Cabot say they didn't receive my CCA request!

st.tedlo

Hi ~

I have received a reply today from Cabot. Stating that they were replying to my second letter to them (CCA 2 template letter) as they have checked and noticed that they have not received my first CCA letter, which incidently was sent recorded with the £1.00 postal order.

They are telling me now that they will supply the CCA but it may well take longer than 12 working days, althought they will keep me updated!

They have also stated that failure to produce a CCA in time does not affect the legality of my debt with Cabot it merely renders the credit agreememnt unenforceable until the agreement can be produced.... help I am so confused!

At this point all I know is that they are referring to a debt with Cahoot from a long time ago, although I fear it is just within the statute barred 6 years, but only just I suspect.

Can anyone tell me what to do next. As it seems that my requests for within time scales are simply being ignored and they can just basically reply when they want?

Many thanks

DGJsaver

st.tedlo wrote: »

They are telling me now that they will supply the CCA but it may well take longer than 12 working days, althought they will keep me updated!

They have also stated that failure to produce a CCA in time does not affect the legality of my debt with Cabot it merely renders the credit agreememnt unenforceable until the agreement can be produced....

Leave them well alone from now on...........they have more or less told you that its unenforceable...

Post back if you receive any more letters , with what they say

Hannah_10

Unenforcibility is a legal issue! The word iteself is short for can not be enforced by a court of law!

I used to have an evil ex called David, who's life moto was "bullsh*t baffles brains". Nice to see he's got a real job now then! :rotfl:

They're doing a David mate. Talking you round in circles until your head hurts. This is part of the reason the golden rule is "everything in writing" (ie don't phone). The adendum to the golden rule is "send it signed for and trace it to check it arrived" so the lying bast*rds can't deny they got it.

Tixy

You say you don't know the details of the debt just that it is from cahoot from years ago.

Did you send a prove it letter? This should really be sent before you send a CCA request.
A prove it letter asks them to prove that you owe the money, and in doing so you would then usually find out what the date of last payment or acknowledgement would have been. This will then allow you to consider if the debt could be statute barred. All this would normally be done before you get to the stage of a CCA request. If they cannot prove you owe it, or its SB then any CCA would be irrelevant anyway.

st.tedlo

Hi ~ many thanks for your advice. I didn't send the prove it letter. To be honest I was in panic mode and have obviously got a bit confused with the order of what to do and when! Is it too late to send one now?

Perhaps I need to do nothing and see what happens next?

st.tedlo

Hi Have re-read the letter again I think I should quote a couple of paragraphs to be sure...

" Please be advised, that the failure to provide a copy of your agreememnt in time does not effect the legality of your debt with the Cabot Financial Group but merely renders the credit agreement unenforceable until such time the greement can be produced.

It has been well established in English Law, that "enforcement constitutes obtaining judgement in court. The reporting of a default entry to the credit reference agencies or cabot cabot requesting repayment of your account does not amount to enforcement. We therefore still recommend that you contact us to make repayments to your account and upon receipt of the relevant documentation we will supply you with the same."

It may aswell be latin to me!!

Hannah_10

It may aswell be latin to me!!

That's the whole point, David has been drafting the letters I see. They are designed to confuse you. I know what they're saying and they are confusing me as to how or where to even start picking the truth from the smoke there, so I am not going to.

How to deal with a David is not to get suckered into the games and the fog, to keep playing a totally straight bat. Also use as few words as you really have to.

So, back to the straight and narrow again... Prove it letter, by signed for post. See what that brings you back. Another important thing about Davids is not to let them run rings round you by making anything more complicated that it is, stick to the simplest possible condensement of the situation, which is this... They need to prove you owe them. So lets see what they've got.

DGJ by the way is spot on. Them playing games with smoke and mirrors is strongly suggesting they haven't got anything solid.