Pookies UE Diary

[pooksthebear]

Re: Pookies UE Diary

No need to apologise, Pooks, you are not a pest! If there are any pests round these parts, it's got to be Cabot!

MBNA used to ring me all the time in the beginning: Good Friday, Easter Sunday... sometimes I answered it because it showed up as 'international'. Cheeky sods! That was two years ago in the pre-AAD Dark Ages. When I did answer I often pretended to be a lodger who didn't speak any English...

Thank you Flower

Thats interesting about the international numbers.. ive been getting loads of them too but havnt answered with it being international.. i bet its blooming Cabot!!

[pooksthebear]

Re: Pookies UE Diary

Barclaycard used to be like that with me. I knew which number they were going to call from next

Have you seen this ---> Free Number to Issue Creditors - allaboutFORUMS

Oooh thats good!! Hmmm yeah I think I will do that then ... but then if I answer the phone to give them the number they will know I havnt changed numbers... hmmm... need a plan

[oldyboy]

Re: Pookies UE Diary

I suggest you start writing these down in a notebook jotting down the number, time, and date, also who the caller is if you know. If you have caller display on your landline then it's easy, but if not you dial 1471 and you'll also get the same info, but only for the last number to call you. Also copy down your mobile records. You seem to be getting a lot of calls so you could need a big notebook!

It may seem strange but I find doing this therapeutic!?!

I have caller display and the ringer off. I just see the display light up with the number and see who it is before choosing to answer or ignore. When I started my now defunct DMP the phone was constantly ringing like yours is now, and when it did it always made me jump! If you don't want to, or can't, set it to silent set it to low so it doesn't startle you.

[Pixie]

Re: Pookies UE Diary

Barclaycard used to be like that with me. I knew which number they were going to call from next

Have you seen this ---> Free Number to Issue Creditors - allaboutFORUMS

[pooksthebear]

Re: Pookies UE Diary

today.. unsure of times.. on landline only - Cabot have called on :

08003280708 x 2
08450268870 x2
08009172225 x 2
01142180488 x 2
08003289393 x 1

9 times... not too bad i suppose ....!

[pooksthebear]

Re: Pookies UE Diary

Are you keeping a written record of these calls? If not then maybe you should start now. Could be very handy later.

Actually no.. I didnt think about it. I have a call log in my mobile for them all (im not sure if it records rejected ones though) I will start keeping a log though... excellent idea!!

[oldyboy]

Re: Pookies UE Diary

Are you keeping a written record of these calls? If not then maybe you should start now. Could be very handy later.

[pooksthebear]

Re: Pookies UE Diary

That has to be stopped.

Are the calls on a landline or on a mobile?

Either way, a change of number should help, although BT could intercept 'nuisance calls.

Meanwhile, keep a whistle by the phone and, whenever the money-grubbers call, deafen the buggers!

Both!! They have rung me, from 3 different numbers on my landline in the last half hour. I have my mobile set to reject the calls now, I have 4 numbers recorded on my mobile so I expect they will use yet another one next time. Several 0800, some 0845 and some are 0114. I have decided I am going to answer and leave them on hold by the tv...

[pooksthebear]

Re: Pookies UE Diary

Right here is my letter, I am not sure where to put those bits in (quoted above) so ive left them out.


Dear Sirs,

Ref: xxxxxxx

I acknowledge receipt of your letter and I would like to point out that regardless of the provisions of sections 77-79 you seem to have forgotten about The Consumer Credit (EU Directive) Regulations 2010 and also c.39 (s.74 (A&B) (VA)) CCA(1974).

As I had what can only be classed as an agreed overdraft, then the lending becomes regulated in line with Part VA (s.74) (s.1(b)) meaning the normal rules and CCA(1974) protection applies.

The lender also needs to send an annual reminder to me regards the overdraft, as well as copies of the original agreement made and an annual renewal form that contains the relevant prescribed terms that are clearly outlined in s.74(A)2(a,b,c,d,e). As nothing of the sort has ever been recorded as received by myself, this account is in fact unenforceable.

