Gemini v Cabot

[Gemini566]

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.

Thank you for that Stone. Please excuse my ignorance, but what is CPR? I normally have fun trying to work out what certain initials stand for as well as acronyms. This one has me stumped, probably because it is obvious :tinysmile_hmm_t2:?

[StoneLaughter]

Re: Gemini v Cabot

Thank you for that Stone. Please excuse my ignorance, but what is CPR? I normally have fun trying to work out what certain initials stand for as well as acronyms. This one has me stumped, probably because it is obvious :tinysmile_hmm_t2:?

My apologies; one tends to assume that everyone has these down pat!

It's Civil Procedure Rules; the rules governing the conduct of civil Court proceedings.

[Gemini566]

Re: Gemini v Cabot

Thank you kindly
:tinysmile_grin_t:

[Gemini566]

Re: Gemini v Cabot

Good afternoon,
Does anyone know if these people (Cabot), have been known to send the requested documentation with insufficient postage paid? I ask, because I got a card this morning telling me there is a letter for me that needs another £1.24 paying in postage before they will deliver it. Obviously, I do not know, as yet, who the sender is.

------------------------------- merged -------------------------------
Good afternoon,
Does anyone know if these people (Cabot), have been known to send the requested documentation with insufficient postage paid? I ask, because I got a card this morning telling me there is a letter for me that needs another £1.24 paying in postage before they will deliver it. Obviously, I do not know, as yet, who the sender is.

[Curlyben]

Re: Gemini v Cabot

Not unheard of.
Might be worth finding out who the letter is from and simply refusing it if it is from them

[Gemini566]

Re: Gemini v Cabot

I received a huge envelope from Catbot (sic),this morning and the contents have thrown me completely. If I was confused before, then I am now just bewildered. You will recall my dealings with these clowns relate to two separate debts. One being a Barclay's Bank a/c I have never had, the other a Monument CC. I have written two separate letters to two different individuals; one being a CCA re Monument and the other a "prove it" re the Bank a/c. Last week I got the £1.00 PO back that I had sent with my CCA because, they said, they did not need it as they would contact the OC for the information I had requested and send it on to me. This morning I received documents relating to the Monument CC (see below), in my name.


{Also enclosed, are a pile of documents relating to another Monument CC under a name that is unfamiliar to me. I can clearly see the name and address of the person. The name is not even remotely similar to mine and the address is so far geographically removed from mine that to carry out the transactions listed, I would need to be able to teleport my self up and down the country at will. Obviously, this stuff is nothing whatever to do with me and has been sent by mistake. Advise as to how to proceed would be appreciated. I am sure that the person to whom this information relates would be pretty unhappy knowing I am in possession of it.}






The covering letter states the contents as:

• Credit Agreement
• Statement (s) of Account
• Terms and Conditions
• Notice of Assignment
• Introductory Letter

It goes on to state that they have supplied me with all the relevant information I requested, so they are now entitled to resume collections of the outstanding balance of £3356.04. Needless to say, I have no intention at all of paying them that much money- EVER!!



The 'credit agreement' is a Photostatted copy of a RAPID REPLY CARD (?). My DOB is illegible (it looks like the original document has been torn right through that particular entry).


What I assume to be the "Notice of Assignment" is in fact a "Representation of a letter dated 24/12/04"; [ the reason I know this to be true? It says so in pencil at the top of the page ..]. Anyway, it has a Barclaycard logo in the top right corner and tells me that my a/c with the outstanding balance of £2599.57 has been sold to Cabot.


The "Terms and Conditions" are in fact merely a copy of same on five pages of A4. There is nothing hand- written on them at all, either by myself or anyone else.


As for the "Introductory Letter", well, this is where I am bewildered. There is indeed an Introductory letter in the pack I have received, but it too has "representation of a letter blah, blah......" written in pencil along the top, but there is no name, address, salutation, a/c No or amount outstanding. All such information is represented thus, for example;


"Dear <<RA_SALUTATION>>,

The account you held with <<LED_CIRC_STRING_0008>>was purchased by the Cabot Financial Group and currently has an outstanding debt balance of £<<LED_CIRC_VALUE_0055>>. Please contact us without delay blah, blah, blah

I am not an expert, but I assume this to have been sent in error as it looks like a copy of a template that someone failed to complete correctly. The pencil note at the top says it is a representation of a letter dated 10/01/05.

I am not an accountant either, but the statements speak for themselves and there are 13 of them. However, there are two pages of figures that I cannot even begin to understand, so I fail to see the point of their inclusion. Perhaps they just want to overwhelm me with official looking bumph on the off chance I will fold under the weight. Whichever way one looks at this, it seems that Catbot have not even contacted Barclay, let alone requested information from them and then sent it to me, as they had said they would.

