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  • #31
    Re: cabot and recon agreements

    Originally posted by Never-In-Doubt View Post
    That's why we exist, simply to allow you guys the chance to take the fight back to the creditor using their own flaws to beat them....

    Cabot etc can try and issue us with a claim (ie CAG) - it'll fall on deaf ears, we will never allow a DCA to post nor will we allow them to dictate to us - what we say is 100% factual and their icon ( ) is also quite true, of how we feel about them
    I found you accidentally from Cag and glad that I did.

    There is too much namby pamby advice given on there.
    I intend to fight the banks and DCA's all the way until I get my life back on track
    where I can I will help others on the way
    I beat a high court sherrif in the high court and continued to slate them on cag they even tried to scare me off with a libel issue whcih I replied " I would love to be able to meet you in the high court again and let a master decide,needless to say I heard no more from them

    They cant stop us from telling the truth
    These people have been baled out and ripped us off for too long and got away with it -Not any more

    Onlyme

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    • #32
      Re: cabot and recon agreements

      Originally posted by in 2 deep View Post
      ..Best just to keep your head down......
      Yep,

      Do nothing unless you hear from them again.

      If you do and they shitty - then cputr them and you'll get another load of peace and quiet........:niddy
      -----------------------------------------------

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

      Comment


      • #33
        Re: cabot and recon agreements

        Cput regs are not directly enforceable by the public so the only trouble is you need trading standards to enforce the breach which is like trying to find hens teeth

        Comment


        • #34
          Re: cabot and recon agreements

          Plus ive gotta say doing nothing makes our job hundred times harder

          Comment


          • #35
            Re: cabot and recon agreements

            Originally posted by Paul. View Post
            Plus ive gotta say doing nothing makes our job hundred times harder
            Thats interesting, I must admit I do rather like answering letters even if its just repeating the same one they have already had but failed to address whatever was in it. I had not realised that it would be better for me that way if they ever wanted to take action.
            When you have nothing you have nothing to lose

            Comment


            • #36
              Re: cabot and recon agreements

              if you ignore, you do not have the following

              A) an evidence bundle where you can show that despite best efforts to try and address your complaint the creditor has not dealt with it

              B) evidence of reasonable conduct

              If you ignore, the creditor has

              A) evidence of unreasonable conduct, how many times do i need to say READ HARRISON V LINK!!

              B) a good argument to say you didnt properly explain your complaint thus litigation was reasonable and proportionate

              which is better? you being criticised by a judge or the creditor?

              Comment


              • #37
                Re: cabot and recon agreements

                Originally posted by Susie View Post
                I must admit I do rather like answering letters even if its just repeating the same one they have already had but failed to address whatever was in it. I had not realised that it would be better for me that way if they ever wanted to take action.
                I also feel better by keeping up a degree of dialogue with my creditors/DCA's, I answer all letters (and keep a copy of their letter and my reply to a particular dated letter) that appear to have any content regarding previous correspondence between "Them & Me" regarding the account status, even if it just repeating myself again to them.

                If I ignore anything, it tends to be just the computer processed flyers, asking me to phone a number to set up a repayment plan.

                Comment


                • #38
                  Re: cabot and recon agreements

                  I offer only my view from the other side of the fence so to speak.

                  I cannot tell you what to do, or what to ignore, all i would say is the saying thats used time and time again "if you were told to jump off a cliff would you?"

                  Comment


                  • #39
                    Re: cabot and recon agreements

                    Hi guys, I have to support Paul here. Personally I have a dislike of just ignoring matters. I have recently had a long and deep legal conference to sort out some differences shall we say over our matters. It has confirmed a couple of things that were drummed into me a very long time ago now. Its like the Revenue and VAT man, always respond never ignore, always try to make sure when the inevitable happens that your letter is on top of the pile in your file when a judge has to look at it. Whilst you are talking there is some light, once you stop control which you had can shift to the other side.

                    Obviously there is quite a lot that can be just filed for future use without response but I would always err on the side of caution.

