Advice on Cabot's first response to CCA 12 + 2 -day letter

stugall

Hi all

I have several debts which were sold to, assigned by letters to and managed by Cabot, and make payments each month to them by direct debit following voluntary agreements set up with them which were al accepted.

One is ex-Barclay, two are Halifax (both were with Blair OLiver and Scott).

I wrote to them asking for CCA's on all three, enclosing three standing orders.

They returned the standing orders to me with the following letter:


YOUR REQUEST FOR INFORMATION UNDER THE CONSUMER CREDIT ACT

We acknowledge receipt of your request under sections 77 and/or 78 of he Consumer Credit Act 1974.

The Cabot Financial Group is not obliged to provide this information but are pleased to help and have 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 of £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.

Can anyone advise:

a) does Cabot have these CCA's and are they responsible for generating them ?

b) in the event of them not having them and/or ''stalling", what
should I then do please to avoid the ''we are still waiting........" scenario?
Do I use this as a ''bargaining'' tool fo offer a full and final settlement, or do I write to the ICO, copying in the relevant documentation and evidence which I have kept?

Any advice gratefully received !
Thanks
SWE

fatbelly

In the Consumer Credit Act 1974 section 189 there are a lot of definitions of the terms used in the act. You should note that:

"creditor" means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor

They clearly are obliged to comply with sections 77 & 78, meaning that the debt is unenforceable if a copy of the executed agreement cannot be found.