cabot financial have replied to my prove it letter

atwitsend_2

I wrote on here previously that cabot had suddenly contacted me regarding an account they claim I owe http://forums.moneysavingexpert.com/showthread.html?t=2156823&highlight=cabot

So I sent them the prove it letter and received back:

In order to resolve this matter, we request that you provide us with proof of your address when the account was opened, namely 12th September 2005.
This can be a copy of a tenancy agreement or mortgage document etc


Do I have to do this? I don't think I have any paperwork dating that far back!

atwitsend_2

anyone know what the next step i should take?

clarab_3

I'm not an expert, but I think the burden of proof is on them to prove you owe it, not you to prove you dont, surely?

I'd sit tight.

atwitsend_2

clarab wrote: »

I'm not an expert, but I think the burden of proof is on them to prove you owe it, not you to prove you dont, surely?

I'd sit tight.

That was my opinion too :beer:

DarkConvict

No, you are not required to supply any details at all, they must do everything to prove you owe the money without doubt. Supplying details may even be seen as an admission of debt in some cases. Simply reply back with the following OFT guideline - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Deceptive and/or unfair methods
2.7 Dealings with debtors are not to be deceitful and/or unfair.
2.8 Examples of unfair practices are as follows:
j. requiring an individual to supply information to prove they are not the
debtor in question, for example, driving licences, passports, full name,
date of birth, signatures

atwitsend_2

Shall I write them a letter saying to refer to the OFT guidelines and what they are doing is not allowed?

atwitsend_2

I have drafted a letter stating the guidelines..

I write in reference to your letter dated 31st December 2009, in relation to my reply regarding the above account debt.

I would like to refer you to the OFT guidelines, which I have enclosed for your reference. In particular,
Section 2.8

‘2.8 Examples of unfair practices are as follows:
j. requiring an individual to supply information to prove they are not the
debtor in question, for example, driving licences, passports, full name,
date of birth, signatures’

I would once again ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.!

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.!

I look forward to your reply.!

does this seem ok? should I put that they are breaking OFT guidlines? what would be the next course of action? obviously I have take the last couple of paragraphs from the prove it letter and repeated myself
any input gratefully recieved!

blueback

DO NOT GIVE THEM THE ADDRESS

This is one of the requirements of Judge Wakemans findings in the High Court last month that will make a reconstituted copy agreement enforceable in court

My advice is ignore them, let them default and forget it

DVardysShadow

atwitsend wrote: »

I have drafted a letter stating the guidelines..

Quote:
I write in reference to your letter dated 31st December 2009, in relation to my reply regarding the above account debt.

I would like to refer you to the OFT guidelines, which I have enclosed for your reference. In particular,
Section 2.8

‘2.8 Examples of unfair practices are as follows:
j. requiring an individual to supply information to prove they are not the
debtor in question, for example, driving licences, passports, full name,
date of birth, signatures’

I would once again ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.!

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.!

I look forward to your reply.!
does this seem ok? should I put that they are breaking OFT guidlines? what would be the next course of action? obviously I have take the last couple of paragraphs from the prove it letter and repeated myself
any input gratefully recieved!

They are asking you to prove your old address, notionally to show that your are entitled to the info on your debt. I think you are going off at a tangent quoting the OFT guidelines for dealing with someone who claims not to be the debtor.

But if you are out to confuse them.....

DarkConvict

But it is upto them to prove they have the correct person, as the debtor you are not obliged to give out your address, date of birth etc. What they can do is state we believe you owed £x with creditor y, around these dates and at the time you were at address z. That then puts the onus on the debtor to either look into it further or state the details do not match.

atwitsend_2

I certainly wasn't going to give them the address of where I was living, and I certainly don't have much proof! So should I reply or not?