Cabot

RAS

samma

Am very confused here

If you have sent a CCA request, then after 12 working days plus 2 days, Cabot cannot pursue you for payment, providing the debt is covered by the Consumer Credit Act - loan, credit card or catalogue taken out before April 2007.

The 30 day limit is no longer relevant, as the crime was abolished in April 2007.

40 days refers to the time limit for a Subject Access Request that costs £10.

Exactly what letter did you send for what debt?

samma_2

Thank you both for your replies
I agree with Hippocampus, I will let sleeping dogs lie

Ras..I have scanned copies of the letter and will try to upload them. I took templates from the letters on this forum and advice was that I had to complete the process, so that is what I have tried to do
Letters will be coming through asap

samma_2

I have found the thread by GeorgeUK that gives template letters. I used #5 & #6...but looking through the following threads it would seem that the templates are out of date!

Here is the link to the letters (#5 & #6)
http://forums.moneysavingexpert.com/showthread.html?t=963087&page=2

samma_2

Morning All
Events have moved on since my last post.
I have now received a CSA from CABOT and another letter advising me that they want me to contact them to recommence payments

I am not too sure about this as they did not send the documents in the required time limit if I am incorrect in this, please let me know?

I have added copies of the letter and agreement.
The only in writing request was made on 10 May 09, I did not send them a letter before that date about anything. They have bombarded me with phone calls through November therefore I changed my Telephone mumber so they cannot do so anymore.

Can anyone let me know if this is an enforcable agreement and that the letter is correct?

I am happy to contact them via letter about payments, but just want to know if the letters are the correct one.

samma_2

GeorgeUK

Hi Samma

That 1st scan that you posted - is it actually legible?
If not then it isn't a properly executed CCA.

Is it an application form, or does it contain all the prescribed terms?
Credit limit, APR, interest, repayment details etc?

SmudgeUK

from what i can read at he top it says:

YOUR PRIORITY APPLICATION FORM.

Hippocampus

Worthless piece of nonsense. Simply write back and tell them that the document they have supplied would be of no use to them should they seek to rely on it in court. And since they cannot therefore show to your satisfaction that the debt they are seeking you to repay actually exists, you will be suspending all future payments.

You might like to add in that, as a Gesture of Goodwill, you are prepared to write off all payments made to date, and ask that they show similar goodwill in acknowledging that they will not be seeking to pursue this alleged debt any further. But that you reserve the right to escalate the matter to the FOS if necessary. And that you will, of course, vigorously defend any action that they might contemplate.

They now know they don't have a leg to stand on, so don't let them bully you any more.

rebel2

I too was sent a faulty CCA by Cabot who then sent me a load of legal rubbish convincing themselves they are right!. Their alleged CCa is posted on here and it is quite clearly wrong,it is an application form with some elements missing.

Hippocampus

Cabot have had their fingers burnt before, I'm sure MSE will forgive me linking to this case under the circumstances...

http://www.consumeractiongroup.co.uk/forum/general/204926-just-back-court.html