Cabot

[iancognito]

Think if I were you I'd consider changing my surname to Cabot - or do they own all rights to the name too??

[LuggerBugs]

Mr Cabot. Hmm. It does have a certain ring to it.

But as I don't fancy getting thrown out of restaurants, I'll stick with the one I've got.

And being such a common name, I don't suppose it matters if I let slip that it's Smith.

OOPS. What HAVE I done??????????

[Paradox]

Now everyone knows who you are Lugger

Pmsl

[LuggerBugs]

I think it's pretty obvious since I post just about every letter that I get. Even the ones that are NOT templates. LOL

[LuggerBugs]

No contact as promised from them. But.

How silly am I? On 17th May, Cabot tried to help me with a major question, and I didn't even realise it at the time.

OK, it's back to the "rights but not the duties" nonsense again, I'm afraid. But bear with me.

Mr Patrick Hill, one time Customer Assurance Team Leader, but now moved departments, wrote with their usual guff telling me I'm talking bollix, so pay up. And he included a copy of Barclaycard's Terms and Conditions. Which I didn't even bother to read, as they bear no relationship to any T7C's that might have been in force at the time they claim I signed an agreement. But really, I SHOULD have read them, as I've just found this little snippet. . .


Quote:
Barclaycard Conditions.
10. General
10.4 We may transfer to any other person any or all of our rights AND duties under this agreement at any time (including, without limitation, our duty to lend to you). We may do this without telling you. Your rights under this agreement and your legal rights (including those under the Consumer Credit Act 1974) will not be affected.
Well, there we have it in black and white, in a document that Cabot offered in support of their claim that I owe them money.

I think it's time to write another letter to my pal Willem, since my buddy Pat now works in a different department. Maybe I'll give him a ring first to see what he says about this.

[LuggerBugs]

Re: Cabot

A new era is dawning. My leetle Belgian chocolate, Willem Wellinghoff, has written to saying that basically, we are right you are wrog, pay up in 14 days.

Or else, WHAT? Mr Wellinghoff? Who aparently is no longer my friend cos he doesn't want to correspond any more.

So much for holiday romance....

Anyway, They have received a stautory notice to quit processing my data, and have 21 days to comply, or write to tell me the reasons why. Unfortunately, as Willie Welly isn't speaking any more, I guess it will have to be someone else within the organisation that writes back. Whateer happens, I think it will need to be another complaint to the ICO. And I might as well kick off with all the other regulatory bodies too. :banana:

[LuggerBugs]

Re: Cabot

OK, I'd better resurrect this thread.

OK, I complained a while back about Cabot to the CSA, and particularly the fact that they didn't respond to my section 10 notice as above. Their answer to the CSA was, the threat-o-gram that I mention above, WAS in response to my section 10 notice. HAHAHA.

Silly little Belgian chocolate, you REALLY should check the dates and times of all correspondance BEFORE making a twot of yourself. Had you don so you would find that you emailed me that letter 1 full minute BEFORE I sent you the email containing the Section 10. So it can hardly have been is response, can it? Evn my horse understands that better than you do.

OK, so I complained to the ICO about this way back in December. I got impatient the other day, so gave the ICO a prod, and they responded by letter at last. Usual guff about no CCA doesn't mean there is no debt etc. But I've written back to explain why the data they hold is innacurate, so Cabout SHOULD stop processing it.

However, they will be asking Cabot why they ignored my S10, so my letter explained what I anticipate their response to be. I assume Cabot will then just apologise, and send me a response, repeating their mantra.

So hopefully not long now, and I can FINALLY get Cabot in court. I was beginning to think the default would have disappeared by the time we got there. All I gotta do is be a little more patient.

I bet Willy Welinghoff was hoping I'd disappeared and forgotten all about them. Not so. I wonder if he's been contacted by the ICO yet? :tinysmile_grin_t:

[Sapphire]

Re: Cabot

Pmsl, I didn't think you could last long without having another go at them :kiss:

[LuggerBugs]

Re: Cabot

Right, Cabot have FINALLY replied to my Section 10 notice under the DPA. Only 9 months late, and only because the ICO made them do it. I'll respond with my comments to the ICO today. But in the meantime, here's wot I wrote in my blog...

No, they haven’t agreed to stop processing my data. However, they do appear to have shot themselves in the foot.
They say they are entitled to continue processing and reporting my data. Here’s what they have written…

I refer your attention to paragraphs 1 to 4 of Schedule 2 of the DPA which states:


Conditions relevant for purposes of the First Principal: Processing of any Personal Data.

1. The data subject has given his consent to the processing:
2. The processing is necessary

a. For the performance of a contract to which the data subject is a party, or
b. For the taking of steps at the request of the data subject with a view to entering into a contract.

No point in mentioning the other 2 paragraphs. They are not relevant. But the Nice Mr Wellinghoff thinks the first 2 ARE. Silly boy. Here we go…

“You shall note that section 10(2)(a) of the DPA the words “any of the the conditions” and paragraph 1 and 2 of Schedule 2 of the DPA are entirely relevant to yourcase. As you signed a credit agreement which has been assigned to Cabot Financial (UK) Limited, of which the terms we are entitled to enforce, section 10(1) of the DPA does not apply to your circumstances.”

Well, actually, NO Mr Wellinghoff. You do NOT have my consent to process my data, as I have never signed a credit agreement. And as you have yet to prove the validity of your claim that the sum you state is owed at all, there is therefore no contract to which I am a party, so you do not need to process my data any longer. Not that you had a right to do so in the first place.
So what next? Well, I’d better write to the ICO with my reasoning and see if they agree. I don’t suppose the toothless wonder that is the ICO will have any effect, but I have to try. And then off to court to see what a judge says about it all. After all, Cabot’s unlawful reporting of my data to the credit reference agencies is currently VERY prejudicial to me, as I am having to borrow at vastly inflated rates of interest whilst this potentially libelous conduct continues.

[Curlyben]

Re: Cabot

Oh dear.
WHAT agreement was this again

[LuggerBugs]

Re: Cabot

Blue nosed dog, CB? Is he a Rangers supporter then?

[LuggerBugs]

Re: Cabot

Oh, I see you're reporting the Flash security issue. There is a download for macromedia/adobe products which address the issue.

Oh, dear. Off topic.

[LuggerBugs]

Re: Cabot

My goodness, but it's been a while since I posted.

Not a lot of note to mention. The ICO made Cabot respond to my section 10 notice. But all they did was try to justify why they would continue to proces my data.

So I've complained to the ICO again, this time to tell them to stop processing my data.

Emailed Willem Wellinghoff to let him know. He don't wub me no more, cos I've not had a reply.

I pointed out to the ICO their own guidlines on dealing with defaults. Pertinent bits highlighted...

[hellhasnofury]

Re: Cabot

My goodness, but it's been a while since I posted.

Not a lot of note to mention. The ICO made Cabot respond to my section 10 notice. But all they did was try to justify why they would continue to proces my data.

So I've complained to the ICO again, this time to tell them to stop processing my data.

Emailed Willem Wellinghoff to let him know. He don't wub me no more, cos I've not had a reply.

I pointed out to the ICO their own guidlines on dealing with defaults. Pertinent bits highlighted...

Hello LB,

Just subbing in on your thread, I now have become a member of the cabot fan club:tinysmile_aha_t: so need to be ready for them, when they start.

[carrie52]

Re: Cabot

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.

you are sooooooooo naughty !! but l like you xxx