                    Even if it only refers to the response in Arkell v Pressdram 1971 then so be it.

                    regards
                    Garlok

                    Comment


                    • #40
                      Re: cabot and recon agreements

                      Originally posted by Paul. View Post
                      if you ignore, you do not have the following

                      A) an evidence bundle where you can show that despite best efforts to try and address your complaint the creditor has not dealt with it

                      B) evidence of reasonable conduct

                      If you ignore, the creditor has

                      A) evidence of unreasonable conduct, how many times do i need to say READ HARRISON V LINK!!

                      B) a good argument to say you didnt properly explain your complaint thus litigation was reasonable and proportionate

                      which is better? you being criticised by a judge or the creditor?
                      This makes the important point that even hard evidence and legal facts are open to interpretation in court. If it's looking a bit iffy at the hearing at least you can play the sympathy card with the DJ by persuading him that you did everything in your power to be reasonable but the creditor was a bully who "tortured" you MBNA found that out the hard way! If nothing else it could help the costs' issue if you lose.

                      Mind you if you've got Paul behind you there's no such thing as losing is there? (no pressure Paul)
                      Last edited by PlanB; 15 November 2011, 14:42.

                      Comment


                      • #41
                        Re: cabot and recon agreements

                        Originally posted by Paul. View Post
                        I offer only my view from the other side of the fence so to speak.

                        I cannot tell you what to do, or what to ignore, all i would say is the saying thats used time and time again "if you were told to jump off a cliff would you?"
                        Probably if it was you giving the orders

                        Comment


                        • #42
                          Re: cabot and recon agreements

                          At long last I received my data access report requested from citi--- no wonder Cabot didnt offer any evidence about the recon and then backed out!!!

                          The last line of the letter reads" Unfortunately we have been unable to locate the application form under the account number you have given if you know af any previous account you may have made the original agreement under we will be happy to search again for this information."

                          Happy days they aint got it and dont even know the original account number that belongs to it!!

                          done deal!!

                          Onlyme

                          Comment


                          • #43
                            Re: cabot and recon agreements

                            Congratulations
                            When you have nothing you have nothing to lose

                            Comment


                            • #44
                              Re: cabot and recon agreements

                              Well done, result
                              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


                              • #45
                                Re: cabot and recon agreements

                                Originally posted by Paul. View Post
                                if you ignore, you do not have the following

                                A) an evidence bundle where you can show that despite best efforts to try and address your complaint the creditor has not dealt with it

                                * when we suggest that people ignore letters it's usually when nothing is doing, ie no contact for a year then a random statement appears or maybe whereby they have requested a CCA and the lender replied to which the debtor wrote back, and was ignored, prior to another threat coming - the fact the debtor did respond and is awaiting a reply means they are well within their rights to ignore it, for upto 28 days at which point they could if they wanted take it to the FOS (obviously not when we're speaking UE but that's the way it works, as you know).

                                So, you'll never see anyone on here say "just ignore" for the sake of it, it's usually based on the current and surrounding circumstances.


                                B) evidence of reasonable conduct
                                Responding to their letters is reasonable conduct from the debtors POV. However the debtor is not required to respond to each and every letter, they cannot afford this considering some dca's send 3-4 letters a week. Yea, by all means retain the creditors letters to use against them but don't reply to each one - that's ludicrous for any judge to expect this....

                                If you ignore, the creditor has

                                A) evidence of unreasonable conduct, how many times do i need to say READ HARRISON V LINK!!
                                Not quite that simple, cos the debtor would have already responded at some point, and is awaiting a reply and this could be proven in most cases, with the debtors audit trail of letters sent plus records from this forum if necessary!

                                B) a good argument to say you didnt properly explain your complaint thus litigation was reasonable and proportionate
                                Mate you know as well as I do that most DCA's only read what they want to read and ignore the rest, so really lets be honest - they take action cos they can. No other reason other than to kick you some more, when you're already down.

                                which is better? you being criticised by a judge or the creditor?
                                Neither - both stink of wet fish mate
                                See remarks in red mate! I know we've had this same old discussion several times before, but I feel I need to counter argue your legal one as it's not as simple as the guys here saying "just ignore" - ie read above then you'll see what I mean when I (or most the users here) say "just ignore"....

                                I know what you're saying, from a legal perspective then sure - keep an audit trail, however this has already been achieved by the time we get round to "just ignore" comments

                                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

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