CABOT - What Now! Help Please.

Channing

I requested both a CCA and all details held on my file under the Data Protection Act from Cabot on Thursday (Letters were sent by Registered Post and in seperate envelopes and had the £1 and £10 postal order enclosed respectively). I should mention that I have previously requested the information on several ocassions but not in official format as far back as 2008. In Febuary of this year I agreed to up the payments from £3.50 a month (which I had stopped paying as I never got the info requested and had several letters with vastly varying amounts as to the actual amount owing - standard type letters requesting payment) to £30 a month but again stopped paying as they still failed to give me a statement and seemed to just ignore my letters. I also have received a few letters offering quite different offers of a final amount if I settle in full in the past two years. I have also received an email and a letter saying that someone will visit my home address to recover the debt and need to respond to this.

Now this morning I received a response which I am not sure where it leave me and could do with any help on what I do next and the implications are. It goes as follows:

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 that 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 £1.00 that you have sent.

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 the information within those time limits, we will write to you again.

Does this mean that Cabot can get out of them providing me with the info within the given time scale and therefore still persue the debt. Or does this give them more time (I have seen on one post that it took them several months before they sent the Credit Agreement) to get it to me. Do I need to send any form of response and if so what.

Please help.

WRINKLES

Channing wrote: »

I requested both a CCA and all details held on my file under the Data Protection Act from Cabot on Thursday (Letters were sent by Registered Post and in seperate envelopes and had the £1 and £10 postal order enclosed respectively). I should mention that I have previously requested the information on several ocassions but not in official format as far back as 2008. In Febuary of this year I agreed to up the payments from £3.50 a month (which I had stopped paying as I never got the info requested and had several letters with vastly varying amounts as to the actual amount owing - standard type letters requesting payment) to £30 a month but again stopped paying as they still failed to give me a statement and seemed to just ignore my letters. I also have received a few letters offering quite different offers of a final amount if I settle in full in the past two years. I have also received an email and a letter saying that someone will visit my home address to recover the debt and need to respond to this.

Now this morning I received a response which I am not sure where it leave me and could do with any help on what I do next and the implications are. It goes as follows:

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 that 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 £1.00 that you have sent.

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 the information within those time limits, we will write to you again.

Does this mean that Cabot can get out of them providing me with the info within the given time scale and therefore still persue the debt. Or does this give them more time (I have seen on one post that it took them several months before they sent the Credit Agreement) to get it to me. Do I need to send any form of response and if so what.

Please help.

You do not need to do anything else wait the alloted time see if they send anything , if they do or if they do not , post back here for more advice . Keep all letters from them including envelopes , do not speak to them on the phone or answer emaills ,

Channing

Thanks for the advice, but what if they send someone to my house in the meantime - what do I do then?

DarkConvict

You can stop them from ringing or sending people to your house, look at template letters 27.1 to 27.6 - http://forums.moneysavingexpert.com/showpost.html?p=33791363&postcount=2

They do not have to accept the £1 fee, it is the maximum they can charge. If they do not accept it they must return the funds to you and still carry out the CCA request.

sofababe

I have just had the same letter after requesting the CCA last week but also in the same post delivery I received a letter from Cabot telling me my account will be passed to another agency for collection or to their pre-litigation dept for a CCJ. While this itself doesn't worry me (I'm no longer scared of these bullies) I'm wondering if they are supposed to stop hassling me while the CCA is in dispute. BTW the letter threatening legal action has the balance stated in 2 places on the letter and they are different amounts!!! Are Cabot idiots? (rhetorical)