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.

Quite obviously.... your eyes are now a burning red colour. :tinysmile_aha_t:

[Gemini566]

Re: Gemini v Cabot

OK, "day-glo pink" (FUSCIA actually), gone,. Is this better? :tinysmile_twink_t2:

I received a telephone call from F.I.R.E. this morning and having identified myself to her satisfaction, was told that the call regarded an outstanding amount to Barclays Bank. This is good news in that it lets me know that this debt, for one, has been strenuously denied, by me for several years now. Also, it has niether increased nor decreased since 17th July 2007 (the date on the earliest paperwork I can find. However, it seems that this amount was one of the many debts that I had arranged to repay via one of those "repayment plans". The said plan had to be stopped because of my accident and subsequent massive drop in income. I should point out that I told Cabot of my problems and they said that their "Underwriting Team" felt that the medical evidence was not strong enough to have the debt written off. Indeed, they disbelieved me to such an extent that they "bought" the Monument a/c in April 2008----knowing I was not working, nor was I ever liable to again!!!

{ I am going to start another thread, as advised, regarding the Monument debt}.

So, I told the young lady from F.I.R.E. that I would appreciate all further dealings with them to be in writing, and would they therefore please stop the constant telephone calls. She told me that they were perfectly within their rights to call me as often and whenever they wished. I calmly reiterated both my requests and put the telephone down. I could still hear her squaking as I did so.

I now have cause for concern over this alleged debt because the paperwork I can find, says that the type of debt is a bank account (?). I have not, to my knowledge ever had a Barclays Bank a/c, and aside from that, I had always been of the belief that Cabot were chasing the outstanding balance on 2 Capital One credit cards (mentioned previously in this thread). Is Capital One Barclays? :suspicious:

----------------------------------------------------------------------------------
Two are always better than one,
but not as complicated as three can be.

[Curlyben]

Re: Gemini v Cabot

Yes that's waaaay better.

Hmm FIRE hey, well that's just another Cabot desk.

As and when they call back, tell them you are recording the call and repeat your request for everything in writing for the avoidance of doubt
They wont like this much, but tough, it's your RIGHT.

So until they can actually prove what they are chasing, in writing, you have nowt to say to them.

IF it is a bank account, all well and good as they are completely burgered until the test case finishes.

Cards, well B'card and Cap1 make good paper airplanes, but that's about it really

[Gemini566]

Re: Gemini v Cabot

Good morning, this all seems straightforward enough for me now. They called again yesterday evening, a different young lady, and I told her that I had already requested ALL further communication be in writing. She said she was sorry and that she did not know that, and hung up without further comment. I assume that all I can do now is wait for the postman whilst continuing to deal with any further telephone calls in the advised manner.

I spend a lot of time reading other posts and stickies, as well as guides on here, and I find the HUGE amount of abbreviations mindbendingly difficult to interpret. Obvious ones (to me anyway), such as.... DCA, OFT, CCA, etc., are OK, but what is an LBA, a POC and FOS, for example? Do you not consider that it might be a good idea to have a sticky, with a list of all the regularly used ones for ease of access and understanding? Just a suggestion.

[Curlyben]

Re: Gemini v Cabot

Morn'
Feels nice when they comply with your requests now doesn't it ?
Yep just wait for the Postie to bring you fair tidings of ensuing litigation or not as the case maybe
Most likely it will simply be some missive from the Threat-O-Matic 9000, not to worry they are all pretty much the same. Normal threaten everything under the sun including cancelling Christmas and demanding your first born..

I see you have a handle on the harder abbreviations.
The ones you are missing are:
LBA - Letter Before Action
POC - Particulars Of Claim
FOS - Financial Ombudsman Service

Any others you are unsure of ??

[Gemini566]

Re: Gemini v Cabot

Good morning,

As you are aware, I sent a request for information to Cabot under the CCA and got a reply within days with my PO enclosed. They said they would get the original documentation from the OC and send it on. Now, this relates to the Monument debt only, it would appear, rather than ALL debt with Cabot. I perhaps should have included both reference numbers with the CCA request?.

Anyway, this morning I received a letter from Moorcroft Debt recovery Limited ~ Pre-Court Division, relating to the other Cabot debt (this thread), which seems to be a Barclay's Bank Account I had and got into debt with. The outstanding amount (alleged), is £1036.58 and always has been.

Moorcroft tell me the letter is a notice of Intended Litigation . I have until 10.00 a.m. on 12/03/2009 to contact them.

Should I now send a CCA request to Cabot regarding this debt too? Basically, an exact copy of the other (Monument), with the same £1.00 PO but with the ref numbers changed? What do I do about Moorcroft? Inform them that the a/c is in dispute and that they should therefore back off?

