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  • #76
    Re: Cabot/FIRE/MSDW

    Originally posted by cymruambyth View Post
    My complaint has been more about failing their legal duty:

    Cabot Financial Ltd have failed in their legal obligations.
    On xx I made a request under s 77/78 Consumer credit Act 1974 for a copy of the Consumer Credit Agreement for a Morgan Stanley credit card account for which Cabot Financial were trying to claim money. After several months I was supplied with an illegible application form (a copy is enclosed). The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557) (“copy documents regulations”) require that any copy of an agreement required to be provided under the provisions of the Consumer Credit Act 1974 (CCA) must be easily legible (regulation 2 (1) of the copy documents regulations). I have made several further requests for a legible copy of this agreement, which Cabot have failed to supply. Cabot have informed me that this covers their legal obligation and that they will have no further communication. This account was then passed to FIRE and Clarity (both subsidiaries of Cabot) who have failed to supply ant further documentation before returning the account to Cabot.
    On xx I made a request under the Consumer Protection from Unfair Trading Regulations 2008 for a copy of the original Consumer Credit Agreement. Cabot has replied that 'there is no legal obligation for Cabot Financial Limited to provide you with the original credit agreement under section 77/78 of the CCA. I can confirm that Cabot does not and has at no time held your original signed credit agreement, nor are we required to hold this on file.' I believe that this fails to comply with the CPUTR 2008. They have said that they have no legal obligation to hold the agreement, which is in fact untrue. They do have an obligation under the CCA 1974 to have the relevant documentation to support any threat of litigation, which they have made on numerous occasions.
    Under CPUTR they are not allowed to mislead and in this case they clearly are attempting to mislead.
    That's the bit you need. For a pre-2007 account, they've now stuffed themselves in terms of enforcing through the courts.

    Remember the mantra:
    NEVER communicate by 'phone.
    Send EVERYTHING by Recorded/Special Delivery
    Keep a copy of EVERYTHING sent
    Keep hold of EVERYTHING received
    PriorityOne & CPUTR 2008 (ex P1 CAG CPUTR 2008)

    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment

    • #77
      Re: Cabot/FIRE/MSDW

      Thanks for the comment, what a shame! Let's see if FOS or TS can see any problems with their actions .......
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment

      • #78
        Re: Cabot/FIRE/MSDW

        Originally posted by cymruambyth View Post
        Thanks for the comment, what a shame! Let's see if FOS or TS can see any problems with their actions .......
        shit, wish I'd paid more attention. Unfortunately you're not going to get any joy via FOS or TS. My apologies as I should have picked up what was happening and talked you out of this.

        In both cases they cannot and will not get involved in CPUTR nor s.78 issues within CCA. If you have that letter confirming no agreement exists then you keep it safe and if anyone hassles you then copy it, highlight that line and send it with one of these|: ---> Our Templates | Unenforceability Templates | CCA Query - Letter Previously Confirming No CCA
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

        Comment

        • #79
          Re: Cabot/FIRE/MSDW

          Oh well in the great scheme of life and debt it's not a disaster, just the waste of a few stamps and some ink!

          If that is the only thing you miss with all the time, effort and help that you give.then everyone will continue to benefit from your support and knowledge.
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

          Comment

          • #80
            Re: Cabot/FIRE/MSDW

            Originally posted by Never-In-Doubt View Post
            In both cases they cannot and will not get involved in CPUTR nor s.78 issues within CCA.
            ^^ It's the OFT that deals with such complaints and as you know, you have no recourse to utilise OFT complaints channel (as a consumer)
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

            Comment

            • #81
              Re: Cabot/FIRE/MSDW

              Originally posted by cymruambyth View Post
              Oh well in the great scheme of life and debt it's not a disaster, just the waste of a few stamps and some ink!

              If that is the only thing you miss with all the time, effort and help that you give.then everyone will continue to benefit from your support and knowledge.
              CPUTR is only used to get them to sod off..... which is/should be a victory in itself. Trying to take it further is a waste of effort and simply drags things out for you.
              Remember the mantra:
              NEVER communicate by 'phone.
              Send EVERYTHING by Recorded/Special Delivery
              Keep a copy of EVERYTHING sent
              Keep hold of EVERYTHING received
              PriorityOne & CPUTR 2008 (ex P1 CAG CPUTR 2008)

              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

              Comment

              • #82
                Re: Cabot/FIRE/MSDW

                Cabot wont run away on the CPUTR requests, they may leave you alone for a bit but they are extremely litigious so will more than likely sue in the end.

