Cabot

[cinders]

when do you get home luggerbugs hun? am desperate to see what their response was to the email!

xxx

[LuggerBugs]

All will be revealed in my usual kiss and tell fashion.

Not due home until the 25th now. Bloomin weather, horrible north sea slowing down the work, malarky.

[cinders]

Ooh, I don't envy you, I get sea sick looking at the bath tub....

xx

[Sapphire]

Hiya Luggerbugs hun, sorry you can't see all your posts, I've checked and nothing has been moved/removed/edited etc. Can't explain it hun.
Can't you get Mrs Luggerbugs to tell you whats in the letter, the 25th is a long time away hun and Ruthie and myself are on the edge of our seats waiting for the next instalment. Blimey this is better than Corrie

sapphire

Ooh, I don't envy you, I get sea sick looking at the bath tub....

xx

Oh Ruthie my mum got sick on the Woolwich Ferry pmsl

[Paradox]

Wow Luggerbugs, sounds like you're really going to town on this bunch of misfits.. Good on you, although I would like to make a request. Could you use smaller more simple words for me?

I look forward to your getting back on the 25th with baited breath.

Matt

[LuggerBugs]

Damn. I didn't stop to think that perhaps I should be using really easy words that CABOT can understand. Maybe that's why they seem so confused?????

[Paradox]

Damn. I didn't stop to think that perhaps I should be using really easy words that CABOT can understand. Maybe that's why they seem so confused?????

For the record, I don't work for cabot (I'm not that thick )



Matt

[LuggerBugs]

OK, I've a couple of things to get through, so I'd better get my typing fingers out. First one is, I have Cabot's Complaints Resolution pamphlet...

Putting the pieces together... resolving your complaint with us. (With a nice little piccie of bits of a jigsaw fitting nicely together. Sweeeet.)

about us

Cabot Financial (Europe) Limited is part of the Cabot Financial Group. e are the Group's servicing company and contracted agent.
We collect outstanding balances on accounts which the Cabot Financial Group has purchased.
Cabot Financial (Europe) Limited is a member of the Credit Services Association who operate a Code of Practice sanctioned by the Office of Fair Trading.
The Credit Services Association is the trade body that serves the debt collection and debt purchasing industry an complaints may also be referred to them.

our service promise

Cabot Financial (Europe) Limited has a reputation for providing excellent customer serice and it's a reputation we work hard to maintain. But we also recognise that sometimes things can go wrong. In the event we have made a mistake, or we could have done something better, we will do our best to put this right for you.
This leaflet sets out the steps we take to ensure your complaint is fully considered.

tell us if things go wrong

step one

If any issues arise in the course of your dealings with us, please talk to us and let us know what your concerns are. The chances are things can be resolved quickly by the Collections Team Leader, Collections Manager or another member of staff - so please speak to them early on so any issues can be settled as soon as posible.

step two

If no one can address your concerns at the first instance, the matter will be referred to the Complaints department. A comlaint in relation to a specific individual shall immediately be referred to the Complaints department.
If you referred your complaint to the Complaints department or we have referred your complaint on to them, you shall receive formal confirmation and acknowledgement of your complaint in writing within 3 business days of receipt of your complaint. We will then look into your complaint and write to you within 10 working days of receiving notice of your complaint. Our letter will set out our understanding of the issue and any proposals for resolving matters which we think are appropriate. If, for any reason, we are still investigating your complaint after 10 working days, we will write and let you know how things are progressing.

step three

If you are unhappy with our response, we shall pass full details of your complaint to an appropriate manager for final review, unless our "final response" has been issued.
In the event hat we are unable to settle your complaint after an appropriate manager has carried out a final review, we will send to you in writing our final response. We will send you our final response within 8 weeks of receipt of your complaint. Our final response shall provide details on referring your complaint to the Financial Ombudsman Service for an independant review. That service is a free, independant service for consumers with unresolved complaints about financial firms. The decision of the Financial Ombudsman Service will be binding upon us, unless the Court orders otherwise.

If your complaint has not been resolved by us after 8 weeks and you have not received our final response, you are entitled to take the matter to the Financial Ombudsman Service without waiting any longer. It is, however, very unusual for investigations to go on this long.

The Financial Ombudsman Service will only consider you (sic) once you have tried to resolve it with us and have followed the process set out in this leaflet.