Please enjoy your w/e and the wonderful (as yet), weather. :tinysmile_twink_t2:

[StoneLaughter]

Re: Gemini v Cabot

If they are referring specifically to a bank account, and you contend that you never had a bank account with Barclays, then write to them saying as much.

"Dear Sirs

I can confirm that I have never held a bank account at Barclays Bank and therefore your contention that I owe money against such an account is vigourously denied. I require you to produce documentary evidence that you believe corroborates your claims and if such is not forthcoming within 14 days I will assume the matter closed. Any further attempt to pursue this alleged debt will result in further action under the Protection from Harrassment Act 1997."

That should make them step back and think for at least a minute or so.
------------------------------- merged -------------------------------
p.s. don't EVER sign your letters to these people. Place your name at the bottom, but no signature.

[Curlyben]

Re: Gemini v Cabot

Don't panic about Moorcroft's threaten letters as they have TWO letter heads:
~Pre-Court
and
~Pre-Litigation
Both are totally meaningless.

TBH, as this is another DCA demanding payment for a debt with another DCA I would ignore them as they can do absolutely NOWT.

If you feel like it, you could send Stoney's letter to BOTH Moorcroft AND Cabot, unless you have already sent acbot a Prove It..

[Gemini566]

Re: Gemini v Cabot

Hi Guys,

I have done nothing at all regarding this account, since, as I have said, I have no recollection of ener having had a B's B a/c. I was awaiting your thoughts on the matter. I think Stoney's letter to BOTH is a good idea as I would really like to know what is going on with acbot- nice name that. lol

I will continue to keep you updated.

How long do I have to wait for the documentation to come from them regarding the Monument 3338,56 and climbimg?

[Curlyben]

Re: Gemini v Cabot

They have 12 working days to provide the required information.
Once this expires the debt is in default and further action is precluded.

[TUTTSI]

Re: Gemini v Cabot

Hi Guys,

I have done nothing at all regarding this account, since, as I have said, I have no recollection of ener having had a B's B a/c. I was awaiting your thoughts on the matter. I think Stoney's letter to BOTH is a good idea as I would really like to know what is going on with acbot- nice name that. lol

I will continue to keep you updated.

How long do I have to wait for the documentation to come from them regarding the Monument 3338,56 and climbimg?

Hi Gemini,

Barclays took over Woolwich B/S, and there may have been others too!

Stoney has given you some great advice and it will be interesting to see what documentation they will send you in relation to your CCA request!

All the best

xx

[Curlyben]

Re: Gemini v Cabot

Just to add to Stoney's excellent idea, you could adapt my Prove It I used with Thames.
CB Vs Thames Credit aka A Case Study - Legal Beagles #1

[Gemini566]

Re: Gemini v Cabot

Good morning CB,
Following your advice and having read the Thames thread, I note that the letter I refer to of 27th Oct last bears a striking resemblance to the one you quote, AND it includes a LIMITED OFFER of a 30% discount, OR the "attractive" 5 year plan. So I have come up with this:-




Ref: xxxxx
Date

Their address My address

I ACKNOWLEDGE NO DEBT TO YOUR COMPANY

Dear Half-wit,
I acknowledge receipt of your letter dated 27th October 2008, the contents of which are noted; a copy is attached for your ease of reference.

I further note that you continue to ignore all of my previous correspondence regarding this matter, whilst compounding your folly by continuing to insist on unlawfully arranging for third parties to harass me.

I would point out yet again ,that I have no knowledge of any such debt being owed to any company.

I am familiar with the Office of Fair Trading Debt Collection Guidance, which states that it is unfair to send demands for payment to an individual, when it is uncertain that they are the debtor in question.

I would also point out that the OFT also say, under the Guidance, that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question. Your assertion that you have purchased this debt does not constitute lawful evidence.

I await your written confirmation (as the only exception to the above request), that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions. I expect a response within FOURTEEN (14) days of the date of this letter.

I would appreciate your due diligence in this matter.

Kindest regards,

My name (NO signature, but a passable font from my WP software)

As to Moorcroft, who wrote the "~Pre-Litigation" threat to me on 5th of this month, I have written an "Account in Dispute" letter.

I assume both of these missives require recorded delivery? What day do I start counting down, assuming I post these this morning?

The continued support and interest from you all is greatly appreciated, no longer feeling alone and "picked-on" is a HUGE boost. Thank you. :yo:

[Curlyben]

Re: Gemini v Cabot

Nicely put

No need to send recorded unless you want to.
To be honest there's nowt to say to moorcroft as they cannot take any action anyway.
So I'd save a stamp..

[StoneLaughter]

Re: Gemini v Cabot

CPR holds that a letter, once posted, IS RECEIVED two days later. So - ask the post office for proof of posting - that's all you need along with a printed copy of what you say you sent.