Cabot Sensitive Care Team

chili_pea

Has anyone had any dealings with this team?

I have been under their "care" for the last approx.8 months without paying a penny but they have recently started sending letters again to inform my payment break is over and I need to contact them.

I'm not sure how to respond as I'm also waiting for a response to my CCA from January 19.

Do I respond to the Sensitive team and ask these nice people to look for my CCA or write the debt off?

sourcrates

Hi,

Before we can answer that question, you will have to give us a little bit more background information as to your current circumstances.

By all means send a chase up letter for the CCA’s.

Exodi

chili_pea wrote: »

Do I respond to the Sensitive team and ask these nice people to look for my CCA or write the debt off?

I'm probably arguing semantics here but to clear; it's unlikely Cabot would 'write the debt off' (as in set your outstanding balance to £0).

If Cabot has not or can not comply with your CCA request, the debt would be deemed 'unenforceable' until they can satisfy your request. This would place the debt in limbo but there would be nothing stopping Cabot from trying to obtain the original agreement and being able to enforce the debt in the future if they are successful in their searches.

I only say this as people often mistakenly assume that a creditor being unable to satisfy a CCA request = no debt which just isn't the case. The debt still very much exists, it is just MOSTLY unenforceable through the courts for the period.

chili_pea

Sorry to be dim, but what's the point of trying to prove its unenforceable if you still have to pay it?

Exodi

chili_pea wrote: »

Sorry to be dim, but what's the point of trying to prove its unenforceable if you still have to pay it?

Because you don't have to pay it. A debt being unenforceable means the creditor is (mostly) unable to use the courts to force you to pay. This means aside from asking really really nicely, they have no real power to compel you to settle the debt.

But the debt still very much exists, it doesn't just vanish. If they find compliant credit agreements in the future, the debt would become enforceable again (assuming it's not statue barred by that time) and they may take it to court.

Some people choose to try and forget the debts when they are unenforceable and deal with them should the CCA request ever be satisfied in the future and some people instead make low 'full and final' offers because the debt is unenforceable so there are no nasty surprises.

There are also the moral obligations people have when considering whether they want to pay unenforceable debts, but that's strictly personal.

chili_pea

Thanks for explaining.

Do you think they can force it if I've made a 1x token payment and they have statements from the previous debt company?

Exodi

chili_pea wrote: »

Thanks for explaining.

Do you think they can force it if I've made a 1x token payment and they have statements from the previous debt company?

I'm not sure what you mean by force it? Statements from the previous owner or payments don't satisfy a CCA request - you are requesting a copy of the Consumer Credit Agreement you signed (signing can be done electronically) which shows the terms and your acceptance of them.

If they can't provide this then it's mostly irrelevant what else has happened.

chili_pea

OK I understand thank you.

Exodi

chili_pea wrote: »

OK I understand thank you.

CCA requests and related queries come up really often in this forum. I'd consider having a read to learn more on the subject.

In fact there's a thread 3 below yours!

https://forums.moneysavingexpert.com/discussion/5996148/advice-on-cca-please-feeling-confused