I think I should also point out that there is a paragraph in the covering letter which recommends I seek independant legal advice if I query anything they have sent.


In light of all of the above - which seems an awful lot, but I have tried to be thorough - what is my next move please?

:tinysmile_hmm_t2:

[hellhasnofury]

Re: Gemini v Cabot

I received a huge envelope from Catbot (sic),this morning and the contents have thrown me completely. If I was confused before, then I am now just bewildered. You will recall my dealings with these clowns relate to two separate debts. One being a Barclay's Bank a/c I have never had, the other a Monument CC. I have written two separate letters to two different individuals; one being a CCA re Monument and the other a "prove it" re the Bank a/c. Last week I got the £1.00 PO back that I had sent with my CCA because, they said, they did not need it as they would contact the OC for the information I had requested and send it on to me. This morning I received documents relating to the Monument CC (see below), in my name.


{Also enclosed, are a pile of documents relating to another Monument CC under a name that is unfamiliar to me. I can clearly see the name and address of the person. The name is not even remotely similar to mine and the address is so far geographically removed from mine that to carry out the transactions listed, I would need to be able to teleport my self up and down the country at will. Obviously, this stuff is nothing whatever to do with me and has been sent by mistake. Advise as to how to proceed would be appreciated. I am sure that the person to whom this information relates would be pretty unhappy knowing I am in possession of it.}






The covering letter states the contents as:

• Credit Agreement
• Statement (s) of Account
• Terms and Conditions
• Notice of Assignment
• Introductory Letter

It goes on to state that they have supplied me with all the relevant information I requested, so they are now entitled to resume collections of the outstanding balance of £3356.04. Needless to say, I have no intention at all of paying them that much money- EVER!!



The 'credit agreement' is a Photostatted copy of a RAPID REPLY CARD (?). My DOB is illegible (it looks like the original document has been torn right through that particular entry).


What I assume to be the "Notice of Assignment" is in fact a "Representation of a letter dated 24/12/04"; [ the reason I know this to be true? It says so in pencil at the top of the page ..]. Anyway, it has a Barclaycard logo in the top right corner and tells me that my a/c with the outstanding balance of £2599.57 has been sold to Cabot.


The "Terms and Conditions" are in fact merely a copy of same on five pages of A4. There is nothing hand- written on them at all, either by myself or anyone else.


As for the "Introductory Letter", well, this is where I am bewildered. There is indeed an Introductory letter in the pack I have received, but it too has "representation of a letter blah, blah......" written in pencil along the top, but there is no name, address, salutation, a/c No or amount outstanding. All such information is represented thus, for example;


"Dear <<RA_SALUTATION>>,

The account you held with <<LED_CIRC_STRING_0008>>was purchased by the Cabot Financial Group and currently has an outstanding debt balance of £<<LED_CIRC_VALUE_0055>>. Please contact us without delay blah, blah, blah

I am not an expert, but I assume this to have been sent in error as it looks like a copy of a template that someone failed to complete correctly. The pencil note at the top says it is a representation of a letter dated 10/01/05.

I am not an accountant either, but the statements speak for themselves and there are 13 of them. However, there are two pages of figures that I cannot even begin to understand, so I fail to see the point of their inclusion. Perhaps they just want to overwhelm me with official looking bumph on the off chance I will fold under the weight. Whichever way one looks at this, it seems that Catbot have not even contacted Barclay, let alone requested information from them and then sent it to me, as they had said they would.

I think I should also point out that there is a paragraph in the covering letter which recommends I seek independant legal advice if I query anything they have sent.


In light of all of the above - which seems an awful lot, but I have tried to be thorough - what is my next move please?

:tinysmile_hmm_t2:

Hello Gem,

I am sure that they are trying to baffle you with all of these documents

First things first,

I could not believe my eyes when I read this extreme blunder, which has fortuneately fallen in your lap:tinysmile_kiss_t4:

{Also enclosed, are a pile of documents relating to another Monument CC under a name that is unfamiliar to me. I can clearly see the name and address of the person. The name is not even remotely similar to mine and the address is so far geographically removed from mine that to carry out the transactions listed, I would need to be able to teleport my self up and down the country at will. Obviously, this stuff is nothing whatever to do with me and has been sent by mistake. Advise as to how to proceed would be appreciated. I am sure that the person to whom this information relates would be pretty unhappy knowing I am in possession of it.}:tinysmile_aha_t:

Report them immediately to the information Commissioners office regarding this serious breach of the data protection act and enclose a copy of this cc for their safe keeping.

Also write to cabot and tell them that you have reported this offence to the ico, and enlosed the copy to the ico. That will cause a bit of a stir for them and give them the idea that you are well aware of consumer legislation.

