Cabot acknowledge my CA is currently unenforceable

AlwaysOnTheGo

I requested information under sections 77-79 of the CCA last November

The response from Cabot Financial is

Your request for information under the CCA
Unfortunately we have not been able to provide you with the requested information within the relevant time period (I wanted a response within 12 days, they said it would take 40 days and I chased them again at 77 days which I believe prompted this response)

What Happens Next
We shall continue to request the information from the original lender to assist you with your request and in the meantime we would like to inform you that your account shall remain on hold with the Customer Care Department until such a time we can comply with your request.

Your credit agreement is currently unenforceable, which means we are not permitted to obtain a judgement or decree against you in Court. However you are still obliged to repay the outstanding balance as confirmed in this letter and therefore I would recommend you continue with your existing payment plan (my existing plan which they have not taken since December and I cancelled in early March is £1pcm so that's just under 500 years before they can chase me - unless I've missed something -)

Then another paragraph about what Cabot cannot do including demand earlier payments, threaten Court action or take possession.

It then says Cabot can however request payments from you and pass your information to a debt agency. Please note that we will not be writing off or closing your account.

So, my question is. As it appears that Cabot cannot make me pay should I make a diary note that 6 years from today this should fall off my credit file and never speak to Cabot again or acknowledge this sum of money.

[Deleted User]

The diary note should for 6 years from default, not today.

sourcrates

Of course Cabot may still be provided with the credit agreement by the original creditor, its not unheard of them turning one up six months to a year later.

On the other hand they may never find it.

AlwaysOnTheGo

Would the default day be 24th Feb when the letter was written or the date I first wrote to them last November ?

AlwaysOnTheGo

Am I able to write to the credit agency copying the letter and get the debt removed from my credit file? or am I pushing my luck?

sourcrates

Failure to provide a credit agreement under a sec 78 request only prevents the creditor from obtaining a county court judgement.

It does not effect anything else.

The default date will be recorded on your credit file.