You go on to mention that "The exclusion of Current Accounts falling into Part V of the CCA is set out in section 74(1)(b)" . I have read this and I would like to know what makes you exempt? Before quoting legislation, please try and understand the principle behind it first. Your claim regards s.74(1)(b) is not in context based on the fact the provision within s.74(A)(2) has failed; I highlight this provision for your perusal;

s.74A(2) The current account agreement must include the following information at the time it is made:
(a)the rate of interest charged on the amount by which an account-holder overdraws on the current account or exceeds the pre-arranged overdraft limit,
(b)any conditions applicable to that rate,
(c)any reference rate on which that rate is based,
(d)information on any changes to the rate of interest (including the periods that the rate applies and any conditions or procedure applicable to changing that rate), and
(e)any other charges payable by the debtor under the agreement (and the conditions under which those charges may be varied).

Please also pay attention to s.74(B)(2) which reads, I quote;
s.74B(2) The matters referred to in subsection (1) are:
(a)the fact that the current account is overdrawn or the overdraft limit has been exceeded,
(b)the amount of that overdraft or excess,
(c)the rate of interest charged on it, and
(d)any other charges payable by the debtor in relation to it (including any penalties and any interest on those charges).

I trust that I have set out my position clearly? I await your response with the requested information, as per my original letter (assuming you have the information, of course).

On another matter, that of telephone harassment The quantity and frequency of the telephone calls I have received from your company is beyond a joke.

I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

I ought to draw your attention to the recent Harrison v Link Financial case in which HH Judge Chambers outlined the predatory way in which the account holder was hounded;

I quote, from this judgment;

Cumulatively and damningly is what I find to be the way that MBNA and the Defendant went about recovering their debt. I am satisfied that the Claimant’s description of the way that he was hounded by his creditors is essentially correct not least in the use of “non-traceable” telephone calls. It seems to me that such conduct has no proper function in the recovery of consumer debt.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you may be liable to a substantial fine and/or other sanctions as they see fit. Be advised that any further telephone calls from your company may be recorded and used in evidence and I expect this harassment to cease immediately.

Yours faithfully,

[CleverClogs (RIP)]

Re: Pookies UE Diary

Im gonna tag the telephone harassment letter onto the bottom.. again amended a bit. Hopefully that will stop them in their tracks as they are driving me insane with a dozen, if not more, calls every single day!!

That has to be stopped.

Are the calls on a landline or on a mobile?

Either way, a change of number should help, although BT could intercept 'nuisance calls.

Meanwhile, keep a whistle by the phone and, whenever the money-grubbers call, deafen the buggers!

[pooksthebear]

Re: Pookies UE Diary

As one might expect of Cabot, they have been somewhat economical with the actualité - link:

They seem either not to know, or not to care, that paragraph (1) now contains the words "Except as provided in subsections (1A) to (2)". Subsection (1C) applies to your overdraft:

It's probably anyone's guess quite why Cabot continues to claim that section 74(1)(b) excludes overdrafts as it did before the law was changed; I suspect it may be because they do not have a copy of the documents, cannot obtain a copy of the documents or even that some of the documents may no longer exist.

Thank you so much Cleverclogs, I have copied the letter that Niddy did for Flossy and rehashed it a bit, I will now quote some of the above too ... just to reinforce the issue. Im gonna tag the telephone harassment letter onto the bottom.. again amended a bit. Hopefully that will stop them in their tracks as they are driving me insane with a dozen, if not more, calls every single day!! I will post it up in a mo and it would be great if you can let me know what you think. Thanks

[CleverClogs (RIP)]

Re: Pookies UE Diary

My letter from Cabot said:

I understand you have made a request for information pertaining to your account pursuant to section 77/78 of the Consumer Credit Act 1974 ("CCA").

There is no need for us to provide a copy of your credit agreement under the CCA for Current Accounts and Overdraft Facilities, as Part V of the CCA does not apply to these types of accounts. The exclusion of Current Accounts fallling into Part V of the CCA is set out in section 74(1)(b).