                Comment

                • #83
                  Re: Cabot/FIRE/MSDW

                  Originally posted by Paul. View Post
                  Cabot wont run away on the CPUTR requests, they may leave you alone for a bit but they are extremely litigious so will more than likely sue in the end.
                  They haven't sued me yet.... or a friend of mine.... so nothing can be taken for granted Paul (as such).

                  I don't get anything from them these days and my friend just gets the "we are trying to locate your docs" kind of letter every so often.

                  Happy days....
                  Remember the mantra:
                  NEVER communicate by 'phone.
                  Send EVERYTHING by Recorded/Special Delivery
                  Keep a copy of EVERYTHING sent
                  Keep hold of EVERYTHING received
                  PriorityOne & CPUTR 2008 (ex P1 CAG CPUTR 2008)

                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment

                  • #84
                    Re: Cabot/FIRE/MSDW

                    Originally posted by Paul. View Post
                    Cabot wont run away on the CPUTR requests, they may leave you alone for a bit but they are extremely litigious so will more than likely sue in the end.

                    I think with the faulty DN from 2004 and illegible application form which they have admitted that they don't have, I may have to 'phone a friend.....' if and when court papers arrive!
                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                    Comment

                    • #85
                      Re: Cabot/FIRE/MSDW

                      Originally posted by PriorityOne View Post
                      CPUTR is only used to get them to sod off..... which is/should be a victory in itself. Trying to take it further is a waste of effort and simply drags things out for you.
                      I didn't anticipate getting anywhere, just bloodymindedness and the hope of causing some inconvenience.
                      t
                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                      Comment

                      • #86
                        Re: Cabot/FIRE/MSDW

                        Originally posted by cymruambyth View Post
                        I didn't anticipate getting anywhere, just bloodymindedness and the hope of causing some inconvenience.
                        t
                        Well... from experience, DCAs don't cope very well with anything that requires them to think....

                        Remember the mantra:
                        NEVER communicate by 'phone.
                        Send EVERYTHING by Recorded/Special Delivery
                        Keep a copy of EVERYTHING sent
                        Keep hold of EVERYTHING received
                        PriorityOne & CPUTR 2008 (ex P1 CAG CPUTR 2008)

                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                        Comment

                        • #87
                          Re: Cabot/FIRE/MSDW

                          Originally posted by PriorityOne View Post
                          They haven't sued me yet.... or a friend of mine.... so nothing can be taken for granted Paul (as such).

                          I don't get anything from them these days and my friend just gets the "we are trying to locate your docs" kind of letter every so often.

                          Happy days....
                          no quite, but there are cases where they have sued irrespective of this letter. I know that for a fact as i have defended them myself. So you may well not fit the criteria for litigation but others they may well be happy to take a punt on, this is the trouble with these creatures

                          Comment

                          • #88
                            Re: Cabot/FIRE/MSDW

                            Originally posted by Paul. View Post
                            no quite, but there are cases where they have sued irrespective of this letter. I know that for a fact as i have defended them myself. So you may well not fit the criteria for litigation but others they may well be happy to take a punt on, this is the trouble with these creatures
                            Agree.... they are a law unto themselves. The mistake people often make is failing to respond to pre-court correspondence though, IMO. Cabot have always played pretty fair with me as DCAs go (to date anyway).... while Fredrickson International seemed to play the dirtiest... but I have been on their case(s) all the way along which is why, I assume, things have been dropped.

                            There's no room for complacency when dealing with these people but all have scuttled off (some quicker than others) when faced with CPUTR correspondence. That's why I love it as a pre-court tool.

                            Remember the mantra:
                            NEVER communicate by 'phone.
                            Send EVERYTHING by Recorded/Special Delivery
                            Keep a copy of EVERYTHING sent
                            Keep hold of EVERYTHING received
                            PriorityOne & CPUTR 2008 (ex P1 CAG CPUTR 2008)

                            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                            Comment

                            • #89
                              Re: Cabot/FIRE/MSDW

                              Mmmmmmm one Cabot case failed. Several others ongoing........

                              This case has had several final responsea and threats,all of which I have replied to.
                              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                              Comment

                              • #90
                                Re: Cabot/FIRE/MSDW

                                A lot of these MSDW / Barclaycard agreements seem to be blatant C&P's!! - they differ even from the same year!

                                It seems to me that the prescribed terms were never on the sig page and not on the reverse, the reverse was ad's only. They C&P'd the reverse to allow space for the terms which were c&p'd in after...

                                Would it help your cause if I send you a copy of mine to compare? - just let me know...
                                -----------------------------------------------

                                Happiness, is screwing over a DCA.......

                                Comment

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