Contat details for the Financial Ombudsman Service and the Credit Services Association can be found overleaf.

independant advice

You can contact the Financial Ombudsman Service by writing to them at:

Financial Ombudsman Service
South Quay Plaza, 183 Marsh Wall
London, E14 9SR

Telephone: 0845 080 1800

You will find more information on the Financial Ombudsman Service website:

Financial Ombudsman Service

You can also contact the Credit Services Association in relation to your complaint by writing to them at:

Credit Services Association
Wingrove House
2nd Floor, Ponteland Road
Newcastle Upon Tyne, NE5 3AJ

Telephone: 0191 286 5656

You will find more information on the Credit Services Association website:

welcome to the csa group

We may monitor or record cals with you in case we need to check we have carried out your instructions correctly and to help improve our quality of service.
Cabot Financial (Europe) Limited (Company no. 3439445) is registered in England with registered address: 10 Kings Hill Avenue, Kings Hill, West Malling, Kent, ME19 4LT

Data Protection Act

Under the Data Protection Act you have the right to obtain a copy of the personal information Cabot Financial (Europe) Limited holds on you. If you would like to request a copy of your file, please contact the Customer Relations Department in writing.
There is a charge of £10 for this service which should be payable tp Cabot Financial (Europe) Limited. Please make sure when requesting your information under the Data Protection Act that you make it clear in your letter that the fee for £10 is for a "subject access request".
Please note that only Cabot Financial (Europe) Limited processes customer data. Any payments made payable to any other company in the Cabot Financial Group shall either be returned or refunded if cashed.

[LuggerBugs]

Right, I've also got a letter from my pal Patrick, along with a cheque for £1 as a refund for my payment sent with my CCA request...

15th June 2007

Mr LuggerBugs
etc, etc

Thank you for your email dated 5th June 2007. Only took 10 days to answer this time then.

As previously stated Cabot does not agree with your interpretation and believes that your arguements are unfounded. However I will respond to the points raised in your email. Notwithstanding, I believe that Cabot has clarified the multiple points raised by you on previous occasions.

You have stated in your email that Cabot Financial (Europe) Limited has failed to provide you with a copy of the credit agreement. I would advise that Cabot Financial (Europe) Limited has previously supplied you with a copy of the credit agreement, which you areed and consented to with Barclaycard, which is sufficient. As previously stated it is clear that you have signed the application form supported by the statement "This is a Crdit Agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms." I would advise therefore this is a regulated credit agreement for the purposes of the Consumer Credit Act 1974. Furthermore, in consideration of your acceptance of the agreement, you received the availability of credit from Barclaycard by way of a credit card. In addition I would again reiterate that it is not Cabot's obligation undr section 78 of the Consumer Credit Act 1974 to supply you with a copy of your credit agreement as no company within the Cabot Financial Group, which includes Cabot Financial (UK) Limited and Cabot Finanial (Europe) Limited, is the creditor.

With regards the statutory fee you sent to us, please find enclosed a refund for that £1 fee as this was processed in error.

We have previously sent you the "hello" and "goodbye" letters, which you have received, and these are proof of legal assignment. The "hello" letter we issued on 15th February 2007 was a duplicate copy of the letter we sent you on 11th December, shortly after Cabot purchased your account. As for the copy of the "goodbye" letter we issued, that was not dated and purely sent to you for your records and to confirm the change of ownership of this account. The letter you refer to in your second paragraph, as being dated after the original date it was sent is in fact the "hello" letter and was not issued by Barclaycard.

You state in your email "is to be in no way construed as an attempt to dodge any aleged debt". In our letter dated 17th May 2007, we referred to your email of 16th February 2007 in which you indicated that you would be prepared to enter into an arrangement to settle the outstanding balance on your account. As previously stated, we have clearly stated our position to you on several occasions but as yet, you have still not offered any repayment proposals.

You have requested a copy of our complaints procedure, which I have enclosed for you. You have mentioned that you may consider lodging a complaint with the Financial Ombudsman Service ("FOS") about the account if you do not receive a satisfactory response within 8 weeks from the date of your email. I would respectfully advise you that the FOS is only able to take on investigations about our industry from 6th April 2007. Given that your concerns were raised prior to this date, in January 2007, you will have no recourse to the FOS.

Cabot has at all times acted appropriately and in accordance with all laws, regulations, codes of practice and guidance applicable to its industry. Regrettably if no arrangement to settle your outstanding balance is forthcoming, we shall have no other option but to return your account in our collections process. Therefore I would recommend you contact us on 0845 0700 116 in order to discuss the options available to you in settling the outstanding balance of £2,032.14 on your account. Interest has been accruing on your account, but has yet to be added to the outstanding total.

