Pookies UE Diary

[pooksthebear]

Re: Pookies UE Diary

Hi all! Well I have not had a phone call from Cabot this week so I guess they have received my letter!! Well done and massive Thank You to Niddy for the superb letter!!


Thank you.. Pooks

[pooksthebear]

Re: Pookies UE Diary

Hi all!! Well I haven't had a phone call from Cabot but they have responded to the Niddy special letter with this....

Our final response to your complaint (what complaint???)

I understand you are dissatisfied with our letter and beleive we are harassing you for the repayment of this account.

I note your reference to the Consumer Credit (EU Directive) Regulations 2010. I can confirm that your reference to the same is not relevant to your circumstances, as these regulations are only applicable to agreements taken out after 1 February 2011. Furthermore as previiously advised there is no need for us to provide a copy of your credit agreement in accordance with your request for information under sections 77/78 of the Consumer Credit Act 1974 and our position remains unchanged.

Nevertheless your account has been referred to our Customer Relations Department to obtain this documentatio, which will be forwarded to you upon receipt. With regard to the content of your credit agreement, as we do not currently hold a copy of the same on file, we are unable to provide a comprehensive response accordingly.

I note that you believe we are harassing you for a debt. We would like to confirm again that we have taken over your account from Yorkshire Bank, the original lender and we are responsible for administering your account.. blah blah... As a result we are seeking your co-operation in settling your financial liabilitites. Notwithstanding I can confirm that your telephone numbers have been temporarily removed from our records. However i must re-iterate that if we do not receive your co-operation in paying towards your outstanding balance, we shall reserve the right to re-instate telephone contact using your new number. Cabot takes all legal and regulagtory responsibilites seriously and abides by industry codes of practice and guidance. We wish to assist our customers get back on track with their finances and that is why we are contacting you.

I trust we have set our position clearly. However, if you remain dissatisfied with our response you may bring the complaint to the attention of the FSA .. blah blah...


Hmmm.... so they are maintaining that they do not have to comply with my request and that the law does not cover my agreement as it only applies to agreements made after Feb 11, is this correct? Also is the heading "Final response to complaint" anything to worry about? Finally... are they saying they do not have a copy of my credit agreement? Sorry for all the questions!


Pooks

[CleverClogs (RIP)]

Re: Pookies UE Diary

Nice to see Niddy now responds to the name of 'Flower'

Buttercup?
Daisy?
Iris?
Petunia?
Stinkwort?

[CleverClogs (RIP)]

Re: Pookies UE Diary

Hi all!! Well I haven't had a phone call from Cabot but they have responded to the Niddy special letter with this....

Our final response to your complaint

[COLOR="black"][I]I understand you are dissatisfied with our letter and believe we are harassing you for the repayment of this account.

I note your reference to the Consumer Credit (EU Directive) Regulations 2010. I can confirm that your reference to the same is not relevant to your circumstances, as these regulations are only applicable to agreements taken out after 1 February 2011.

Wrong.

Furthermore as previously advised there is no need for us to provide a copy of your credit agreement in accordance with your request for information under sections 77/78 of the Consumer Credit Act 1974 and our position remains unchanged.

Wrong answer.

The request was not made under sections 77 or 78.

Nevertheless your account has been referred to our Customer Relations Department to obtain this documentatio, which will be forwarded to you upon receipt. With regard to the content of your credit agreement, as we do not currently hold a copy of the same on file, we are unable to provide a comprehensive response accordingly.

In other words, they don't have anything and they expect that Yorkshire Bank doesn't have anything either.

It should be interesting to see what crap they cobble together.

I note that you believe we are harassing you for a debt. We would like to confirm again that we have taken over your account from Yorkshire Bank, the original lender and we are responsible for administering your account.. blah blah... As a result we are seeking your co-operation in settling your financial liabilitites. Notwithstanding I can confirm that your telephone numbers have been temporarily removed from our records. However i must re-iterate that if we do not receive your co-operation in paying towards your outstanding balance, we shall reserve the right to re-instate telephone contact using your new number.

Oh dear. The threat to reinstate your 'phone number(s) was itself meant to be intimidatory and, hence, was further evidence of deliberate harassment and of conspiracy to cause harassment.

Cabot takes all legal and regulagtory responsibilites seriously and abides by industry codes of practice and guidance.

Liars.

We wish to assist our customers get back on track with their finances and that is why we are contacting you.

That is nearly true, as they consider the alleged creditors to be their "customers". The alleged debtors are merely the resource to be exploited by whatever means Cabot pleases to try.

I trust we have set our position clearly. However, if you remain dissatisfied with our response you may bring the complaint to the attention of the FSA ...

And they'll henceforth send only threat-o-grams and daft letters concerning collectable doorsteps?

Hmmm.... so they are maintaining that they do not have to comply with my request and that the law does not cover my agreement as it only applies to agreements made after Feb 11, is this correct?

It is certainly a correct summary of what they originally stated, but their understanding of the law is - as one might expect - somewhat impaired.

