Cabot DCA

mm2000

I have a debt Cabot claim to have bought. I wrote to them and told them, that until I get written confirmation from the original creditor, I would not make any payments to them, this they were ok with. I wrote to the original creditor, but they failed to answer my letter. So I CCA'd Cabot as if they can come up with that then I know they have indeed bought the debt. But for some reason Cabot keep returning the postal order for the £1.00 fee saying they don 't accept that but will applying for the cca for me. Anybody else encountered this?

alwayshappy_3

Hi

Yes I have asked for a copy of CCA from Cabot, who sent back the £1.00 postal order as they dont accept it but they said they will try and get a copy of the agreement, that was about a week ago and I have not heard anything since.

I think I have read that if they dont supply a CCA in 12+2 days you need to send another letter saying the debt is unenforceable

excel1

No you need send nothing they are the "experts" and should know the law once in default they stay in default until a legally valid proper CCA is produced, please tell me you didnt sign the request letter? (and it will probably cost them a pound to bank the £1 anyway)

10past6

mm2000 wrote: »

Anybody else encountered this?

Hello mm

Try and obtain the name & address of the CEO (Google is your friend) then send the letter below, amending with your own personale details.

Your Address

Date

DCA / Creditors Address

FORMAL COMPLAINT

Dear Sir/Madam

Ref a/c: xxxxxxxxxxxxx

We/I above hold an a/c with your company.

I have been notified by XXXX that they are now managing this debt.

I refuse to deal with this company, as I have received no notification this debt has been handed over to a third party.

In view of this, I have taken advice from the OFT, who inform me your company is in breach of the OFT guidelines in particular:

[FONT=Times New Roman, serif]Physical/psychological harassment[/FONT]

2:Examples of unfair practices are as follows:

[FONT=Times New Roman, serif]E:. Not informing the debtor when their case has been passed on to a[/FONT]

[FONT=Times New Roman, serif]different debt collector[/FONT]


[FONT=Times New Roman, serif]If I have not received a satisfactory reply within 7 working days from the date of this letter, I reserve the right to have my complaint investigated by the OFT for adjudication.[/FONT]


[FONT=Times New Roman, serif]I trust I have made my position absolutely clear.[/FONT]

We look forward to receiving your reply.

Yours faithfully

XXXX

*Send by recorded delivery*

fatbelly

Fair comment but it is probable that Cabot have legitimately bought the debt. It might be relevant to know (1) how long is it since you last made a payment towards this debt and (2) do you remember signing a credit agreement?

If it is statute barred or improperly executed then those are the lines you need to pursue.

needtosave1977

you've got me worried now!!

Why are we not to sign the CCA letter? I sent two to Cabot 10 days ago and signed them. They sent the cheques back and said they will try and get a copy from the original company. They say in the letter they 'think' they can get these within the 12 days, if not they will write again.

In the meantime my next payment will be due to them.....do I pay it??

Oh, and my signature is completely different now than it was back then (about 7 years ago)

Thanks

stapeley

It could be that by returning the £1 FEE , they are trying to avoid committing an offence under the terms of the CC Act . It maybe that due to the raised profile about DCA not having CCA they are covering their backs .

10past6

needtosave1977 wrote: »

Why are we not to sign the CCA letter? I

Hi

NEVER SIGN A LETTER to a DCA, there is always the possibilty for them to use photoshop, and duplicate your signature on to any documnet.

When writing to a DCA, always initial the letter.

RAS

stapeley wrote: »

I could be that by returning the £1 FEE , they are trying to avoid committing an offence under the terms of the CC Act . It maybe that due to the raised profile about DCA not having CCA they are covering their backs .

It is a bit more basic than that.

The maximum fee that a DCA is allowed to charge for providing the CCA is £1.

There is no obligation on them to charge a fee, though. It is going to cost them rather more than £1 in staff time and bank charges to process your Postal Order, so they would rather not bother.

There are a few bright sparks who pay it into your account and then thank you for acknowledging your debt and what is your future payment plan? But it does not appear that Cabot is one of them.

So,wait until the 12 working days is up add two and then cancel future payments. If they do not send the CCA within another 30 days, write and compalin to TS and the OFT and send Cabot the bogoff letter.

Hippocampus

Cabot now return the £1 fee ever since I challenged their right to it seeing as they claim they are not obliged to comply with your CCA request. Mind you, they DID credit it initially towards an alleged debt, but then sent it back when confronted calaiming it was a "mistake". Yeah, right. Just like the 100's of 1000's of OTHER "mistakes" they made in the past.

But they always do TRY to come up with a CCA. In virtually every case, the agreement is improperly executed. As a rule of thumb though, consider this...

Loans tend to be backed up with enforcable agreements.
Credit Card accounts tend to be either a pre-contractual application form which, although they SAY is regulated by the CCA 1974, usually fail miserably to conform, or there is no record of an agreement. So in CC cases, you can USUALLY bet your bottom dollar that the alleged debt is unenforcable.

As RAC says, once the 12 working days are up, you are lawfully entitled to refuse any form of payment until such time as an enforcable agreement does turn up.