Cabot

[LuggerBugs]

Re: Cabot

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.

Go read me blog as well. There's some interesting new stuff in there, a little off topic in some cases, but relevant nevertheless. Have you seen the sort of property that "rogue debtors'" money can buy, for instance????

[hellhasnofury]

Re: Cabot

Go read me blog as well. There's some interesting new stuff in there, a little off topic in some cases, but relevant nevertheless. Have you seen the sort of property that "rogue debtors'" money can buy, for instance????

Hello LB,

Thanks, Can I ask where I will find you blog:tinysmile_kiss_t4:

[LuggerBugs]

Re: Cabot

HEHE. The clue is in my signature...

http://www.coveritup.co.uk

[hellhasnofury]

Re: Cabot

HEHE. The clue is in my signature...

http://www.coveritup.co.uk

Thanks LB, been one and registered

I believe yer fae Peterheed, fae Aberdeen myself

[scottishlass]

Re: Cabot

Just thought I would pop in and say good to see you back Lugger

SL xxx

[Redletter]

Re: Cabot

subbing

[Redletter]

Cabot new tactics RE:Cabot

Yes indeedy, there is now. (What happened to my thread by the way? Bits seemed to be missing)

Well, I have had a letter back from them. Don't know exactly what it says yet, as I'm still at sea. BUT. They have sent me a cheque for £1, in response to me querying their right to it, since they don't accept they have any duties under the CCA 1974.

So obviously I won't be cashing it, as I would imagine that should I do so, I would be accepting their nonsense about having the rights but not the duties under the CCA. Not sending it back either for it to disappear in mysterious circumstances.

My advice to anyone who has CCA'd Cabot is, write to them. Tell them that if the duties of the original creditor truly do not apply to them, then you would like the £1 statutory fee back that they cashed under false pretenses. After all, if as they say, the duties do NOT apply to them, they should never have accepted or cashed your payment in the first place. So false representation is till a valid accusation, IMHO.

I still advise new Cabot victims to CCA them, and include the statutory fee. And it will be interesting to see if they have learned any lessons now, and if they will return the payment uncashed. I suspect not, though. They seem to think they can con you into accepting their ****e about the payment being in part payment towards an alleged debt. And I think that will be their standard tactic for a while.

If nothing else, this will cause them more trouble than it's worth. I'd imagine it costs them more that a quid to process and return that £1. And if it ruins someones day down at Cabot Towers, then it's another small victory in the ongoing war to try to get them to act in a lawful, instead of just plain awful, way.

Please will you have a look at this thread and advise me of what your views are as it appears Cabot have indeed changed their tactics and have sent back the £1 fee. They are also being unusually 'helpful'!

Thanks Luggerbugs,
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http://www.legalbeagles.info/forums/...ad.php?t=16894

This thread sorry

[Redletter]

Re: Cabot

Just got this;

Your Cabot Ref No. XXXXXXX

Your original lender: Vanquis

You currently owe: XXXXXX


Dear Redletter,

An update regarding your request under the Consumer Credit Act

We refer to our recent letter informing you that the original lender is experiencing a delay in obtaining information from their archives.

Please be assured we are continuing to request the information as a matter of urgency from the original lender and we hope to send the information to you shortly.

The status of your account

Cabot will continue to suspend all collection activity until the relevant information is supplied to you.

We again apologise for any inconvenience you may have experienced as a result of the delay in retrieving this information for you.

Contacting Cabot

If you have any queries about your account please call one of our customer advisors on 01732 524615 (Minicom: 01732 524630).

In the meantime we thank you for your co-operation.

Yours sincerely

(Squiggled signature)

Customer Assurance Team

[Sapphire]

Re: Cabot

Well another letter for the file then, its the waiting game now.

[LuggerBugs]

Re: Cabot

OOPS. It looks like, since I've not been on here for yonks, I missed a call for help. Soz, RL.

Anyhoo, reason I'm updating is this; Cabot in their infinite wisdom, have decided to start sending me regular statements and Notices of Arrears. Well, two so far. But I do expect more. Which gives me a nice little opening to make a complaint to the FOS. Why, I hear you ask.

I'll tell you. Silly buggers have added interest. At 12% PA. No idea how they arrived at that figure, but I think I'll just offer them a chance to show me where they got that figure from. And since there was no agreement... well, I'll let you make your own minds up.

Here's my response...

Dear Mr Duncan

ACCOUNT NUMBER: XXXXXXXX

I am writing with reference to your letters dated 22 and 30 July 2009.

Please let me deal with the content chronologically:

Statement of your Account
This is your statement for your agreement with us for the period covering 28/06/2009 until 27/07/2009. Please note that it is important that you make the minimum monthly repayments to avoid your account entering into arrears.

