Advise cabot - argos cca unenforceability

never-in-doubt

ilovebanksMCMLXXXI wrote: »

Excuse me!? - this comment is out of order:

Maybe to your small mind

ilovebanksMCMLXXXI wrote: »

People on here are seeking advice and PayPlan have helped me no end so I'm offering advice. If you don't like it then that's fair enough but my comments are valid because I've lived through it and dealt with similar and identical issues.

So what! Doesn't mean you need to quote them daily!! PP are one of many (and are rubbish btw!).....

ilovebanksMCMLXXXI wrote: »

Have you?

Come again? I think I know what i'm on about here - do you?

ilovebanksMCMLXXXI wrote: »

Setting aside things in court is all well and good but one day these problems will have to be dealt with otherwise you'll forever be 'setting things aside'.

Not at all - maybe to you, as an inexperenced person (37 posts eh??)!

ilovebanksMCMLXXXI wrote: »

As you are probably aware and should make others aware - if you set something aside it doesn't go away. It's simply moving the file from the urgent pile to the pending one and they'll be back.

eh? Not at all - set aside means it is exactly that - set aside!! :rotfl:

ilovebanksMCMLXXXI wrote: »

If your suggestion goes t*ts up because you're advising somebody NOT to seek legal or professional advice, can this person come back to you if you were wrong and sue? I wouldn't have thought so.

Eh? are you mad? Think you'll win fans arguing this point do you? Good luck! :rotfl:

ilovebanksMCMLXXXI wrote: »

Who gives one if I mention PayPlan? They are a decent organisation

In your opinion!!:o

ilovebanksMCMLXXXI wrote: »

and you may want to remember that some people on here are in real need of assistance and need somewhere to contact if things don't go to plan. Whilst this forum is fantastic there is no back up when things go wrong with the advice given.

Ok, you know best of course :rotfl::rotfl::rotfl:

rosieday

Thank you to everyone who has replied.

Didn't want to cause a problem, sorry!

To answer i love banks.

I have been paying my token payments every month without fail for a long time, done through CAB. Because my agreements were made from 95 upwards a lot of my paperwork has been waylaid. Every day i would wake up living in fear of my creditors and not wanting to put a foot out of line.
A friend then got me reading different things on the internet, sites like these. And reading about what other people were going through helped me no end and gave me courage.
So i wrote asked for my agreements and some you couldn't read some didn't have the prescribed terms etc etc. Some didn't reply. Some i offered F&F's to.
When they are in dispute if i continue to pay them then that erases my dispute letter, and i continue to be in fear.
I want control and i am feeling a lot better today than i did last year and beyond that.
I know their are companies out there that can help, but they don't tell you a lot, A lot will say don't rock the boat. as did the CAB say to me and another company.
So my feelings with Argos/cabot. They are in the wrong. To me if you sign an agreement or a contract it is done correctly to protect both parties involved. Credit agreements if not done correctly is not my fault. And when you are pushed into signing and you are not in a good state of mind at the time and they check nothing on you, which is what happened to me. Then i feel these companies are to blame, all for the sake of ruthless profiterring.

These are my feelings and i don't wish to upset anyone or to offend. But i haven't had good experiences and it kinda makes you have these thoughts, and make you angry instead of fearful.

To never in doubt

I will get the letter and cca scanned on here today so you can get an idea. The account in dispute i believe i took from this site last year. So that is what i sent to them.

I will get the letter sent out today. This is the first pre litigation letter that i have had from any of the creditors so that's why i'm on the scared side. So please bear with me. I do intend to get through this.

And i am researching this area as much as i can, I have only been researching the stages that i have been going through because i think too much information can cause me to have information overload.

Thank you i will post again later with cca and letter

rosieday

Hi everyone

After getting friend to scan relevant information in for me realised that you can't post attachments. Should have checked first hand, didn't think.

Anyway the letter from cabot is as follows:-

"Dear Rosie day

Your account has now be escalated to our pre litigation Department

We previously advised you that if you didn't repay the outstanding debt to Cabot, we would take further action. Your account has now been escalated to the next steps of our collection process where a desicion will be made accordingly.

If you don't respond now we may issue a claim for a county court judgement and once a county court judgement has been granted one of the following actions will be applied for:-"

Then it goes on to read the different things they can apply for or for a debt collector to call.

I have to contact them immediatly to stop the process.

Signed by their senior recoveries manager.

My Credit agreement was signed for in 2001 on a application form with no APR, i signed on the 31st of march 01 and their is a little box above the right to cancel with a date stamped of 4 apr 2001 and then a swiggle above this box and over the wording of the about your account, which i assume is a signature but you can't tell. All that is on the form is about you, about your employment, about your finances, additional card, about your account, declaration and signature box, for office use only which has credit limit within, below that is instructions to your bank or building society to pay by direct debit, which has to make your 5% min monthly repayments.

