Totally Stuffed By Cabot Financial - What Next?

moggins

I sent off the letter requesting copies of the original loan agreement and details of when it was sold to Cabot etc enclosing as advised a £1 postal order for admin fees.

However this morning I have got a letter back from them thanking me for my payment and would I please get in touch to arrange a regular payment schedule. I've checked the previous balance of the debt and they have taken the £1 as payment off it.

I've now got an appointment for CAB as I just feel I am banging my head against a brick wall with them but this isn't for two weeks. The lady I spoke to at CAB advised me to just ignore the letter but surely if I let them get away without sending me the details and allowing them to take this £1 off the debt I am admitting liability which I don't want to do as my ex-husband is tearing his hair out trying to arrange a payment schedule with them and they won't have anything to do with him because his details were never passed on to them when the debt was sold.

Should I write to them again not enclosing a postal order this time? Or should I wait until I have seen CAB?

lynzpower

Could you do a DPA request instead, that will cost a tenner, and if they take it off the debt you can compliain to the information commissioner

moggins

Thanks lynz but I don't know what a DPA request is. I know I must sound like a right muppet but the only reason I am having to deal with these people is because they insist that XDH never took out the loan only me.

amosworks

Hi moggins,

I too have had problems with Cabot and have made the CCA request. They did reply to mine with the information so far, except they have yet to send the original credit agreement and the deadline has expired which I believe means that they have a month to show it to a court or something to continue pursuing the debt, am still looking in to that.

My initial reply from Cabot was from the Operations Manager named Karen George. She wrote to say that Sue Pratt (Customer Assurance Officer) would be replying to my request within 10 days.

Their address is 10 Kings Hill Avenue, Kings Hill, West Malling, Kent, ME19 4LT if that's of any help. I would CC your letter to Karen George and see what happens, but of course without another £1 PO. I'd be interested to see a copy of your letter and to know who you sent it to, maybe I can help.

Cheers,
Amos

CLAPTON

i dont know what the original problem was..presumably there was a previous thread somewhere, but i am assuming you are disputing the debt?


if that so then i assume you have written asking for the signed credit agreement which they haven't supplied. You of course sent your request by recorded delivery.

definitely write again, pointing out a. you dispute the alleged debt, b. they haven't sent you a signed copy of the credit agreement as requested,
c, remind them that under the consumer credit act 1974 that failure to send the document is a criminal offence, d, the £1 sent by you was not a payment to the alleged debt but was the statuary fee payble under the act, e, unless they reply with the documents within 12 days you will complain the Trading Standards and the Financial Ombudsman service

obviously send it my recorded delivery...you may wish to send a copy of your original letter

best of luck.

moggins

Thanks amos I only had the address which is on their letters so I had to send it to that one, I will definitely CC the next letter, this is the letter I sent obviously missing out personal reference numbers.

I require you to supply the following documentation before I will correspond further on this matter.

1.. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) – your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, P O serial number

• A signed true copy of the deed of assignment of the above referenced agreement.

• You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non Compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

Take note at this stage that any legal action you may contemplate will be both vigorously defended and contested.

Yours faithfully


Clapton I am not exactly disputing I owe the money as such, I admit that I did sign the loan agreement with my ex-husband but under the terms of the divorce we split the debts and this was one that he was paying directly from his salary, since then it has been sold on twice and the last time it was sold only my details were passed on.

So we are left in the position that they are chasing me who has no income but the house, which has since been remortgaged by my current husband and myself, and they are completely ignoring any communciations from my ex-husband who is more than willing to pay it and is also anxious to find out where all the money that has been going from his salary has actually gone too.

amosworks

Here's a thread on the CAG forum you may enjoy, it relates to the process you and I are both going through, HTH
When an account has been sold on...

moggins

Thanks for those links Amos, I will be rattling off another letter tonight and see what happens then, I saw on those sites that they can't take any further action until they have produced the information so I'm looking forward to this now