Cabot and CCA's

pepe2008

d0nnyoz wrote: »

How would I know if its a legal and correct CCA response?

Worry about that IF on returns up! But I bet it wont!!!

10past6

d0nnyoz wrote: »

"Cabot Financial 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.".

Write back to them and ask the which part of the act they're referring to? the onus is on them if they're dealing with your debt.

d0nnyoz wrote: »

"They also sent my £1 fee back stating they do not accept the fee, which is nice of them!.

Sounds like they don't have a valid CCA then.

d0nnyoz wrote: »

"Also, regarding the 12 days timeframe, is this 12 working days? Over the Christmas and New Year holiday period, the 12 days can turn into a long time. I sent the letter on 29th December and their reply is dated 30th December.

It's 12 working days plus allow 2 for postage.

d0nnyoz

Thanks all for your advice.
12 working days from the date of my letter (29th December) means 14th January. Plus 2 days for postage means 16th January. Is that about right?

Also, from the sound of things on here, Cabot may not even furnish this information. Right?

banana1975

I also have just received a letter back from Cabot in regards to an old RBS Credit Card with exactly the same response from them.

I also asked them for a letter advising that they had taken over the debt as for at least 18 months I was paying another debt collection agency and it was transferred to Cabot with no warning. They have written to me with a very vague letter stating that they cannot produce this information. They also wrote to me at first to my Mums address which I have not lived in for 4 years!

Where do I stand if they cannot send this letter out to me to advise they have taken over the debt and also once I have waited the 12+2 days waht will I need to do??

Strange they have also sent me a budget sheet today to work out how much I can pay them each week/month. Should I hold on to this until they have sent out the CCA?

d0nnyoz

The saga continues with Cabot.
I have received today a letter from them that states "although Cabot have requested the information, the original lender is experiencing a delay in retrieving the information from its archives. We shall send the information as soon as we receive it"

They have also stated that as a gesture of goodwill they have put my account on hold uuntil they receive further communication from the original lender. Nice of them! ;-)

Now, I think there are a couple of points here.
1. My impression is that they think they're not bound by all this CCA stuff and are just going through the motions, and it will take however long it takes.
2. They have already sent me a previous correspondence (not related to the CCA request) about them taking on the debt and the title and adding interest at the rate of the original lender. I would say that is an admission that they now own the debt. No?
3. With that, it is now their responsibility to furnish the requested information (however they care to do that) and do that within the legal timeframes.
4. I wonder rate of interest they are adding to the debt as it seems that there is no documentation to prove what the original lender rate was.

What would be my next step?
Tomorrow (16th) is the limit for providing the CCA information. If this doesn't come through (and I suspect this will not happen), do I just carry on with the normal process of sending them the next stage letter?

As ever, your advice and suggestions are greatly appreciated.

oasisfeverish

d0nnyoz wrote: »

The saga continues with Cabot.
I have received today a letter from them that states "although Cabot have requested the information, the original lender is experiencing a delay in retrieving the information from its archives. We shall send the information as soon as we receive it"

Standard response templated letter.

d0nnyoz wrote: »

They have also stated that as a gesture of goodwill they have put my account on hold uuntil they receive further communication from the original lender. Nice of them! ;-)

They have no option but to do this as account now in dispute until CCA produced.

d0nnyoz wrote: »

Now, I think there are a couple of points here.
1. My impression is that they think they're not bound by all this CCA stuff and are just going through the motions, and it will take however long it takes.
2. They have already sent me a previous correspondence (not related to the CCA request) about them taking on the debt and the title and adding interest at the rate of the original lender. I would say that is an admission that they now own the debt. No?
3. With that, it is now their responsibility to furnish the requested information (however they care to do that) and do that within the legal timeframes.
4. I wonder rate of interest they are adding to the debt as it seems that there is no documentation to prove what the original lender rate was.

