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  • FIRST POST
    ugly duckling
    Cabot Financial
    • #1
    • 10th Nov 08, 11:50 AM
    Cabot Financial 10th Nov 08 at 11:50 AM
    Hi all a few months ago I started getting letters from Cabot financial saying that I owe them money but I have never signed up to any agreement with this company before so I asked them what it was all about and they said they had bought my debt from another company.

    After reading through these forums I noticed a letter that you could sent to the DCA requesting a copy of the CCA. I decided to send cabot one of these on the 9th October 2008 requesting them to send me the CCA within 12 working days.

    They wrote back and said that although they do not need to send me the cca letter they will do on good faith but upto today 10.11.08 I have still not received anything.

    The reason I have posted today is I am sure that I read somewhere that I can send them a further letter after 30 days saying that they can no longer enforce the debt? If so when can I send them the letter and where can I find a draft copy of this letter?

    Also is it 30 days from when I first sent my initial letter on the 9.10.08 or will it be 30 days from after the 12 working days when they were supposed to issue the CCA.

    Any help would be great
Page 1
  • GeorgeUK
    • #2
    • 10th Nov 08, 12:07 PM
    • #2
    • 10th Nov 08, 12:07 PM
    Hi UD

    Do you know what the debt was for? If it was for a loan, creditcard or HP then they would be required to produce a CCA. There is no CCA however for an overdraft. If it was an airtime agreement for a mobile phone, you should ask requesting a copy of the agreement to prove that the debt is yours.
    After falling off the gambling wagon (twice): 33,600 (24,000+ 9,600) - Original CC Debt: 7,885.91

    Dad Gift 6k Savings & Inv Tst: 2,500
    Loan 10k: 0 Dad 5.5k: 2,270 LTSB: 0 RBS: 0 Virgin 0 Egg 0

    Total Owed: 2,270 (+6k) 11/08/2011
  • ugly duckling
    • #3
    • 10th Nov 08, 12:42 PM
    • #3
    • 10th Nov 08, 12:42 PM
    Hi UD

    Do you know what the debt was for? If it was for a loan, creditcard or HP then they would be required to produce a CCA. There is no CCA however for an overdraft. If it was an airtime agreement for a mobile phone, you should ask requesting a copy of the agreement to prove that the debt is yours.
    Originally posted by GeorgeUK
    Yes it was a loan I took out with mbna that is now in default - I did send a letter to cabot requesting the cca but they have not sent it to me. I sent the letter on the 9th Oct and I am sure that after 30 days I can send them a further letter stating that they can no longer enforce the debt - so really just wanted to know if this was true and where I could get a copy of the letter so i can send it on to Cabot
  • one-day
    • #4
    • 10th Nov 08, 12:54 PM
    • #4
    • 10th Nov 08, 12:54 PM
    good question as i need to know too lol
  • RAS
    • #5
    • 10th Nov 08, 1:21 PM
    • #5
    • 10th Nov 08, 1:21 PM
    Assuming this debt was taken out before April 2007 send this - from the template thread

    Quote:
    FORMAL NOTICE - ACCOUNT IN DISPUTE.

    Ref: ****************

    Dear Sir/Madam,

    Thank you for your letter of xx/xx/xx, the contents of which have been noted.

    You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

    On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

    On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

    To date you have failed to comply with these requests in any way.

    These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

    In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under Sections 77-79 of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

    Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.

    These limits have expired.

    As you are no doubt aware section the Consumer Credit Act states:

    If the creditor fails to comply with Subsection (1)

    (a) He is not entitled , while the default continues, to enforce the agreement.

    And

    (b) If the default continues for one month he commits an offence.

    Therefore this account has become unenforceable at law.

    Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

    Furthermore I shall counter-claim that any such action constitutes unlawful harassment.

    Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

    This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

    Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

    It is not sufficient to simply state that you have a legal right. You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

    Should you not respond within 14 days I expect that this means you agree to remove all such data.

    Furthermore you should be aware that a creditor is not permitted to take ANY
    Action against an account whilst it remains in dispute.

    The lack of a credit agreement is a very clear dispute and as such the following applies.

    * You may not demand any payment on the account, nor am I obliged to offer any payment to you.
    * You may not add further interest or any charges to the account.
    * You may not pass the account to a third party.
    * You may not register any information in respect of the account with any credit reference agency.
    * You may not issue a default notice related to the account.

    I reserve the right to report your actions to any such regulatory authorities as I see fit.

    You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

    Pleas supply me with a copy of your complaints procedure in writing.

    I would appreciate your due diligence in this matter.

    I look forward to hearing from you in writing.

    Yours faithfully
    Courtesy of Curlyben
    The person who has not made a mistake, has made nothing
  • ugly duckling
    • #6
    • 10th Nov 08, 1:39 PM
    • #6
    • 10th Nov 08, 1:39 PM
    Assuming this debt was taken out before April 2007 send this - from the template thread

    Quote:
    FORMAL NOTICE - ACCOUNT IN DISPUTE.

    Ref: ****************

    Dear Sir/Madam,

    Thank you for your letter of xx/xx/xx, the contents of which have been noted.

    You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

    On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

    On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

    To date you have failed to comply with these requests in any way.

    These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

    In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under Sections 77-79 of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

    Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.

    These limits have expired.

    As you are no doubt aware section the Consumer Credit Act states:

    If the creditor fails to comply with Subsection (1)

    (a) He is not entitled , while the default continues, to enforce the agreement.

    And

    (b) If the default continues for one month he commits an offence.

    Therefore this account has become unenforceable at law.

    Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

    Furthermore I shall counter-claim that any such action constitutes unlawful harassment.

    Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

    This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

    Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

    It is not sufficient to simply state that you have a legal right. You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

    Should you not respond within 14 days I expect that this means you agree to remove all such data.

    Furthermore you should be aware that a creditor is not permitted to take ANY
    Action against an account whilst it remains in dispute.

    The lack of a credit agreement is a very clear dispute and as such the following applies.

    * You may not demand any payment on the account, nor am I obliged to offer any payment to you.
    * You may not add further interest or any charges to the account.
    * You may not pass the account to a third party.
    * You may not register any information in respect of the account with any credit reference agency.
    * You may not issue a default notice related to the account.

    I reserve the right to report your actions to any such regulatory authorities as I see fit.

    You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

    Pleas supply me with a copy of your complaints procedure in writing.

    I would appreciate your due diligence in this matter.

    I look forward to hearing from you in writing.

    Yours faithfully
    Courtesy of Curlyben
    Originally posted by RAS
    Thanks very much - so do I send this letter 30 days after having no response from my initial letter asking for proof of the cca?
  • RAS
    • #7
    • 10th Nov 08, 2:17 PM
    • #7
    • 10th Nov 08, 2:17 PM
    The 12+2+30 day rule on criminal offence has gone. So this is the 12+2 day letter that could have been sent earlier.

    Send it off anyway.
    The person who has not made a mistake, has made nothing
  • ugly duckling
    • #8
    • 12th Mar 09, 11:15 AM
    • #8
    • 12th Mar 09, 11:15 AM
    Hi all just an update on this I have just this week recieved a letter from cabot with the CCA attached what I would like to know now is where do I stand on this?

    I asked them to provide the CCA in October 2008 and sent the template above letter requesting they provide the CCA within the 14 day timeframe but they have only just sent the CCA 6 months on.

    So what happens now they have the CCA can they enforce it after 6 months?
  • GeorgeUK
    • #9
    • 12th Mar 09, 9:21 PM
    • #9
    • 12th Mar 09, 9:21 PM
    Does the CCA have all the required terms on it?
    Does it have your signature (not required, just wondering)
    Does it have your name and address on it?

    As far as i am aware, if this is a properly executed CCA then it will be enforcable again. I'm not too sure if they need to go to court to enforce it or not as they took longer than the required 12+2 working days. Hopefully Rog2 will look in and be able to confirm. I think i read this in one of his posts - about whether a debt once unenforcable remained so even after a CCA was found until a court decided otherwise.
    After falling off the gambling wagon (twice): 33,600 (24,000+ 9,600) - Original CC Debt: 7,885.91

    Dad Gift 6k Savings & Inv Tst: 2,500
    Loan 10k: 0 Dad 5.5k: 2,270 LTSB: 0 RBS: 0 Virgin 0 Egg 0

    Total Owed: 2,270 (+6k) 11/08/2011
  • ugly duckling
    Does the CCA have all the required terms on it?
    Does it have your signature (not required, just wondering)
    Does it have your name and address on it?

    As far as i am aware, if this is a properly executed CCA then it will be enforcable again. I'm not too sure if they need to go to court to enforce it or not as they took longer than the required 12+2 working days. Hopefully Rog2 will look in and be able to confirm. I think i read this in one of his posts - about whether a debt once unenforcable remained so even after a CCA was found until a court decided otherwise.
    Originally posted by GeorgeUK
    Hi yes the cca does have my signature on it and address so was wondering if they could now enforce it even though they breached my initial request of the 12+2 working days - they sent the cca 6 months after the request?

    If they cant then they can go take a running jump but if they can enforce it then I suppose I better make an agreement before they take me to court to enforce by means of a CCJ which will probably be the next step.

    If anyone can answer the question of whether this is enforceable that would be much appreciated.
  • 10past6
    If anyone can answer the question of whether this is enforceable
    Originally posted by ugly duckling
    You need to scan and post it up for viewing, remember to remove personal details.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • ugly duckling
    You need to scan and post it up for viewing, remember to remove personal details.
    Originally posted by 10past6
    Hi I have scanned the cca how do I attach it to a post?
  • 10past6
    Hi I have scanned the cca how do I attach it to a post?
    Originally posted by ugly duckling
    You need to upload it via this site.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • ugly duckling
    I think I have done it.



    img253.imageshack.us/my.php?image=cabot.png

    you may have to put http:// before img253 to get it to work - it wouldnt let me add a link because I was a newish user
  • 10past6
    I think I have done it.
    Originally posted by ugly duckling
    No

    Follow these instructions

    Tinypic > Browse > double click the file depending where it's stored on your computer > Upload now > once uploaded, right click > copy the link stating > "Forums / message boards" come back and post the link
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • ugly duckling
    i44.tinypic.com/28iub0j.jpg

    it wont allow me to paste the full link because i am a new user

    I think that works though!
  • Lensman
    i44.tinypic.com/28iub0j.jpg

    it wont allow me to paste the full link because i am a new user

    I think that works though!
    Originally posted by ugly duckling
    Here you go...
  • ugly duckling
    Here you go...
    Originally posted by Lensman
    thank you!
  • 10past6
    Unusual for MBNA, but that looks an enforceable agreement, it contains the prescribed terms
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • 10past6
    they sent the cca 6 months after the request?
    Originally posted by ugly duckling
    You're legally entilted to with hold payment, the act is very clear, they have 12 days to comply, as they've breached that time-scale, you could ask a court whether they have the right to enforce the debt or not.

    It's for them to explain the delay.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
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