You should have noticed that, having wrongly stated what the law requires of them, they immediately proceeded to contradict themselves by promising to forward the document(s) to you.

I'd say the Niddy Special got them rattled!

Also is the heading "Final response to complaint" anything to worry about?

No, as it just means you can complain to the Fundamentally Supine Authority or the bank Fobbing Off Service should you wish to waste your time and their (Cabot's or Yorkshire Bank's) money without having to wait for the Cabot "complaint procedure" (???) to be completed.

Finally... are they saying they do not have a copy of my credit agreement?

As I wrote above - the Niddy Special seems to have unsettled them so much that they were almost shocked into a state of temporary honesty.

It won't last for long, though.

[pooksthebear]

Re: Pookies UE Diary

Wrong.


Wrong answer.

The request was not made under sections 77 or 78.


In other words, they don't have anything and they expect that Yorkshire Bank doesn't have anything either.

It should be interesting to see what crap they cobble together.

I've a feeling they wont cobble anything together and just come back to me repeating they don't need to send anything as its irrelevant and demand a payment. Cabot seem to be a law unto themselves from what I've been reading, they don't seem shy of going to court either!

Pooks

[Never-In-Doubt]

Re: Pookies UE Diary

Just ignore them for the moment and see what they do next

[pooksthebear]

Re: Pookies UE Diary

Just ignore them for the moment and see what they do next

Ok Niddy will do, must admit though I feel a bit intimidated by them...hope they crawl back into the hole they came out of.

Pooks

[Never-In-Doubt]

Re: Pookies UE Diary

Intimi what?

We don't "do" intimi's at AAD - you'll be fine

[pooksthebear]

Re: Pookies UE Diary

Intimi what?

We don't "do" intimi's at AAD - you'll be fine

Ok.. that word is now banished from my vocabulary

[PlanB]

Re: Pookies UE Diary

I replied cos I spent hours helping planB

Must you keep bringing this up

Actually it only took you 1 hour 41 minutes to teach me to post two links

[CleverClogs (RIP)]

Re: Pookies UE Diary

I replied cos I spent hours helping planB

Must you keep bringing this up

I expect his nausea will eventually abate.

Actually it only took you 1 hour 41 minutes to teach me to post two links

Some of us didn't need to be taught.

[pooksthebear]

Re: Pookies UE Diary

Hello everyone!! Update. I have received yet another statement from RBS (the unenforceable account), they seem to be sending them every month now. Marlin have also sent me a statement - but still have not provided a cca.

Received a settlement offer from Mackenzie Hall - pay 50% by end of month.. was dated 28th Feb and I didnt receive it until 5th March! What on earth was the point.. !!

Received a letter from Arrow Global. The debt was assigned to them from Phoenix Recoveries, the last letter I got fom them they stated they did not accept they were the creditor. Anyway.. this letter is headed Debt owed to Arrow Global assigned by Phoenix Recoveries! It says:

We are unable, at this time, to obtain a copy of your Consumer Credit agreement from the originating creditor. However this does not mean that your debt is wiped out and your account is still defaulted. This account will now be operated on behalf of Arrow Global by Credit Account Management (CAM) and it is essential that all future payments and corresponsdence regarding this account be directed to them. We trust this clarifies our position on this matter.

If they dont have a credit agreement then I certainly wont be making any future payments to them or the new clowns on the block!! Dont suppose there is a letter to send new collectors in this position is there?

Thank you

[MrsD]

Re: Pookies UE Diary

well done, keep that letter very safe, anyone else tries to collect this account just send them this Our Templates | Unenforceability Templates | CCA Query - Letter Previously Confirming No CCA

well done!!

[IF]

Re: Pookies UE Diary

Well done Pooks

[CleverClogs (RIP)]

Re: Pookies UE Diary

Received a settlement offer from Mackenzie Hall - pay 50% by end of month..

Did they specify which month?

was dated 28th Feb and I didnt receive it until 5th March! What on earth was the point.. !!

I suppose they hoped to induce you to call them and beg for that reduction; in return, they could harangue you and make all manner of threats that even they are not sufficiently daft to put into writing.

Received a letter from Arrow Global. The debt was assigned to them from Phoenix Recoveries, the last letter I got fom them they stated they did not accept they were the creditor.

If they are not the creditor, they have no right to any money from you.

Simples!

Anyway.. this letter is headed Debt owed to Arrow Global assigned by Phoenix Recoveries! It says:

We are unable, at this time, to obtain a copy of your Consumer Credit agreement from the originating creditor. However this does not mean that your debt is wiped out and your account is still defaulted. This account will now be operated on behalf of Arrow Global by Credit Account Management (CAM) and it is essential that all future payments and corresponsdence regarding this account be directed to them. We trust this clarifies our position on this matter.

Yes, it does.

It confirms that they are flim-flam men.

If they dont have a credit agreement then I certainly wont be making any future payments to them or the new clowns on the block!!

And especially if they are "not the creditor"?

Dont suppose there is a letter to send new collectors in this position is there?

Whilst you could send a version of the reply in Arkell v Pressdram (link) it would probably be better to wait until they send you a letter.