The above makes no sense whatsoever; I do NOT have an agreement with Cabot Financial (Europe) Limited. I shall therefore continue with the same arrangement that has been in place for a number of years now. Under no circumstances will I be sending you the Minimum Payment Required of £2661.48, as indicated in your covering Notice of Arrears.

You have failed to make a minimum payment
Failing to make your minimum payment can mean that you have broken the terms of this credit agreement and could result in us taking legal action against you. It could lead to your having to pay additional costs and make it more difficult for you to obtain credit in future.

Actually, I have failed to make any payment whatsoever to Cabot. Ever. Cabot has as yet failed to provide evidence to show that I owe them anything at all. Again, you are under the misapprehension that an agreement exists between Cabot and me. Whatever agreement that MAY have existed between me and the Original Creditor has, I am afraid, been repaid a long time ago as far as I am concerned.

As I have intimated many times in the past, please do take legal action so that we may end this ridiculous pantomime once and for all.

Accrued Interest
Where we have accepted a lesser amount than your normal contractual repayments, it is important that you continue to make these repayments. Our acceptance of a lesser repayment amount should not be construed as a variation or novation of your agreement. We have merely relaxed the terms to suit your needs but at all times reserve the right to strictly enforce the terms if you do not keep up with your repayments. We will continue to cease applying interest so long you continue to make the agreed repayments. However, if for any reason, you breach the agreed repayment plan, we shall reserve the right to apply all accrued interest to your account in one lump sum.

Please demonstrate exactly where you have derived the interest rate of 12% that you have applied. Documentary evidence will be perfectly acceptable. I must however remind you that, even should there have ever been an agreement between me and the Original Creditor, an agreement which only seems to exist in the fevered imaginations of certain Cabot employees, Cabot have no right to charge interest other than in that original agreement. And since Cabot have yet to produce an agreement, then quite clearly any interest rate that Cabot have applied, in this case a rate of 12% per annum, must be erroneous.

I am therefore making this an official complaint. It is my opinion that Cabot Financial (Europe) Limited are attempting to coerce me into making interest payments to which they are not entitled. The issue of whether or not Cabot has any right to any payments whatsoever from me is an entirely different matter, one which I have complained about in the past without reaching a resolution.

I now require Cabot Financial (Europe) Limited to demonstrate to me exactly WHY they think that they are entitled to charge 12% interest per annum, and HOW the figure of 12% was arrived at.

You have seven days to give me your first response. Failure to provide me with an adequate explanation shall mean that I will have no option other than to escalate this complaint to the Financial Ombudsman as a dispute entirely separate from my original, and many, other complaints.

[Sapphire]

Re: Cabot

Ooooo can't wait for their reply eh !

[LuggerBugs]

Re: Cabot

Bugger it. I'm too impatient for my own good. I think I need to take them up on their kind offer to phone and discuss my account.

Oh, looky!!! O2 have sorted their problem out, and I now have a signal in my house again. So I can phone using my mobile. And record the conversation.

What time do you reckon they knock off for the night?

[Sapphire]

Re: Cabot

Probably 8 ish, got get em !

[Guest]

Re: Cabot

I would think that Cabot are attempting to extort money, not coerce and that would be a different matter altogether.

This would be covered by the Fraud Act 2006, s.2: Fraud by false representation.

The elements of the offence are that the Defendant (perhaps in this case Cabot) makes a false representation, dishonestly, knowing that the representation was or might be untrue or misleading, with intent to make a gain for himself or another, to cause loss to another or to expose another to risk of loss.

The offence is entirely offender focused. It is complete as soon as the Defendant makes a false representation, provided that it is made with the necessary dishonest intent. It differs from the deception offences in that it is immaterial whether or not any one is cognisant of the representation, deceived or any property actually gained or lost.

[LuggerBugs]

Re: Cabot

Aww, bum "Unfortunately the office is now closed" message. Oh, well. Time for some japery tomorrow, methinks.
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I would think that Cabot are attempting to extort money, not coerce and that would be a different matter altogether.

This would be covered by the Fraud Act 2006, s.2: Fraud by false representation.

The elements of the offence are that the Defendant (perhaps in this case Cabot) makes a false representation, dishonestly, knowing that the representation was or might be untrue or misleading, with intent to make a gain for himself or another, to cause loss to another or to expose another to risk of loss.

The offence is entirely offender focused. It is complete as soon as the Defendant makes a false representation, provided that it is made with the necessary dishonest intent. It differs from the deception offences in that it is immaterial whether or not any one is cognisant of the representation, deceived or any property actually gained or lost.

And YOU are a sh!t stirring bugger. I love it. I'll go amend my letter now.