Payments to DCA for another DCA but no CCA

reaver

Hi folks

I've been trawling through loads of great advice on here but I'm getting myself a little tied up on one of my debts and would appreciate some advice please.

I had a credit card with CITI (a Shell card) and was making normal payments up to 2009 when I started my DMP.
I was contacted several times by CDU UK (nasty, threatening, horrible people) who stated that they had taken over the debt and I have been making payments monthly to them.
About a year ago I received a letter from Cabot to state that they had taken over the debt. I contacted them and was told to keep making payments through CDU.
Last week I received a phone call from Cabot regarding a default letter they allegedly had sent me (they haven't) and I refused to speak on the phone to them and requested contact in writing. Nothing has arrived yet.
This prompted me to question why I am paying CDU if Cabot own the debt so I sent CCA request letters to both.
Cabot have come back stating that they don't have the CCA but have requested it and will reply within 40 days.

CDU have just emailed me stating this:
Thank you for your recent correspondence dated 13th May 2013 in relation to your Citi Card account now owned by Cabot Financial. Unfortunately we do not hold that kind of information and this would need to be re-requested directly with the original lender; both Citi Card and Cabot Financial will have this information.

This now begs my questions:
Why am I paying CDU???
Can I now refuse to pay CDU any more until Cabot send me the CCA?
Or should I request a refund of the payments I have made to CDU?

Confused....help!

happy_bunny_2

Hmm...

You need to find out if the money you have been paying CDU has been coming off the balance of the account.

It is the responsibility of the debt owner to get you the CCA. CDU are wrong telling you to go to the original lender, they are either being lazy of they know it might not exist.

1. Was the card taken out before April 2007? If so they need a valid signed agreement to get a CCJ.

2. What's the default date on your credit report?

3. Who reports the account to your credit report and when was it last updated?

If Cabot own it, its their responsibility to get you the CCA and as part of the same request to get you a statement of account.

It's up to you if you pay anything, but i wouldn't until I get the CCA or more importantly the statement. I would also not pay CDU as they do not own the debt.

reaver

Thanks Happy-bunny

1. No, it was taken out November 2007 (sadly)

2. September 2010

3. Cabot! Last updated April 2013 and shows the correct amount outstanding

happy_bunny_2

OK, then the CCA request still stands, but they don't need to be as diligent with the contents.

Ask for a statement also, mentioning that the OFT debt collection guidelines consider not providing one when requested unfair.

http://www.oft.gov.uk/shared_oft/consultations/OFT664Rev_Debt_collection_g1.pdf

From page 17:
"Examples of unfair or improper practices are as follows:
f. failing to provide debtors or their appointed representatives with information on the status of debts
For example, not providing balance statements when reasonably requested."


Also keep a copy of all their shoddy practices, letters etc, as if it does go to court you can prove what a**holes they have been and that won't look good on them.

reaver

Cheers Happy-bunny

Should I still pursue CDU for the CCA (and statement) then?
Or should I ignore them until Cabot reply again?

happy_bunny_2

As Cabot own the debt, go though them for CCA and statement.

No harm in a statement request to CDU also, to see what you paid and to compare against what Cabot send you.

Good luck

HB

chanz4

As its late 2007, not really much point in a cca as you know you took the card and they dont need the origional for court

rizla_king

Definitely still worth doing the CCA. Sanctions for non compliance with s78 still applies, even after 2007. While they can reconstitute from genuine records, they can't just make a CCA up that never existed, or one that was not what was issued at the time would still be in breach of s78.

reaver

Thanks folks!
I'm not disputing that there is a debt, and I'm happy to repay I just need to make sure that I'm paying the company who legally owns it now.
I'm stopping payments to CDU and will go direct to Cabot when they confirm the CCA.
I'll update when I get any further info.

reaver

Just an update:
CDU stated that they did not have the paperwork and told me to contact Cabot or the original lender! I sent them a default letter and they immediately sent me a reply saying they had closed my file and returned it to Cabot!! - score for me as I wanted rid of them from my files as they are really nasty people.

As Cabot replied to me request saying that they had requested the paperwork from Citi and would have that within 40 days I assume that I have to allow them the 40 days and not the 12+2 to come forward with the verification?

I have suspended payments pending Cabot's reply anyway.

Will keep you posted if anything else happens!

reaver

Quick update: as of 27th June Cabot have failed to supply anything and I have sent the 'now unenforceable, give me my money back' letter yesterday.
I await a reply with anticipation.
If they supply the correct paperwork I have no problem paying them again but not if they don't legally own the debt!