CABOT Bully boys

MONTY_2

I had a credit card back in 1990's and when I moved out and contacted them to give my new address. I ran out of the payment slips and they never contacted me at my new address or my old address. I then moved away again but my ex still lived at the original address and did not forward me any correspondance from them. So I forgot about it.

I then recieved a letter 13th September 2006 from a Cabot Financial stating that they have brought the debt on 02 April 1997. The default date was 19 October 2001 and the default balance £3533.00. They wrote to me requesting £5,539.45 stating they added interest and charges. I have made payments of £20 / month for the first year and £25 / month for the second year. I have paid back £515 but thay have continued to charge me and I now owe £5924.73.


I have requested a subject access request and they have not provided me with any details of the charges or interest.

I have then come onto the website for help. I sent them a request under the Consumers Credit Act for a copy of my CCA with them and also a statement of the payments and charges, Using the standard form, as I have not signed an agreement with them. They have not provided me with a copy of the CCA or they have not provided me the statement with details of any charges or interest that they will apply.

They have replied with:

The Cabot Financial Group is not obliged to provide this information but we are pleased to help and have already requested the documentation for you from the original lender. They also returned my fee.

There is also no records of the original default on my credit files on experian and equifax. Looking at the forum this company has done this type of thing with bully boy tactics to other users.

Q. Can Cabot enforce the original agreement after so long?
Q. I guess the letter I recieved where they state they have no obligations to send me the information is not correct and they have a legal obligation to do so?
Q. What is my next step should I write to them stating I will not make anymore payments?
Q. Is this a stautory debt?

pepe2008

If there has been a six year gap between their recent communication and the last payment/comm then the Account could wellbe statute barred.

Who added the charges and interest, the OC can...but the DCA normally cant.

Check out the Stat Barred status....as long as the matter has not been decided in Court, this should apply.

davek1

Hi Monty

1: Without a signed and correctly executed credit agreement under the consumer credit act they can not pursue this debt. The debt doesn't go away just means they can't enforce it

2: Whether they are the original creditor or not they have a legal obligation to provide you with a copy of a correctly executed credit agreement

3: They have 12 days plus 2 to respond to your original request by providing you with a copy of the agreement. Then after a further 30 days they will be in default of the act and be committing an offence.

Personally i would write to cabot telling them you do not acknowledge a debt to them (templates available on here) and that you will be making no further payments until they can prove that you owe the debt.

Additionaly the OFT guidance says that whilst a disput is in place all collection activity should cease.

The onus rests with them to prove you owe the debt.

Further if you have made a valid application under the DPA enclosing £10 and they have npt complied with your request then you should complain the the Data protection registrar

Dave

MONTY_2

Pepe2008 I started making payments in January 2007 and the account default date (information from Cabot!) was October 2001. It was such a long time ago but I would have thought the original default on the account must have been back in 1997

MONTY_2

The charges and interest was put on by Cabot and not the original cc company The Associates. All £2200 of it which it what I really object to. I do not mind having to pay back what I originally owed £2800 but certainly not £5950. And they keep adding interest.

Hippocampus

Don't pay them anything then. There won't be an enforcable agreement, and even if there was, I doulbt they have been adding interest at the original rate. And they are not allowed to charge more interest than the original creditor was doing.

After all this time, I can't see there being any sort of an agreement anyhow. Tell them to shove it. They conned you into restarting your payments after the debt was time barred, so !!!!em says I.