Payments to DCA for another DCA but no CCA

reaver

Ok then, no suprise that Cabot have not replied to my letter, what do I do next?
Is there a standard follow up letter or do I go to the Ombudsman?


This was the letter template I used:

I refer to my letter dated {enter date} which was delivered via Recorded Delivery to your offices on {enter delivery date}.

You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my letter of the {enter date} I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time {debt agency name} purchased this account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on {enter date} and {enter date} respectively.

As you are no doubt aware, Section 78(6) states:

If the creditor under an agreement fails to comply with subsection (1) -

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.

Therefore on {enter offence date} this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, i do not acknowledge any debt to {debt agency name}.

I require the following action from {debt agency name} :

1. All payments made to date to {debt agency name} for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by {debt agency name}. Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force {debt agency name} or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

I look forward to your reply within 14 days to resolve the matter amicably.

sourcrates

Hi,
Well if they don't respond to you the account becomes unenforceable by default, by not sending you the information you have requested. Its always worth doing a CCA request, even on later debts as remarkably, some companies still don't keep records as they should, they cant just make up an agreement if one doesn't exist, it has to be the agreement which was in force at time of signature, it does not have to have a signature, but the terms and conditions must be the ones in force at the time you signed, its up to you what you want to do if they don't respond, you could just leave it and see what happens, if another DCA contacts you regarding the debt just tell them that cabots in breech of a CCA request, that's a reasonable defence, otherwise you could pursue it via the financial ombudsman, but they would first expect the business in question to attempt to sort the problem first, so perhaps another letter to cabot may be in order, there are plenty of template letters on this site.

reaver

Aha! Cabot have replied at last!
They have initially quoted me sections 10(1) and (2) of the DPA (I assume in attempt to flummox me) then added the following statement:

"I note that you have requested the Deed of Assignment. This document is confidential between the original lender and us and as such, is not available for disclosure. However, the Notice of Assignment was originally sent to your postal address on 21 September 2010, which is sufficient evidence to justify our ownership of this account.
Unfortunately it appears that CitiFinancial are unlikely to be able to provide the requested documentation. Therefore I can confirm that Cabot Financial (Europe) Limited have taken the decision to no longer pursue collection of this account until this information is obtained in the future.
Please note that this decision is not to be confused or interpreted as a write-off of the outstanding balance on your account as the debt remains and we shall therefore continue to report to the Credit Reference Agencies accordingly.
Please find enclosed the Statement of Account as requested."

(The statement of account is just a letter confirming balance outstanding now)

Any thoughts on the following anyone?

1. Surely under the DPA I am legally able to see all data and information held about me?

2.Can I still request removal of their notes on my files as they are unable to prove that they are authorised to collect the debt?

3.... and can I pursue a refund of the monies that have been paid to them 'in error?'

Thanks
J

reaver

BTW, I don't recall any letter in 2010!

and I've just realised that they've piad the £1 that I sent with my initial request off my balance!!

rizla_king

Probably as good a result as you can expect.

happy_bunny_2

Complain, get them to remove the £1 of your balance. Reiterate that the CCA payment is not a payment towards he debt or the acknowledgment of any debt.

They do this to restart the statute barred clock. !!!!!!s!

DCAs are known for this, so I write CCA request on the cheque and put in the letter the cheque is to be used only for this purpose.

fatbelly

reaver wrote: »

Unfortunately it appears that CitiFinancial are unlikely to be able to provide the requested documentation. Therefore I can confirm that Cabot Financial (Europe) Limited have taken the decision to no longer pursue collection of this account until this information is obtained in the future

That is the result you wanted. I would leave it alone now rather than push your luck.

You've been making regular payments until recently anyway so what they did with the £1 doesn't matter.

That letter template is out of date btw.

reaver

fatbelly wrote: »

That letter template is out of date btw.

That's the one I found on here

reaver

happy_bunny wrote: »

Complain, get them to remove the £1 of your balance. Reiterate that the CCA payment is not a payment towards he debt or the acknowledgment of any debt.

They do this to restart the statute barred clock. !!!!!!s!
QUOTE]

I'll do that, thanks.
Can they still apply defaults each month to my credit file though?

happy_bunny_2

The account should have a default date on it. From that date, it will be recorded as in default every month until it drops off after 6 years from default date.

So while they can't get a CCJ, they are allowed to record a default as its factual.