Cabot and Lowell

Grumpelstiltskin

Unfortunately no one can say if a CCA will turn up, the older the debt the more unlikely it is.

The majority don't turn up later so all you can do at the moment is don't pay anything and hope you are one of the majority.

RAS

This is a good time to divert some of that money into a fighting fund. Chances are that if they found the CCA, that might also trigger a decent discount offer.

Darkcloudleaving

RAS said:

This is a good time to divert some of that money into a fighting fund. Chances are that if they found the CCA, that might also trigger a decent discount offer.

What is a fighting fund?

Also, if they found a CCA, wouldn't that give more some leverage and therefore wouldn't make an offer, I thought with no CCA they might try and do a deal

sourcrates

Darkcloudleaving said:

Also, if they found a CCA, wouldn't that give more some leverage and therefore wouldn't make an offer, I thought with no CCA they might try and do a deal

Nope, they won`t be interested in doing deals.

Cabot, like most debt purchasing companies, work on a numbers basis, makes no odds to them if a few of the accounts they buy don`t have compliant paperwork, they will still hold out for full payment from you, you might get a few % off, but not the amount you will be hoping for.

Its an all or nothing game for them.

They don`t care you see, they will just make it up on another account they do have paperwork for, and so on, and so on, like I said, its just a numbers game to them.

Darkcloudleaving

Lowell have replied with the document I requested.

I don't know if it's a CCA or not?

My name or address (at the time) don't appear on it, nether does my signature.

It has my sort code and bank account number at the top, the limit, interest, fees and terms & conditions

sourcrates

Should have your name and address, no signature required though.

Darkcloudleaving

Lowell call the document a Credit Agreement.  This is what appears at the top (i've replaced the numbers).

"Bank Account: 40-xx-xx xxxxxxxx

We are pleased to confirm our agreement to provide you with a variable rate on-demand overdraft facility (the

'facility') on the terms set out below and on the attached pages. This facility letter replaces any previous facility

letter(s) that we may have issued to you on the above account number.

Limit £2,000

Term and review

We will provide you with the facility until 28May2009. We will review the facility just before this date and will

contact you at this time.

Interest ..."

THere is no page header, date, my name or address.  Are they just trying it on?

sourcrates

That`s an overdraft, sec 77/79 does not apply to overdrafts.

Darkcloudleaving

sourcrates said:

That`s an overdraft, sec 77/79 does not apply to overdrafts.

What does that mean?

sourcrates

Darkcloudleaving said:

sourcrates said:

That`s an overdraft, sec 77/79 does not apply to overdrafts.

What does that mean?

Overdrafts are covered by sec 95A of the consumer credit act, you have asked for information under sec 77 CCA.

You cannot ask for info on an overdraft using sec 77, they are not covered by sec 77.

There is no written agreement for an overdraft, by using it, you are agreeing to the terms set out in sec 95A.

So basically what they have sent you is compliant.