If you have any other queries in relation to the above account, please do not hesitate to contact me on 01732 775105. The Customer Assurance department is open from 9am to 5pm Monday to Friday.

Yours Sincerely

Patrick Hill

[LuggerBugs]

Just about to email this reply to Mr Hill...

Dear Mr Hill,

Thank you for your letter of 15th June 2007, the contents of which are noted.

However, I am having some difficulty in reaching the same conclusions as you, and can see no further point in continuing any sort of dialogue, as your beliefs are so obviously at odds with my own.

Therefore I wish to inform you that, as you have in no way proved to my satisfaction the there IS an outstanding balance due to Cabot Financial (UK) Limited, and that Cabot Financial (UK) Limited has any right to any outstanding balance in any event, and that the amount stated by you is correct, I shall NOT be entering into any proposals to repay the amount claimed. If you wish to reconsider your attempts to sidestep my questions and concerns, and provide the information requested, I shall of course be only too willing to discuss this matter further. Until then, I shall not be contacting you again.

I would also like to thank you for the leaflet containing the Complaints Procedure relating to Cabot Financial (Europe) Limited. However, if you had read my previous email properly, you would have seen that I clearly wished you to inform me of the procedure relating to Cabot Financial (UK) Limited. That being the company who’s Complaints Procedure I wish to invoke. As I have yet to make a complaint to them, your advice regarding the date from which the FOS will consider a complaint has no relevance, as that date passed some time ago.

I also take exception to the information in that leaflet, under the heading Independent Advice. Am I honestly expected to believe that the Credit Services Association is truly impartial, with your Chief Executive, Mr Maynard holding the position he does within the Association?

In this respect of the above, you may wish to consider the following:

My local Sheriff Court details are:

Peterhead Sheriff Court

Queen Street
Peterhead
AB42 1TP
DX: 521376
Telephone: 01779-476676
Fax: 01779-472435

Yours Sincerely,
LuggerBugs

[Sapphire]

Oh hun you go get em Wonder what his next move is going to be now, if they have any sense at all they will give up completely.

sapphire

[LuggerBugs]

Well, I've upset them good and proper. I registered a domain name a while ago, Cabot Fan Club - "Friends" of the Cabot Financial Group And it looks like they have taken exception to it, and are threatening to slap an injunction on me, and take me through the High Court.

This is who they have got in to fight their battles for them.

Domain Name Recovery - Addleshaw Goddard

Is it only me that thinks they have overreacted somewhat? And of course, this would have NOTHING at all to do with the fact that they are trying (unsuccessfully) to collect on an alleged debt, would it?

[Sapphire]

Oh dear, does look like they've thrown their toys out of the pram doesn't it. Well you seem to have well and truly wound them up hun.
I take it you are prepared for a long, hard fight ?


sapphire

[LuggerBugs]

I must have taken leave of my senses yesterday. I phoned Barclaycard to ask why I haven't had a reply to my SAR. The guy I talked to must be on work experience or something, as he told me I have no right to SAR them, as the account as been sold on. Oh, well. I'm sure somebody will explain the reality to him when they get my letter of complaint.

But anyway... I happened to ask why I didn't get a letter to say the account was assigned to a third party. And he told me they don't have to send one. (hmmm, do they not?) So I says, you are telling me that Barclaycard did not send me a "goodbye" letter. No, it's not our policy anyway, and we didn't. So I says, then where did the letter on Barclaycard headed paper come from? It wasn't us says he.

So I phoned Cabot (the very nice Patrick Hill) and had a chat about where do we take things from here? So he's passing it back to the nice Willem Wellinghoff, and will try to get me statements, as I hinted that I might consider paying the difference between the amount the default was for, less unfair charges and penalties. Oh, I just happened to mention that, as there is no CCA, then Barclaycard had no right to charge me interest, so I'd like that back too.

Then I asked about "the letter". Did the naughty people at Cabot write me a letter and pretend it came from Barclaycard? He says, haven't we covered this already? No, says I. You've merely skirted around the question. So he's going to find out and let me know. He says. I think I'll be waiting a long time.

[LuggerBugs]

Oh, and Barclaycard told me they sold the rights AND the duties of the account to Cabot. Under the CCA, NOT the LoP. Well, actually he said, what's the LOP?