1. Crapbot try to claim and use the Property Act 1925 applies to them and therefore do not have to provide a CCA = WRONG!
2. Any DCA who pursues a debitor is classed as a creditor and has the rights and duties of that debt and therefore has to produce a CCA when requested.
3. Failure to produce the CCA within 12+2 only means that a debitor doesn't have to make any payments until a enforceable CCA is produced, nor can the DCA take court action. However should a DCA produce a enforceable CCA 12 months later, then they can request payment or take court action, as long as the debt isn't statute barred.
4. The interest rate would be on the CCA, should they ever find it.

d0nnyoz wrote: »

What would be my next step?
Tomorrow (16th) is the limit for providing the CCA information. If this doesn't come through (and I suspect this will not happen), do I just carry on with the normal process of sending them the next stage letter?

Two choices, 1) do nothing, just sit and wait, keep any further documentation received from Crapbot as evidence until a CCA ever turns up. As continued requests for payment once an account is in dispute can be reported to the relevant bodies. Or 2) there is a template that advises the DCA the 12+2 have passed and therefore any further requests for payment whilst an account is in dispute will be reported.

Personally I would do nothing, why waste another stamp and recorded service to tell them something they already know but choose to refuse. Let them hang themselves by being idiots.

As ever, your advice and suggestions are greatly appreciated. [/quote]

d0nnyoz

Ok, thanks. I think I just sit it out.
What happens if they don't produce a CCA? I've read something about an additional 30 days and they commit an offense??
And I can then request all sorts of things from them including a request for a refund of all payments made to date plus interest (to the DCA), deletion of all default entries (I assume this means at Credit agencies?), and compensation under section 13 of the Data Protection Act (eh?).

Here's a link to a template letter I'm referring to.
http://forums.moneysavingexpert.com/showpost.html?p=11635955&postcount=7

oasisfeverish

d0nnyoz wrote: »

Ok, thanks. I think I just sit it out.
What happens if they don't produce a CCA? I've read something about an additional 30 days and they commit an offense??
And I can then request all sorts of things from them including a request for a refund of all payments made to date plus interest (to the DCA), deletion of all default entries (I assume this means at Credit agencies?), and compensation under section 13 of the Data Protection Act (eh?).

Here's a link to a template letter I'm referring to.
http://forums.moneysavingexpert.com/showpost.html?p=11635955&postcount=7

The 30 day rule doesn't apply anymore. The regulations were amended last year and that clause removed.

As for reclaiming payments already made, interest, deletion of entries and compensation still stands. Although you would more than likely have to go through the court to get any of them actioned. And that may make the DCA try that little bit harder to 'find' the CCA from the OL.

Some would say it's better to not have to pay anymore on the debt and leave it at that. And just request that default entries are removed with all CRAs. Other would say, why should we continue to let the DCAs act illegally in the pursue of debts that they have no right to collect on can claim for everything we can.

d0nnyoz

Hi
Stangely, I've just received another letter from Cabot stating that the "original lender" is experiencing delays in obtaining the information from their archives!
They go on to mention that they know 24 days have passed (where does that figure come from??). They also state that they will "remind the original lender that my information remains outstanding and should be processed as a matter of urgency".

So firstly, can someone please clarify the 30 day rule?
I note from the comments above from oasisfeverish that this doesn't apply anymore.
If not, what further action can I take and what are my rights here?
I'm not sure I understand the term "unenforceable". I know in the true sense of the word it means that Cabot can no longer demand payment, but what extend meaning does this have? To be blunt, does it mean I can refrain from payment forever?

Thanks for your advice ...

RAS

d0nnyoz wrote: »

I know in the true sense of the word it means that Cabot can no longer demand payment, but what extend meaning does this have? To be blunt, does it mean I can refrain from payment forever?

Thanks for your advice ...

Yes

If you already have a default on this account, they can do nothing to further harm your credit rating and if you stop paying they cannot take you to court. So continued payment is entirely up to you. Some people do but insist on paying what they can owe, other stop paying and others just use it to stop them going to court.

Personally I would send the 12+2 day default letter as this advises them that they cannot transfer the debt or any information pertaining to it to another DCA. If they do so, there is a stinker that gives the new DCa little option but to refer the debt back to crapbot.