Cabot cant provide original documents

SussexSteve45

Hi folks.

Just seeking some advice on an alleged credit card or loan debt that Cabot Fin say they have bought. I have asked them several times for the original docs etc to this alleged loan or credit card default, first back in late August this year. It is now November and they have still been unable to provide any documentation at all. Nothing.

Now the "What Consumer" website, says this....

CCA Request – Section 77 – 79
Under these two sections of the Consumer Credit Act, it is your right to request a copy of the executed credit agreement from the creditor, along with specific and current information concerning the debt (s 77 relates to fixed-sum loan agreements, s 78 refers to running-account credit (credit cards) and s 79 to hire agreements).

With regard to loans, the specific information must include:
The total sum to be paid, as per the agreement
The sum still outstanding and the due dates for each installment
The total sum payable, if different from the agreement.

The creditor has a period of 12 days working days in order to provide the agreement and the statement. If they cannot provide the information, the debt cannot be enforced until they do. If the creditor are still unable to provide the documents after one month, they commit a criminal offence.

In addition to this requirement, new regulations now require loan providers to provide statements to be sent to the consumer no later than one year after the contract was made. Failure to do this will mean repayments (and interest) can be halted until the statement is sent.

Your request must be made to the creditor (via the debt collection agency if one is involved) with the payment of £1)

Now can anyone tell me if this is correct? I have been waiting now over 3 months and Cabot have apparently requested docs twice from Citi but so far I have received nothing at all. Is this actually a criminal offence by them? Are "What Consumer" correct here? I havent actually sent them the £1 but I`ve asked them several times for the alleged docs that I believe do not exist and they have been unable to produce any documentation at all.

Anyone?

fermi

Used to be an offence after 30 days on a properly requested CCA request where the £1 was paid.

The law changed a long while about though, so it's not any more.

The Consumer Protection from Unfair Trading Regulations 2008, removed that offence.

Instead it's just unenforceable by a court until any such time that they can satisfy the request.

SussexSteve45

I found that but noticed there was no date to that legislation. So how long do Cabot actually have to provide the requested docs? As long as they want?

fermi

CPUTR2008 came into force 26th May 2008

Cabot have 12 working days to provide the information, but if it tales longer then the only penalty in law is that the agreement is unenforceable in court until they do comply. At whatever point in time, 13 days or 13 months or 13 years, whatever it may be.

fermi

The "what consumer" site seems to be waaaaaaaaaaaay out of date and not particularly accurate.

You would be better reading a more reliable overview such as this produce by the official Financial Conduct Authority, who regulate this.

See --> https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

sourcrates

Did you actually make an official CCA request, in writing, with the requisite £1 payment to cabot ?


Edit, just re-read your post, you must make your request in writing, with the £1 fee, payable under the consumer credit act.


https://www.nationaldebtline.org/EW/factsheets/Pages/39%20EW%20Credit%20agreements%20-%20getting%20information/Page-04.aspx


Use the template letter above.

[Deleted User]

What was the date, the CCA was, allegedly, taken out?

fatbelly

Can I just point out that there's no need to make multiple cca requests or follow them up.

Just one request, done properly as Sourcrates points out, with copies kept of the request and their recorded delivery signature.

Then the ball stays in their court until they produce something that resembles your original agreement. It's unenforceable (court action can be stayed) in the meantime.

If you're lucky you may even get Cabot's written agreement to that understanding.

thechippy

If it's Citi, it's very doubtful they have the paperwork anyway....
So, Crapbot can ask all they like.........:D