Cabot (associates)

[archer_66]

ok long story ,try to keep it short.
quite a few years ago i had 2 cash advances off a credit card for £500 each. i had 4 jobs to keep all the bills in check, got pregnant and had to cut down to just the 2 jobs (have 1 now)
i was making payments on the account but got into trouble then i got Debtwise to arrange a payment with them and they paid my bills each month for me.
then i found these sites.... i asked them for a CCA which they didnt have .... then i heard nothing for aaaagggeesss. til this year , cabot were writing annoying me about payment for the account so i told them there was no CCA and the account is in dispute. they wrote weekly for around 4-5 weeks saying that they still hadnt found the CCA and they would let me know when they did, but they also sent me a small statement of my account they bought it around 2002 i think ... it has my amount down as more than it started at even though i was making payments,then no activity til they all of a sudden it showed they had doubled the amount owed ??? i have sent them a SAR but they wrote today saying they were processing this but i should write to Associates as they didnt think cabot would hold all the info provided??
is this right? surely if they purchased the debt they would then own all the paper work?? and i dont want to pay another £10 either....
by the way the amount outstanding now is over £3000 :faint:
this is despite the original amount being £1000 and the payments being made on the account which is why i thought that id send the SAR
i did say to them that if theres no CCA then i should be refunded the money id paid so far but they "declined " my offer.....
any thoughts?

[Curlyben]

Re: Cabot (associates)

Welll, interesting one here.
Have you made ANY payments to Cabot at all for this debt ?
I always like when DCA's attempt to add interest, charges, etc especially when there isn't an agreement to accompany the account.

Also when was the last payment on this account ?

[archer_66]

Re: Cabot (associates)

it looks like they bought it on 9th July 2002. the first payment was on the 28th august to cabot.when they bought the balance was £2669.83 even though id been making payments... then it shows my payments and interest was frozen by the looks of it. the payments stopped 26th feb 2007 prob when i sent the CCA request. then the next log on the account is 10 oct 2008 when each month they put on interest until 10th march 2009, when i questioned it again.but the interesting(?) thing was the first interest on the 2nd oct 2008 was for £1603.51!!!!!! it doubled my balance!!!!
usually when i have asked other companies for an SAR they have it , ive not had this before about not having all the info and having to contact the originator

[Curlyben]

Re: Cabot (associates)

Sounds about right for Cabot, I'm afraid.

Well remember:

No CCA = No Enforceable Debt.

They can add whatever charges they want as they wont be getting paid

[archer_66]

Re: Cabot (associates)

where do i stand on getting charges back off them?
i definitely wont be paying them any money but id like the debt off my credit reference if possible......

[archer_66]

Re: Cabot (associates)

curly ben if i can can i pick ur brain... its a CCA question but not directly to do with this account i had a letter today which said"we outlined how we would use this information in our data protection policy at the time you opened your account.this information is also contained in the back of our catalogues within the section entitled "the samll print" and is further outlined in the "security snd privacy" section of our website.
the policy specifies that we will share your information with the credit reference agencies regarding performance of your account.the historical record of the transactions on your account is accurate and it will remain on the files of the credit reference agencies for a period of upto 6 years.
i would respectfully point out that the sharing of such information is not dependant upon the existence of a signed credit agreement but is rather the accurate reflection of the performance of your account under which there is clear evidence of a credit based relationship between us and yourself."

is this right? surely if there is no signed CCA then there is no permission from me to share the information ... and if i didnt sign the agreement then how is there an agreement for me to pay the money back allowing them to show my account performance?
i want to point out im not deliberately shirking my bills but i have to find someway of getting rid of some before they bankrupt me. i did have 4 jobs like i said but without hese im finding things impossible.
any help would be appreciated

[Curlyben]

Re: Cabot (associates)

i would respectfully point out that the sharing of such information is not dependant upon the existence of a signed credit agreement

COBBLERS !!!

The CCA represents the contract with the company and as such if it is non-compliant or even non-existant then they cannot share your data.

[WendyB]

Re: Cabot (associates)

where do i stand on getting charges back off them?
i definitely wont be paying them any money but id like the debt off my credit reference if possible......

Hi Archer

As you haven't paid these charges they are hardly likely to give them back, are they? the best you could hope for would be for them to credit the account with the amount of charges applied, which would bring you back down to where you started. But as it's unenforceable and you won't be paying anyway, it doesn't really matter does it? But just cos it's unenforceable doesn't mean it will go away, either...just that they can't enforce the debt.

[archer_66]

Re: Cabot (associates)

ive paid quite a lot of charges on the account ,in fact prob all of the money ive paid went towards charges, they put at least £2500 in my estimation on top of the debt in charges i had been paying for the debt for a few yrs before i found out about the cca. the debt just never seemed to go down, but up instead.... i know the debt doesnt go away but its not enforceable until they find the CCA ....and it doesnt stand much of a chance after all this time theyve looked for it 2 or 3 times already...
thanks curly ben for that clarification , i have reported them to the information commisioner to see what he says now...
i shall write to them tomorrow

[WendyB]

Re: Cabot (associates)

Sorry Archer, what I meant was that if there is a balance on the account, any charges you get back will be refunded against that balance, therefore reducing it. Unless the amount of charges outweighs the balance, you would not actually get any money back in your pocket, so to speak.

[archer_66]

Re: Cabot (associates)

yes wendy thats what im hoping, even if i get no money back then id just be happy with the account being finished to be honest, one more debt gone would be great ive done it with a couple of others over the last couple of years , its meant finishing a bill and maybe having £50 over for me... which is all good in my opinion
how are you wendy anyway? hows your daughter?

[WendyB]

Re: Cabot (associates)

Fine thanks, and jess too. Showjumping going well- Had her prom last week, she looked gorgeous!

[archer_66]

Re: Cabot (associates)

aww bet your were teay eyed!! glad all is well

[archer_66]

Re: Cabot (associates)

just a quick note to say ive still heard nothing from them

[archer_66]

Re: Cabot (associates)

well i received an SAR off them but only from 2002 and not 1999. they have said i have to get in touch with citifinacial who should have it. i have wrote to both parties. and i have reported cabot to FOS ... cabot have also said the interest charge of just over £1600 was legal and they are allowed to do it. i have worte and said the usual account in dispute no CCA and i have also told tham i have reported them to FOS.
its taking ages this is i was hoping id have it done by oct. no such luck!!