Basically get them into as much dodo as you can
------------------------------- merged -------------------------------
Secondly, look to your credit agreement they sent you. Do it contain all of the prescribed terms

[Curlyben]

Re: Gemini v Cabot

Can you scan what they think is the agreement and post it up.
I always feel safer when responding to actual paperwork, rather than a description.

And, as HELL says go for serious excrement due to the breach.
I'd report them to both ICO and TS

Give Consumer Direct a call and expalin what has happened and who to pass it on to..

[Gemini566]

Re: Gemini v Cabot

Good morning CB,

Is this what you wanted? It is the only document in the pack that could possibly be seen as an agreement. I have blocked out my name, address, telephone numbers & signature. If you do need to see these details and lack the software to enable you to do so, I can repost, or PM an amendment to you.

I will telephone Consumer Direct later this morning and update here, this afternoon.

[Curlyben]

Re: Gemini v Cabot

Hey Gem, nice scan, but could you post up the AGREEMENT please

[Gemini566]

Re: Gemini v Cabot

Report them immediately to the information Commissioners office regarding this serious breach of the data protection act and enclose a copy of this cc for their safe keeping.

Also write to cabot and tell them that you have reported this offence to the ico, and enlosed the copy to the ico. That will cause a bit of a stir for them and give them the idea that you are well aware of consumer legislation.

Basically get them into as much dodo as you can
------------------------------- merged -------------------------------
Secondly, look to your credit agreement they sent you. Do it contain all of the prescribed terms

Good morning Hell,

Thank you for the interest and advise. As you can see, NONE of the prescribed terms (as I understand them to be), are included in the Credit Agreement that Catbot have sent.

More importantly, and of more concern to me at this time, is the breach of the DPA. As I understand it, you think I should,

1), write to the ICO about it, enclosing a copy of the letter to Catbot

2), write to Catbot and enclose a copy of the letter I have sent to the ICO.

Is that right?

Regarding the actual data I now have in my possession, I will do as CB says and call Consumer Direct for advise. I will be back later this morning/early afternoon all being well. :tinysmile_aha_t:

[StoneLaughter]

Re: Gemini v Cabot

HAHAHAHAH!!!! HEEEEEHEHEHEHEHEHEHE!!!!

They're 'avin a girarff!!

[Gemini566]

Re: Gemini v Cabot

CB, that is the ONLY document in the pack of crap they have sent that a) resembles an agreement and b), has my signature on it. The rest is as I have already said,
copies of statements,
a couple of sheets of account info I do not understand,
a "Representation of a letter dated 24/12/04",
5 x A4 sheets with the Terms&Condition (no signatures included), copied on to them
and the covering letter. Oh!! and the other stuff that is definitely NOT mine.

[hellhasnofury]

Re: Gemini v Cabot

Report them immediately to the information Commissioners office regarding this serious breach of the data protection act and enclose a copy of this cc for their safe keeping.

Also write to cabot and tell them that you have reported this offence to the ico, and enlosed the copy to the ico. That will cause a bit of a stir for them and give them the idea that you are well aware of consumer legislation.

Basically get them into as much dodo as you can
------------------------------- merged -------------------------------
Secondly, look to your credit agreement they sent you. Do it contain all of the prescribed terms

Good morning Hell,

Thank you for the interest and advise. As you can see, NONE of the prescribed terms (as I understand them to be), are included in the Credit Agreement that Catbot have sent.

More importantly, and of more concern to me at this time, is the breach of the DPA. As I understand it, you think I should,

1), write to the ICO about it, enclosing a copy of the letter to Catbot

2), write to Catbot and enclose a copy of the letter I have sent to the ICO.

Is that right?

Regarding the actual data I now have in my possession, I will do as CB says and call Consumer Direct for advise. I will be back later this morning/early afternoon all being well. :tinysmile_aha_t:

Hello Gemini,

Absolutely yes and yes. Of course you will need to have a copy for your file te he

Nearly fell off the chair with the rapid response. Worse excuse for a ca I have ever seen

I so believe they are up the creek without a paddle

[Gemini566]

Re: Gemini v Cabot

Ok. As far as what to do with the documentation that is NOT mine, I have called CD and they said to contact the ICO. Having already Emailed them regarding that, I will await a reply. I am reluctant to call the ICO because the number is an 0845, and as we all know, the costs of calling these lines can get prohibitive (and should be outlawed in my opinion).

Meanwhile, I will get on with drafting letters of complaint to Catbot & the ICO as advised by Hell (after we have had a nice refreshing walk with our Samoyeds as it is a lovely Spring morning).

I think it wise to post the drafts here for affirmation prior to actually posting them. Yes?