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Re: Cabot/FIRE/MSDW
I'm just off to check if it's in our data base.
I guess you may have a starring role
I'm just off to check if it's in our data base.
I guess you may have a starring role
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Last edited by cymruambyth; 18 November 2011, 22:42.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.
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Re: Cabot/FIRE/MSDW
Not published is it? Paul quoted this one page 1 - ie that he was involved!
Read this ---> BBC News - How credit card lenders can trip up when chasing debtsI'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!
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Re: Cabot/FIRE/MSDW
I thought he would look more like Phileas FoggOriginally posted by PlanB View PostThere's a photo of our Paul in that BBC story. No wonder creditors are terrified when he says "see you in court"
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.
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Re: Cabot/FIRE/MSDW
Is that it?!Originally posted by cymruambyth View Post
They've passed it from pillar to post (internally, it would seem) to make you think it's escalating but due to the content of the letters you've already sent, they will be well aware that you're getting sound advice from somewhere.....Originally posted by cymruambyth View Post
I have seen off a few with illegible application forms
.... but always pre-court. Cabot are on that list and I've not heard a peep since 2007 but in my case they had nothing at all; although the OC had an application form, so I'm not sure why Cabot never got hold of it.... but hey ho.
I've also recently seen them off for a friend using CPUTR..... and she hasn't heard from them in months now.
Template letter is on here.... As this is still pre-court, it's well worth a shot (IMO).
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
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Re: Cabot/FIRE/MSDW
Well at the beginning of November they are not going to enter into any further correspondence with me and inform me that if I (incorrectly) believe the account to be unenforceable then I need to go to court to get this formally arranged
End of November I need to get in touch to arrange a repayment plan.
My reply is going to be a few lines quoting the law on legibility of agreements and enforceability.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
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Re: Cabot/FIRE/MSDW
They have replied, it has gone to their Pre Litigation Dept.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
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Re: Cabot/FIRE/MSDW
Didn't think they had one of those.... thought only Moorcroft had scary pre-litigation departments.....Originally posted by cymruambyth View Post
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
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Re: Cabot/FIRE/MSDW
As I'm fed up with these pieces of paper from Cabot, what about sending the latest cputr letter?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
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Re: Cabot/FIRE/MSDW
I agree try it ---> Our Templates | CPUTR (Unenforceability) Templates | Final Response - CPUTR (LiP)Originally posted by cymruambyth View Post
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.ukComment
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Re: Cabot/FIRE/MSDW
Well they are getting quicker with their replies!
Letters obviously crossed, so first letter states that the account is still in default and that if 'you don't take any positive action to settle the outstanding balance with us immediately' it will either go to external debt collectors or court.
This quickly followed by the reply to my CPUTR letter...........
They have complied with my CCA request, responded to my concerns and their position remains unchanged.
'There is no obligation...to provide you with the original credit agreement under s 77/78....Cabot does not and has at no time held your original signed credit agreement, nor are we required to hold this on file.'
'Request under s77/78 has been satisfied and you are required to recommence payment towards your account'. Once again they will not enter into any correspondence, arrange a repayment plan or the account will be escalated in their collections process.
Well, they answered my question about holding the agreement, I had informed them that it would be unenforceable under s 127, so I suppose it will now go to court!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
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Re: Cabot/FIRE/MSDW
Hi cymru,
The whole point of the CPUTR letter is that you are demanding a declaration from them that they actually hold a fully enforceable fully compliant original agreement. This NOT to ask for a copy merely a declaration one way or another. To lie or mislead is an offence under these regulations
From what you have said above they have not complied with a perfectly legal demand. Reading back quickly they don't seem to have actually provided anything have they?
regards
GarlokComment
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Re: Cabot/FIRE/MSDW
In fact looking back a while at some of this stuff. Without holding the original document they can't really enforce anyway. As "owners" they have inherited also all of the obligations and responsibilties which includes having the docs.
Response to CPUTR demand therefore misleading and non-compliant.
regards
GarlokComment
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Re: Cabot/FIRE/MSDW
Yep, spot on Mr G.
As a result of their admitting they've never held the original agreement; means they're unable to pursue this via court as you still need the original document to rely on: if it ever got to court.
I'd be sat back with a wee glass of something right now; I'd most definitely not worry
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.ukComment
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Re: Cabot/FIRE/MSDW
Absolutely mate, Cymru has a little victory to celebrate there.
regards
GarlokComment
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