Cabot and CCA's

d0nnyoz

I had realised they were in default, but there is a lot of advice on this board about another 30 days? I'm not sure what that refers to. Can you enlighten me?

Also, why are they sending me relatively nice letters?
Their tone has certainly changed and they've now written to me about 3 or 4 times since my request, all very amicable.

10past6

d0nnyoz wrote: »

there is a lot of advice on this board about another 30 days?

The 30 days no longer applies, it's now 12+2

d0nnyoz wrote: »

Also, why are they sending me relatively nice letters?

They want your money, simple as that

d0nnyoz

I have to resurrect this post I'm afraid as I have now received another letter from Cabot out of the blue, some 9-10 months after my CCA request.

A brief summary of what has happened on this account.
I sent them a letter last December 2008 requesting my CCA and after several (nice) letters they basically conceded that they didn't have it although they were continuing to pursue the original lender (Citi).

I have now received another letter dated 8th October referring to my letters of 30th Dec 08 and 5th February 09 (CCA requests basically).
They say they are still awaiting the information from the original lender.

Then they go on to say that Citi have provided Cabot with copy statements (they're not actual copies of statements, just copies of payments towards an account with my name on it).
They say the statements clarify the outstanding balance that was assigned to Cabot and "clearly detail repayments that I (sic) have previously made towards my debt, which constitute a clear acknowledgement of my responsibility to repay the debt."
They also state that they have enclosed a Cabot statement of account which also details the repayments I have made to Cabot since their ownership of the account.

Finally, they state that "Cabot is of the opinion that I have been provided sufficient evidence that the account exists".
I must therefore contact their collections department within 14 days to make arrangements to settle this account.
"I trust we have set our position clearly" is their final word.

OK, what do I do now?
I'm thinking I have two choices:
1. Ignore the whole thing as they have failed to provide the statuary information requested under the Act, or
2. Write back to them to remind them of their responsibilities.

Any advice?

d0nnyoz

Sorry to bump this up again, but does anyone have some advice on how to deal with these guys?

I feel they are just trying it on!

10past6

d0nnyoz wrote: »

Write back to them to remind them of their responsibilities.

Write back to them heading your letter “Formal Complaint” stating you made a LEGAL CCA request, nowhere within the act does it state they can pick and chose what information they wish to send, give them 14 days to comply, stating if you don't receive a satisfactory response, you will raise a complaint with the OFT, and no further correspondence will be entered into.


If they fail to respond satisfactorily, you MUST raise a complaint with the OFT.

Hippocampus

Despite their bluff and bluster, the point isn't that an account ever existed. Rather, the argument in court would be, the debt is completely unenforcable.

Cabot have been emboldened by at least one win, where the Judge asked the defendant if he owed the mony. "Yes, but..." says the defendant. So judge ruled in favour of Cabot.

You MUST realise that you are not denying that an account existed. And you are neither admittiing or denying that a debt may or may not exist. You ARE denying that, if a debt DID exist, without an agreement the hypothetical debt would be unenforcable. And a judge is precluded from declaring it enforcable by virtue of Section 127(3) of the Consumer Credit Act 1974. A section which was NOT repealed retrospectively by the 2006 amendments.

d0nnyoz

Thanks Hippo, but I'm not quite sure what you are saying.
Is the advice you have given in my favour or not? I'm slightly confused by your response.

Hippocampus

In your favour. But don't let THEM try any trickery to confuse you and frighten you into a payment.

chappers

Stick to your guns if they cannot supply the original CCA then the debt is un-enforceable.
Write to them reminding them of this and say that you will make no further payments until the CCa is provided.

d0nnyoz

What slightly concerns me is they just make up a CCA, like someone else did for a Sainsbury credit card. The CCA was just a printed agreement with my name attached to it and no signature. They said they didn't need to provide the original but I think the original needs to be produced if it ever went to court, yes??

Anyway, that Sainsbury's one went away but I'm concerned that Cabot will simply 'produce' one and I will then wonder what my response will be??