replies to cca requests

gixxersixx

Hope someone can help please. I dont have access to a scanner at the mement so i have re-typed the body of the letters I have received.

both are letters for cca requests for credit cards.
1st is Cabot financial 2nd is Activ Kapital, both say pretty much the same thing

Cabot
Your request for information under the Consumer Credit Act

We acknowledge receipt of your request under sections77and/or 78 of the consumer credit act 1974.
The Cabot Financial Group is not obliged to provide this information but we are pleased to help and gave already requested the documentation for you from the original lender.
Cabot Financial does not accept the statutory fee required under section 77 and/or 78 of the Consumer Credit Act 1974 and as a result Cabot has returned the fee for £1.00 that you have sent.

What happens next
We anticipate that we will be able to provide this information within 12 days. In the event we are unlikely to obtain this information within those time limits, we will write to you again.


Aktiv Kapital

We acknowledge receipt of you request for information under the Consumer Credit Act 1974, however, we are not the original creditor nor did we provide you with the original credit facility. We purchased your outstanding debt balance and the right to collect that ballance, together with the right to apply interest in accordance with your original Credit Agreement (where appropriate). We did not purchase your actual Agreement, consequently we have no obligation to provide you with a copy of that Agreement.

However, as a matter of good practice, we have sought to obtain a copy of the original Agreement and statements from the original creditor and if it is available we will forward a copy to you as soon as possible.

Please note that if the original creditor is unable to provide a copy of the agreement or statements that does not mean that we have no right to continue to request payment of the outstanding balance.



Are they correct they are not obliged to provide a copy of the agreement and do they have a right to continue to request payment if they dont provide the cca

Thanks in advance

GeorgeUK

They are obliged to provide a copy of the agreement - it is a legal requirement.

that does not mean that we have no right to continue to request payment of the outstanding balance.

This statement however is factual - they have the right to request payment. What they cannot do however is enforce the debt as it is in dispute and while it is in dispute, they cannot add interest (where appropriate or otherwise).