mgcdeanuk v Cabot

[mgcdeanuk]

Hope someone can help with this, my partner (I know) contacted Cabot by telephone, to advise that the first payment of a debt with Lloyds for £5.00 per month was missed due to an oversight on her behalf and got the dates incorrect. My wife is disabled and I help out with any debts she may have incurred as I am fairly adequate with our rights where debts and consumer rights stand.

However the lad she was chatting with wanted all our income details such as benefits and so forth. I interrupted the phone call and wanted to know why he wanted these details. As I would not give him my date of birth I do not feel that that is relevant as it is not my debt, he got my name from my partner so I confirmed that with him. He said because I would not confirm my DOB then he could no longer continue with the conversation and wanted to go back to my partner. I advised him that all future correspondence will now be in writing only, however he kept repeating like a robot that he needed to speak with my partner, so I kept repeating in writing only. In the end I just put the phone down on him.

What I need to know is;

1. Can they ask for income details? (As far as I was aware only a court can do this)
2. Why should he want my DOB when I am not on there records.?

I would be grateful if anyone can advise, and to what kind of letter I could send to them to advise them of this .

Thank you :tinysmile_hmm_t2:

[mr.ton]

Re: mgcdeanuk v Cabot

Tell them sweet fa about financial details/benefits - they have no legal right to know this information - only a court does.
Stay off the phone to them and refuse to answer security questions if they phone.
It makes no difference if they know D.O.B one way or the other really - but i personally wouldnt tell them this either....just to be awkward lol

[mgcdeanuk]

Re: mgcdeanuk v Cabot

Thanks mr.ton


:behindsofa:

[mr.ton]

Re: mgcdeanuk v Cabot

They breed on intimidation & fear and will persist if they sense you are vulnerable in any way - once you put them in their place and tell them to f off a few times, they'll soon vanish..

[Kafka]

Re: mgcdeanuk v Cabot

You have a gift with words Mr Ton. :bedjump:

[lifeisagift017]

Re: mgcdeanuk v Cabot

I know someone who works for Cabot his helped me out no end with things if you have any questions let me know!
With your predeciment the reason they ask for DOB is for Data protections laws sthey have too and for income and expenditure they have to justify to an underwriting department why the payments are at that level or it wont be accepted so im told....they also thrive off people not talking on the phone as its easier for them to not slip up i owed 1000 and cleared it for 200 quid because obviously they buy debt for 1 penny in the pound so they're always making money!!!

[Garlok]

Re: mgcdeanuk v Cabot

That may have an element of truth BUT only a court of law can order someone to divulge details of their personal finances and I would NEVER EVER give these voluntarily to any parasite like a DCA. "If you have case then go to court to prove it, if you don't then go away", is both mine and my solicitors' answers to all of them and the OC.

Never ever discuss anything verbally only in writing and not by e-mail plus never reveal any weakness/health problem whatsoever as Mr Ton says they WILL exploit this in any and every way they can.

Until a DCA has absolute assignment (and now equitable assignment under EU Law from 1st Feb which has been procedurally notified in the prescribed manner) they have no standing whatsoever in law. Just that NONE!!!

regards
Garlok

[lifeisagift017]

Re: mgcdeanuk v Cabot

Very true they cant demand information but they can ask for it and when i phoned in to my friend he told me why they do it. If your income and outgoings works out your in negative at the end of the month then you get better discount if your clearing......
Also with medical illness they can even write accounts off!
I understand what your saying about DCA's and its true but when you know ways around it and the right people you can get a good deal!

[Garlok]

Re: mgcdeanuk v Cabot

Yes properly done if you read my thread on F & F s and the pitfalls of dealing in the way you suggest then you can get down to 10% with the OC without the involvlement of any DCA. Exactly as we did.

If you ignore the case law prevailing you will be pursued at some later date, as many have found out, and as this falls outside Statute law and into the Common Law of Contract, litigation later is a very expensive business indeed.

regards
Garlok

[lifeisagift017]

Re: mgcdeanuk v Cabot

Definetly, however litigation is not what they want payment plans where it stretches over a longer period of time is what they want because it is for the full balance and keeps the business rolling.
In the situation of this thread i believe that the best way to move forward would be to contact them and give the info requested but use a bit of creative writing and make it so the income and expenditure works out so there is nothing left. Then adv the payment missed was a mistake and offer to make up the arrears. If then they comment on escalation advise that you are making a justified offer to clear the balance and that if not accepted will be making a complaint as there are no grounds for it to be rejected. If the account has already been escalated my friend works in the pre litigation department and could propably help if you need his details let me know!

[Angry Cat]

Re: mgcdeanuk v Cabot

Hope someone can help with this, my partner (I know) contacted Cabot by telephone, to advise that the first payment of a debt with Lloyds for £5.00 per month was missed due to an oversight on her behalf and got the dates incorrect. My wife is disabled and I help out with any debts she may have incurred as I am fairly adequate with our rights where debts and consumer rights stand.

However the lad she was chatting with wanted all our income details such as benefits and so forth. I interrupted the phone call and wanted to know why he wanted these details. As I would not give him my date of birth I do not feel that that is relevant as it is not my debt, he got my name from my partner so I confirmed that with him. He said because I would not confirm my DOB then he could no longer continue with the conversation and wanted to go back to my partner. I advised him that all future correspondence will now be in writing only, however he kept repeating like a robot that he needed to speak with my partner, so I kept repeating in writing only. In the end I just put the phone down on him.

What I need to know is;

1. Can they ask for income details? (As far as I was aware only a court can do this)
2. Why should he want my DOB when I am not on there records.?

I would be grateful if anyone can advise, and to what kind of letter I could send to them to advise them of this .

Thank you :tinysmile_hmm_t2:

In short, you need to obtain from your partner an 'authoristion to communicate';
a short letter stating that you are acting as a third party for the individual concerned (your partner);
your partner must sign the letter, agreeing to same e.g:

AUTHORISATION TO COMMUNICATE

XX X XXXXXXXXXXXX has been appointed to act on my behalf in respect of all formal actions as set out in the attached letter and further correspondence.

XX X XXXXXXXXXXXX may make a Data Protection Act 1998, subject access request on my behalf or take any as action necessary.

XX X XXXXXXX may make a request under Section 78 of the Consumer Credit Act 1974

Please forward all details to XX XXXXXX at any request.

XX X XXXXXXXXXX, have my express authority to deal with XX X XXXXXXXX, as if dealing with me in person.

All correspondence in respect of this matter should be sent directly to XX X XXXXXXXX at the address provided in their correspondence.

Signed............................................ ......................

(Print Name)

Dated: XX XXXXX XXXX

The DCA concerned, should mark your partners file as, as sensitiive case RE: MALG Good Practice Guidelines:
http://www.moneyadvicetrust.org/download.asp

Hopefully, the above will provide a solution to the problems your are experiencing about communicating with this firm.

Good Luck!