Cabot Finanical - Citi Cards

[Timed~Out]

Re: Cabot Finanical - Citi Cards

Tya - I havnt heard anything from Cabot for over two weeks now since they said there was a delay in getting my "agreement" from Citi. Until they produce the correct and valid paperwork they aint getting a penny! No phonecalls so far and the threat of a doorstep caller stopped when I sent a letter from this site about requiring an appointment.

I have been trying to find out a bit more about adding interest to a disputed account but am getting conflicting info, CAB say account should be frozen some debt management companies say they can do what they like if they own the debt, but my problem is they havnt proved the debt legally exists....

[dogtired]

Re: Cabot Financial - Citi Cards

Not had any contact about this one but have with another.
this was one from Halifax suddenly sent to Cabot without notice, alas this was before I found out about what they get up to and have been paying them £5 a week.
Written to them again asking for statement etc first time around they told me to contact Halifax which I did and was told verbally that this is now no longer on the records that they have asked them to send me confirmation of this in writing but still waiting for Cabot so mad that I have payed them because now they say its an admission that it exists:tinysmile_hmm_t2:

[ODC]

Re: Cabot Financial - Citi Cards

so mad that I have payed them because now they say its an admission that it exists:tinysmile_hmm_t2:

They would say that. They are talking ********. So nothing new there. They must comply with your CCA request to prove the debt exists. If they dont then its up to you whether you pay them or not

[Tya]

Re: Cabot Financial - Citi Cards

They would say that. They are talking ********. So nothing new there. They must comply with your CCA request to prove the debt exists. If they dont then its up to you whether you pay them or not

Hi interesting read..

So, I have to start paying them from 1st Nov at £1 a month. Are you suggesting that I write to them again about the CCA that they never provided?

I hear that Cabot are so quick to take people to court...

What to ask my questions again about Cabot, as I felt I did not the answer I needed.

When I got my initial letter from Cabot I panicked, went online and offered £1 a month...

They only agreed to my payment, when I had asked fro my CCA ( recorded letter).

My question is, do they have a leg to stand on if they HAVEN'T supplied the CCA ( I want the debt to go back to CITI as they are adding interest) and should I now send a letter regarding this? Should I start paying Cabot the £1 a month? What are my chances of being taken to court?

Sorry for 20 questions, but there are so many mixed messages about the CC etc.... Also, the letter from Cabot stating that Citi sold the debt is fake!...

I hope hope someone can give me clear answers to my questions...

Thanks

[Tya]

Re: Cabot Finanical - Citi Cards

Just received another letter today from Cabot, this is following the stop interest letter and a copy of my I/E sent last week....

They didn't mention stopping the interest, but for some reason no extra interest has been added They also state that Citi is experiencing delay in retrieving the information from their archives in regards to my CCA request.

The thing that gets me now is that the account type has now been changes to PEOPLES PLATINUM MASTERCARD...

Has anyone heard of this?

Any help will be appreciated.

[Timed~Out]

Re: Cabot Finanical - Citi Cards

Feel free to correct me but did these accounts not start out as Peoples Bank? I cant remember the dates but I think they were taken over by Citi at some stage.

[dogtired]

Re: Cabot Finanical - Citi Cards

We just got the same letter, seems to be the standard reply to everyone.
This is also down as "Peoples Platinum Master Card" which we don't recognize at all .
They still suggest that we contact them re our "payment plan"
I also notice that the amount they say is due has risen are they really allowed to do this?

[Tya]

Re: Cabot Finanical - Citi Cards

Feel free to correct me but did these accounts not start out as Peoples Bank? I cant remember the dates but I think they were taken over by Citi at some stage.

Not that I'm aware of, when I initially got the card is was Citi, I've never heard of Peoples. But if that is the case, how can they change the name of something from the past if that name no longer exists?
------------------------------- merged -------------------------------

We just got the same letter, seems to be the standard reply to everyone.
This is also down as "Peoples Platinum Master Card" which we don't recognize at all .
They still suggest that we contact them re our "payment plan"
I also notice that the amount they say is due has risen are they really allowed to do this?

I think Cabot are really playing games with us all. You say your amount has risen, and mine has stayed the same this time... Is is because I sent an I/E form and asked for interest to be stopped as I was made redundant and now on JSA? Or, is it because they believe they will be able to get money out of me? All abit fishy I think....