From the Sar as i said above i had the same copy sent to me. And i have had three different terms and conditions 2 booklets (one current, one black and white from i don't know when) and one they have printed from their system stapled together with the date 2006 on it.

To be honest i don't remember getting any terms and conditions at the time so i don't know. I am assuming that their would have been terms and conditions on the other side of the credit agreement because it does say as per conditions overleaf. But i was never sent the other side of the paper.

Anyway i have sent the letter before action to Cabot recorded delivery so i will see what comes back. And any thoughts on their letter whether it is just another threatening letter for money or if it is meant ie that they are initiating court action.

I'd like to keep up to date with this post until it's conclusion so people that are going through the same thing can know not to be afraid and feel more positive.
Some posts i have noticed never give a conclusion and it would be nice to see what the outcome turns out to be. So that is what i aim to do with my post.

Thank you again

Rosie day

RAS

Rosie

Your post count is not high enough to allow you to post scans.

Could you put it into somehting like flickr or photobucket.

the send a pm to never in doubt with the link in it.

That should owrk

Or post the link with spaces on here to get round the prohibition

www. moneysavingexpert . com

rosieday

Ok RAS I will send the link to Never in doubt and hope it comes out ok.

Thank you for your help

Rosie day

rosieday

Hi

This is the link for the argos card and the pre litigation letter from argos.

www. flickr .com/photos/51284411 @N03/? saved=1

I have put spaces in as advised.

Rosieday

never-in-doubt

rosieday wrote: »

Hi

This is the link for the argos card and the pre litigation letter from argos.

www. flickr .com/photos/51284411 @N03/? saved=1

I have put spaces in as advised.

Rosieday

Nope - nothing is in that link: http://www.flickr.com/photos/51284411@N03/?saved=1

Try again or email me the actual document and i'll take a look for you! PM me for my email addy if you want it.

rosieday

Hi again,

Ok here is an update, I have received a reply from cabot in response to my threat letter. I will type out the response as not very good with the attachements etc.

Our response to your correspondence

I refer to your letter received 22 June 2010 and our final response letter dated 23rd Nov 2000 ( i never received this letter)

Cabot has previously responded to the issues you have raised and our position remains unchanged. I would with respect advise you that you have been misinformed in relation to the arguments you continue to raise and you have no grounds for your continued dispute and failure to repay your financial liabilities.

The Customer assurance dept will not enter in to any further correspondance with you regarding this matter as we have continually responded to the issues you have raised. I would recommend you contact our collections department to arrange a repayment plan. Failing which, your account will be escalated in our collections process.

I note your intention to take this matter to the Financial ombudsman service. I would like to confirm that a final response was sent regarding your complaint on 23rd November 2009 and you have therefore exceeded the time limit of 6 months for referral to the FOS. Subsequently, the FOS will be unable to consider your complaint, as it is no longer within their jurisdiction.

I trust i have set out our position clearly.

I sent them a Account in Dispute letter in November and i didn't recieve the letter they are referring to that was dated 23rd November. So i don't know what was in that letter.

Going through the SAR that i received from Argos in march on their Archive transcription report for info held upto 2009
It says Permanent Memo: A/C sold to Cabot Financial Europe on 14/11/2006

Argos had Saxon gate collecting on their behalf and then i have an undated letter from cabot saying about how they can improve their customer services. So i had no letter from argos and no letter from Cabot saying this debt had been sold. And to top it all off as i said before they put the SAR money to the debt. And this was sent to Argos not cabot.

This company has bought my debt for next to nothing applied charges. I have no statements from them as to what these charges are. I have nothing but threat letters. And they expect me to roll over and pay them.

What annoys me is when you try and negoitiate with your creditors they want the full amount or as near as they can and yet they will sell the debt on for next to nothing to someone else. Why! They do make me angry.

So i was wondering if someone could help me with a response to their response.

Any help would be greatly appreciated.

Rosieday

rosieday

Hi

Does anyone know what i should do next, any help would be appreciated.

thanks

rosieday

DarkConvict

What did NID say about your CCA? Was it enforceable? If not, then you can let them try and take it to court and they will fail.

The £10 applied onto the account was for a SAR request, it makes no difference so long as you got the info you wanted. As by doing the SAR you likely acknowledged the debt. If not keep the SAR handy so you have proof it was not payment towards the debt.

If you want to raise it with the FOS i would still contact them, stating that no alleged deadlock letter / final response was recieved, which is why you continued to write to argos/cabot.