Cabot Finance

aj2703

Hi Everyone.

I have just recently become aware of the Request a CCA action i can take against companies who can't provide me with a geniune copy etc. Now i am fairly confident of what to do etc, but am not sure on a couple of points so hopefully you guys can help me out.

Point

1. If i have applied on-line can this still be done, i am not sure if on some i even signed paperwork but just filled it out on-line etc,

2. While i am awaiting the CCA to be sent do i still have to pay them or can i cancel payments and not pay until they come up with the CCA..?.

3. If i had a loan that i paid off with say a consoladition loan, can i clam the money back from the old company..?

4. Can i claim back for any money already paid plus interest if they cannot produce the CCA..?


Any help is appreciated Thanksyou..

aj2703

Anyone...?

methusala_2

Why stop paying because they can't produce a CCA. If you owe the money and they can't comply then use that default to repay the sum on your terms and not theirs. I have to say more and more people are using advice on this forum not as an aid to sorting their debts but as a way to avoid paying back money they borrowed and spent.
At the end of the day the credit companies are in this to make money and while YOU may not pay the money back, someone will, by having thier interest hiked to stupid levels.

dmd12577

firstly methusala, aj2703 isnt asking for the debt to be wrote off, they simply stated can they not pay till the CCA has been given to them and so aj2703 has the right to withold any payments if they like till the CCA has been found and delivered to them. Its up to Cabot being a debt collector not a credit company who has bought the debt from the original creditor to prove that the credit agreement exists and they have an obligation to provide such documents if requested and MUST put the account on hold till it does provide. Its not about avoiding paying back debts its about the rights of the consumer and if what they have signed is above board as most credit agreements are not worth the paper they are printed on them. I firmly believe that if someone has a debt, its for a reason, up to them if they wish to disclose but this day and age financial hardship avoids not many and if requesting a CCA gives them a little extra time to get back on their feet and sort their finances out while these companies try looking for the CCA, then why not give it a go, to answer aj's question:
1. depending when you took out the credit agreement and for what its for eg.catalogue then if its prior to april 2007 then all the rules of the consumer credit act 1974 still apply, if it is catalogue then most mail order companies send out with first order a CCA for you to sign but never chase it up and thats where certain rules have changed to online applications, i am not up to date on those, only prior to the new amendments.
2. you do not have to pay anything, you have the right to withold any payments till you receive a copy of CCA requested.
3.not sure on your 3rd point, try scanning through forum or go over to consumer action group
4.yes you can claim back but sometimes it may not be worth it, i do believe in asking for the cca if they can not produce it then its kinda at a standoff, to then go and ask for money back in my view maybe pushing it slightly but i have read that some people have asked for it back and that they got it too so depending on how morally you feel haha. hope this kinda helps a bit.

fermi

aj2703 wrote: »

1. If i have applied on-line can this still be done, i am not sure if on some i even signed paperwork but just filled it out on-line etc,

Yes. But the law changed in 2004 to allow agreements to be agreed or signed electronically online.

They will send you a copy of that agreement. As such, it is likely to comply with the regulations.

2. While i am awaiting the CCA to be sent do i still have to pay them or can i cancel payments and not pay until they come up with the CCA..?.

You can pay or not pay as you please. Probably best to carry on as you were until you have good cause not to.

3. If i had a loan that i paid off with say a consoladition loan, can i clam the money back from the old company..?

Nope. As far as I know.

4. Can i claim back for any money already paid plus interest if they cannot produce the CCA..?

A CCA is not about claiming back. There have been on or two people who have got some payments back, but that is by far the exception. You can ask, but unlikely to have any luck.

Any help is appreciated Thanksyou..

Hope that helps.

Hippocampus

methusala wrote: »

Why stop paying because they can't produce a CCA. If you owe the money and they can't comply then use that default to repay the sum on your terms and not theirs. I have to say more and more people are using advice on this forum not as an aid to sorting their debts but as a way to avoid paying back money they borrowed and spent.
At the end of the day the credit companies are in this to make money and while YOU may not pay the money back, someone will, by having thier interest hiked to stupid levels.

Quite why you imagine that the fact that debt purchase companies and their inability to collect on a percentage of the debts they buy will affect the interest rates levied by lenders is beyond my comprehension. Unless of course, you have an insight into the financial chicanery that is prevalent within the industry that is hidden from us mere mortals.

No? Didn't think so. Then until you have a grasp of even the most basic principals of how these things work, might I suggest you refrain from posting inaccurate sh1te?

Thank you.