As one might expect of Cabot, they have been somewhat economical with the actualité - link:

74 Exclusion of certain agreements from Part V.
(1)Except as provided in subsections (1A) to (2), this Part does not apply to—
(a)a non-commercial agreement,
(b)a debtor-creditor agreement enabling the debtor to overdraw on a current account, ... etc.

They seem either not to know, or not to care, that paragraph (1) now contains the words "Except as provided in subsections (1A) to (2)". Subsection (1C) applies to your overdraft:

(1C)Where an agreement that falls within subsection (1)(b) is an authorised non-business overdraft agreement the following provisions apply—

(a)section 55 (regulations on disclosure of information);
(b)section 55B (assessment of creditworthiness);
(c)section 55C (copy of draft consumer credit agreement);
(d)section 56 (antecedent negotiations);
(e)section 60 (regulations on form and content of agreements);
(f)section 61B (duty to supply copy of overdraft agreement).

It's probably anyone's guess quite why Cabot continues to claim that section 74(1)(b) excludes overdrafts as it did before the law was changed; I suspect it may be because they do not have a copy of the documents, cannot obtain a copy of the documents or even that some of the documents may no longer exist.

[pooksthebear]

Re: Pookies UE Diary

Hi,

It's not really me who's dealing with Cabot on that thread, it's from Flossy's diary. I posted the link because you were after bits of legislation regarding O/Ds and Niddy drafted that letter in response to Cabot's letter which says exactly the same as yours. It's not a CCA request as such but a request for information as set out here ---> Consumer Credit Act 1974

It's one of them 'Niddy specials'. He may have drafted it after your response from Cabot.

Ok, thanks ever so much. Yeah Flossy's!! Sorry, I'm just very confused over all the legislation. Looking at Clever Clogs' post overdrafts are no longer exempt, I looked at the link from Clever Clogs but didnt understand any of it let alone know how to put it in a letter. I just want to make sure I'm sending the right stuff and quoting the right stuff otherwise they are gonna know I know nothing haha! I will rehash the 'Niddy special' letter and send that then. Thanks again and sorry for being a pest.

Pooks

[pooksthebear]

Re: Pookies UE Diary

Hi all again... right im very very confused now after reading back through my posts regarding the Yorkshire Bank overdraft now with Cabot haha. Page 3 and 4 it seems the opinion is that the overdraft is not covered and they dont have to send a CCA. Page 6 a post from Clever Clogs states regulations now changed and they are not exempt and Flower Power's link on the above post, seem to also suggest they are not exempt. Does anyone know please? Shall I send a copy of the same letter that Flower sent?

Thanks, Pooks

[pooksthebear]

Re: Pookies UE Diary

You may want to look at this --->allaboutFORUMS - View Single Post - Flossy UE Diary YB Hassle - although it would need to be adapted to suit.

Thanks for this but I am confused.... I dont know how to copy bits of threads but on page 4 of this thread I put a post about my reply from a couple of creditors including Cabot in relation to my bank account overdraft... here is what I put and Niddy's response.. it was only a few weeks ago so im confused as to why your's is different to mine when they are both with Cabot and both in relation to overdrafts.

Cabot who have sent my postal order back and state there is no need for them to provide a copy of my credit agreement as it does not apply to current accounts. They go on to say i have a £1206 balance and a payment plan for arranged for monthly instalments of £5.47.. hmmm not any more! Should I now contact Cabot and arrange to continue paying this privately?

Thanks, Pooks

This was Niddy's response..

correct, you ought to be trying to make a F&F, say around £100 to close this.... if you have it of course?

My letter from Cabot said:

I understand you have made a request for information pertaining to your account pursuant to section 77/78 of the Consumer Credit Act 1974 ("CCA").

There is no need for us to provide a copy of your credit agreement under the CCA for Current Accounts and Overdraft Facilities, as Part V of the CCA does not apply to these types of accounts. The exclusion of Current Accounts fallling into Part V of the CCA is set out in section 74(1)(b). I have therefore returned your £1.00 fee with this letter.

Im confused as it appears to be the same letter you got... wonder if Niddy thought I was meaning something else as he agreed they did not have to supply it??

Thanks, Pooks