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  • DarkConvict thanks so much for this! This is exactly what I've been looking for, just finishing the letter now. I'll update this post with Cabot's reply.
  • Ok quick update Cabot have got back to me and have said that what the OFT say doesn't apply as they're charging interest. Are they allowed to charge this without me signing any agreement with them?
  • DarkConvict
    DarkConvict Posts: 6,347 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Cabot can only charge interest on what is stated on the CCA, if the CCA states the interest is not transferable then it cannot be charged by cabot.

    The OFT are indeed guidelines not law, but that doesn't matter as the terms of the CCA are legally binding. Charging interest where the agreement does not allow it, is not allowed.
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
  • thanks for the reply i'll check the CCA tonight, although I'm sure it has a part about transferring the account :(.

    On a separate note I sent them the 'please freeze the interest' letter from debtline, all my other creditors are indeed freezing the interest, the amount I can afford to pay towards the debt is less than the interest they are charging, is there any law that will force them to stop the interest as this debt will continue to increase even though I am trying to pay it off?
  • Hippocampus
    Hippocampus Posts: 194 Forumite
    If your agreement IS unenforcable, then S127(3) of the CCA 1974 applies.

    Cabot may try to tell you that this was repealed with the 2006 amendments, but as regards that section, it is NOT retrospective. So pre April 2007 agreements are still covered by the old legislation.

    Sounds like Cabot are screwed yet again.
    Cabot can now kiss my DONKEY. Statute barred is enough of a result, but the actions of the CABOT FAN CLUB have cost them far more than the paltry sums they were chasing us for. :beer:
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