Another thing, Cabot have made it quite clear that they are ALLOWED to make markings on my CF in regards to this debt. How can they do this for example put a default, when I already have a default with Citi. I'm aware you cannot have 2 defaults for the same account. Is this the reason they have renamed the account to the Peoples Platinun Mastercard? I hope someone can help with this and it doesn't seem right or fair....

[ODC]

Re: Cabot Finanical - Citi Cards

Peoples Bank of Conneticutt was bought by Sh!ttybank.

The chances of Crapbot producing anything resembling a valid CCA are nil.

As the 12 days are now up you could write to them informing thyem that they are in default of your CCA request and you will not be making any further payments until they produce a valid properly executed CCA.

I have a suitable letter for them

[Tya]

Re: Cabot Finanical - Citi Cards

Peoples Bank of Conneticutt was bought by Sh!ttybank.

The chances of Crapbot producing anything resembling a valid CCA are nil.

As the 12 days are now up you could write to them informing thyem that they are in default of your CCA request and you will not be making any further payments until they produce a valid properly executed CCA.

I have a suitable letter for them

Hi ODC,

Thanks for your response. Yes please may I have the letter...

Are you sure this will work? My payment plan is due to start on Mon and they have threatened to mark my CF. But will send the letter off today anyway... Also, when I first got the letter from them I went online and said I would pay £1 a month for which they have now accepted. Can I still send the second letter and do I have a leg to stand on?

[ODC]

Re: Cabot Finanical - Citi Cards

tRY THIS FOR SIZE



Dear Cretins,


Account no xxxxxxxxxxxxxx
ACCOUNT IN DISPUTE


Re: my request under the Consumer Credit Act 1974



Thank you for your letter dated **********, the contents of which are noted

You attention is drawn to the fact that this account is subject to a serious dispute. On xx/xx/2010 I requested DCA NAME supply me a copy of the credit agreement covering this account pursuant to the Consumer Credit Act 1974 section 77/78. To date DCA NAME have failed to comply with my request. Without production of the said agreement I am unable to assess if I am indeed liable for any alleged debt to you or DCA NAME, nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’ as required by the Consumer Credit Act 1974


Clearly as no agreement was supplied on request, this in no way complies with the requirements of the Consumer Credit Act 1974 and I now draw your attention to section 78 subsection 6 which states If the creditor under an agreement fails to comply with subsection (1) he is not entitled, while the default continues, to enforce the agreement;

Clearly this is a situation as described in s78(6) Consumer Credit Act 1974 and the debt is unenforceable at this time. In addition, I draw your attention to section 127 (3) Consumer Credit Act 1974 which states

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

This is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 the agreement cannot be enforced.

Therefore based upon the Consumer Credit Act 1974 this debt as it stands is unenforceable and should this proceed to litigation, a court is precluded from making an enforcement order under section 127(3) unless a true copy of the signed agreement is produced.

At the point where this account entered into the default situation as described in s78 (6) CCA 1974 no other charges are allowed to be added until such time as DCA NAME become compliant with my request.
In addition, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

2.6 Examples of unfair practices are as follows:

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

What I Require.

I require that you send me a true copy of the executed agreement as required by the Consumer Credit Act 1974. If you are unable to supply the requested documentation because no such agreement is in existence I require written clarification as such.

I require that you comply with my request within 7 days of the date of this letter. I will not correspond any further with you until I either receive a copy of the requested documents as laid down in section 78(1) CCA 74 or clarification that such agreement doesn’t exist.

Should you attempt litigation it will be vigorously defended and the failure to supply documentation under the CCA 1974 is a complete defence to any legal action and your actions will be vexatious and unlawful


I trust this out lines the situation

Regards

[Tya]

Re: Cabot Finanical - Citi Cards

Hi ODC,

Wow! I'm impressed! Thankyou so much for this, I will be sending this off asap..

Watch this space.

Thanks again. x

[ODC]

Re: Cabot Finanical - Citi Cards

Hi ODC,

Wow! I'm impressed! Thankyou so much for this, I will be sending this off asap..

Watch this space.

Thanks again. x

I cannot claim the credit for this. Its down to two of the senior members on here CB and PT both of whom are refugees from GAG

[Tya]

Re: Cabot Finanical - Citi Cards

I cannot claim the credit for this. Its down to two of the senior members on here CB and PT both of whom are refugees from GAG

Well, if it wasn't for you reading up on this information.... So credit to you, CB and PT.

Also, I just hope that what I'm going through now will help someone else.

Thanks a mill! x

[dogtired]

Re: Cabot Finanical - Citi Cards

Wow! thanks to all will do this asap