CCA Returned by Cabot and BCW

Ruddockus

Dear Forum Fans,

I have CCA's 2 old debts I have from old Credit cards, 1 to Cabot Financial, the other to Buchanan Clark + Wells. I followed all the templates on here, sent blank postal orders. This was last week and they have not even had them for 4 days, I have received the following replies:

Cabot:

Dear xxxx

Your request for information under the consumer credit act 1974

Thank you for your request for information under the consumer credit act 1974. Cabot financial currently does not have this information on file. However, we have requested the relevant information under section 77 and /or 78 of the consumer credit act 1974 from the original lender.

Please be advised, we do not accept the statutory fee required under section 77 and/or 78 of the consumer credit act 1974 and we have returned the fee for £1 that you have snet.

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.

Contacting Cabot

If you have any queries about your account, please call one of our customer advisors on 08450260463.

Yours sincerely

Customer assurance team

Buchanan Clark and Wells:

Dear xxxxxx

Cabot financial Europe Limited 328811 £xxxxx

i write with regard to your recent communication concerning the above account.

I would advise that we do not hold a copy credit agreements at this office, as we are not the creditor. Under the cirumstances your postal order for £1 number 40320849, is returned herewith.

However, I would advise you that your account has been placed on hold and we have requested our client to send these documents to you direct.

Please do not hesitate to contact us on 08445714030 should you require any further assistance.

Your sincerely

David Smith.

Please do not be confused, the first letter is for a Barclaycard direct to Cabot Financial that is 6 years old and the BCW is a really old Barclaycard that got passed to Cabot and then onto BCW, if that makes any sense at all?

Do I just wait for the 12+2 and then cancel my DD's as the account is in dispute (this will be on the 17/09/09)

Are they just stalling, does it effect my request that they have not banked the £1 postal orders?

Some help from the forum experts would be great.

Feelingfoolish are you out there?!!? What would your expert opinion be?

Thanks as ever Forum Fan!

fatbelly

Ruddockus wrote: »

Do I just wait for the 12+2 and then cancel my DD's as the account is in dispute (this will be on the 17/09/09)

I would not trust either of these companies with a DD - I'd pay by standing order if I was going to pay.

If the CCAs do not exist then the debt is unenforceable and you have the upper hand. You may want to offer say 10% in full and final settlement or just try to get them to agree not to persue.

Bertram_2

They can do what they like with the £1 . You paid the stipulated statutory fee , and that letter is proof of it . Don't have to worry about the £1 now. All you do is wait the 12+2 days and then they are in default and can stop payments.

Even thou they are not the creditor , they are still obliged via Section 189 of the CCA 1974 to send it to you, and that is what they are in the process of doing , retrieving it from the OC . What they do with the £1 is internal policy , maybe to post it back to you , maybe to buy half pint of bitter in the pub.

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