Sapphires friend v Cabot (Barclaycard)

This is 'my friends' journey along the road with the hated Cabot.



Have had credit card with Barclaycard, they have since been passed on to Cabot Financial for collection to I phoned Cabot and have confirmed that they do now 'own' the debt. So have sent a CCA 1974 request letter 1/11.

.

[Sapphire]

Sent CCA off on 1st Nov 06, and time was indeed up on 13th December 06 . Letter received just before new year regarding the Barclaycard a/c stating that interest, where applicable is continuing to accrue on the a/c until a repayment plan is agreed.

Should I write to them, stating that there time is indeed up, and that until they can supply the relevant paperwork, they have not got a leg to stand on, and at the same time report them to Trading Standards and Financial Ombudsman and Financial Services Association.
If so are there any template letters lurking about so that I can carry on 'looking official' instead of sending a basic letter written by myself.

[Sapphire]

Have just been researching my Cabot problem too... phoned Barclaycard today who told me it was absolutely nothing to do with them any more, so I should just deal direct with Cabot. As my CCA request stated that I dispute the amount due (I've yet to be told how much this is) I don't think they can add any penalties or interest. And as they can't produce your agreement either, you should just ignore them as per your letter, where I assume you said you would not enter into any further corresponance until they comply. B****r them, I say.
luggerbugs

[Sapphire]

Oh, how times have changed. Did I really advise ignoring them? I'm afraid I just couldn't do that myself - Cabot baiting is such great fun.

[Sapphire]

Received 29/03/2007


Are this lot thick or what ? This is the letter I have received today.

Dear Ms

Outstanding balance £.......

The above balance remains outstanding, despite our continuous attempts to obtain your commitment for repayment of this debt. It is now imperative that you contact Cabot Financial (Europe) Ltd as soon as you receive this letter to resolve this matter.
Failure to arrange a suitable repayment scheme will leave us with no alternative but to move your account to the next state of our collections process.
Please telephone Cabot Financial (Europe) Ltd on 0845 073 8991. To prevent further action taken.

Alex Duncan
Recoveries Manager

Ok peeps what next, any ideas on what letter I should send for this one.
I apologise for asking such questions but I am worried about this company and have little idea what the next moves are.
Please can you help as I would love to be able to advise someone else later on down the line and perhaps we can beat these buggers completely.

[Sapphire]

Sent this on 19/04/2007


I refer to my letter dated 1st November 2006 which was delivered via recorded delivery to your offices on 3rd November 2006.
In my letter I made a formal request for a copy of the signed, fully executed credit agreement for the above numbered Barclaycard account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement.
The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commits an offence. These time limits expired on 13th November 2006 and 13th December 2006 respectively.
As you are no doubt aware subsection (6) states:
If the credit under an agreement fails to comply with subsection (1) -
(a) He is not entitled, whilst the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.
Therefore as at 13th December 2006 this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.
Yours faithfully,

[Sapphire]

Received 27/04/2007

Received this letter today from CABOT

Apologise for the delay in supplying the application form for this account as the request was only applied to your other account that we hold.
We have today contacted Barclaycard to investigate your query, and hope to resolve this matter swiftly.
Although we anticipate a reply within the next 21 days, it can take up to 8 weeks if the information we require has been archived, and we therefore request your understanding in this matter.

Emma

Didn't I write to them beginning of November last year peeps? Am I stupid or something ?

Should I write back to them or just file it. If write back - any ideas as to the content will be gratefully received.

[iancognito]

Apologise for the delay in supplying the application form for this account

Is that an error or have they written application form?

[LuggerBugs]

HOHO. This is something I've seen before, and asked the same question, I'm sure. And wasn't my advice to hang onto it to take to court? Still is. LOL

They probably STILL don't think there's anything wrong in an application form calling itself an agreement. Except in every case I've seen so far, an application form just doesn't cut it as an agreement as defined by the CCA.

In fact, letters later on keep trying to bully you into accepting that it IS an agreement. You signed, got the card, spent the money, end of.

Oh, if only it were that simple, Mr Maynard, you'd have EVERYONE paying up. But it's NOT as simple as that. And some of us just flat out refuse to bend over and take it like you want us to.

[Sapphire]

Is that an error or have they written application form?

Just pulled out the letter and yes it does indeed say 'application form'. Just another example of there complete ineptitude.

sapphire

[veilside01702]

lol.....love it.....nothing better than a Debt collecton agency shooting themselves in the foot straight away....lol
Do any debt collection agencies actually know the legalities or legislation??
They all seem to think they can say and do anything and we will believe it......lol
Oh dear....since the bank charge claiming started....so many people are starting to learn what their rights are and how to fight back......look out cabot....were after you!
lol.......

[veilside01702]

Hey saphire.....I just had a great idea.......Why don't we all send a demand for payment to the CEO of cabots??
They don't seem to believe they need to prove a debt exists.....so we won't either.....lol
Imagine thousands of demands for repayment dropping on his door matt one morning....lol

[LuggerBugs]

Just email him....

kmaynard@cabotfinancial.com

and his right hand person is nguest@cabotfinancial.com

Glen Crawford is up there at the top too...

gcrawford@cabotfinancial.com

[Sapphire]

Thats is soooo very tempting hun xxxxxx Can you imagine Ken's face when he received shed loads of claims.

sapphire

[cinders]

i think he will have a rotty like pa that will intercept emails though unfortunately....

I heard once on a programme on tv that if you want to get to the head of an organisation its best to post a letter with perfume sprayed on the envelope and love hearts and stuff on the outside of it so that the receptionist or pa doesnt open it.....

x