ScotCall ignored CCA request - what now?

[djdave]

Please let me know if I've understood this right, as I'm new to all this.

I ignored (perhaps foolishly) a letter from Cabot, then a few months later got one from Scotcall saying:

"Your outstanding debt has been placed with ScotCall"

Following advice here, I sent them a CCA request on 13 Feb, which they signed for on the 16th.

Their 12 working days has long since expired, so am I right in thinking that the debt is no longer enforcable? Is it only ScotCall who can't enforce it, or could Cabot still pass it to somebody else?

And am I also right that after a further 30 days I can report them, and if so to who?

Many thanks in advance

[Seahorse]

You were right to ignore Cabot in a way. Had you responded before you found this site, you could have been in all sorts of bother that might now no longer be so much of a problem.

Cabot are under the impression that the rules of the CCA do not apply to them. But they themselves usually DO eventually get hold of your original agreement. If it actually IS an agreement, and not just a bit of paper they like to call an agreement.

Write back to ScotCall (NEVER) phone, and tell them that, since they seem unable or unwilling to correspond with you, that you are now going to attempt to communicate solely with Cabot. Bang off another CCA to Cabot (do you have their address?) and also Subject Access Request them.

If you could fill us in on everything else ie, original creditor and a bit more history, we'll see where we can take it from there.

Welcome to the Cabot Fan Club.

[pmhcfc]

Originally Posted by Seahorse

You were right to ignore Cabot in a way. Had you responded before you found this site, you could have been in all sorts of bother that might now no longer be so much of a problem.

Cabot are under the impression that the rules of the CCA do not apply to them. But they themselves usually DO eventually get hold of your original agreement. If it actually IS an agreement, and not just a bit of paper they like to call an agreement.

Write back to ScotCall (NEVER) phone, and tell them that, since they seem unable or unwilling to correspond with you, that you are now going to attempt to communicate solely with Cabot. Bang off another CCA to Cabot (do you have their address?) and also Subject Access Request them.

If you could fill us in on everything else ie, original creditor and a bit more history, we'll see where we can take it from there.

Welcome to the Cabot Fan Club.

I second that- welcome to the club

[lookinforinfo]

No! No! No!
Scotcall have accepted the CCA request. There is no sense in giving Cabot
some more time. They have until around the sith of next month to comply-
and they do know that-they do not need reimnders, and nor should you remind them.
As it stands, Scotcall are in default and no interest can be applied to the debt, nor can they pursue you for the debt while the default continues.
After a further month has passed, then they commit an offence, but the
debt is only unenforceable while they do not comply with the request.
You can complain, but should you do so, they are likely to do their level
best to force you to repay the debt. Whereas if you say nothing, but keep all
the documentation and proof that the CCA is still outstanding, the most like;y
scenario is that they will forget all about your debt.

[Seahorse]

I don't think that a waiting game SHOULD be played. Yes, Scotcall will likely go over the time limit, but I ALSO think it likely that they have been in contact with Cabot to get an agreement conjured up. It is important, I think, to try to involve Cabot, in the unlikely event that an agreement IS available. And if so, to find out early enough if it is an actual, enforceable agreement.

If Scotcall can't get any joy out of Cabot themselves for an agreement, the possibility exists that either Cabot will have another go themselves, or will just keep passing things on to different DCA's.

I see what you are saying about the likely scenario of Scotcall forgetting about the debt, but I don't think it would hurt to cover all bases from the start.

Having said all that, if Cabot themselves don't feel they are able to collect on a debt, the probability of it being enforceable at all is highly remote, which is why they have got Scotcall involved, in the hope they can scare you into paying up, whilst trying (HOHO) to keep their own hands clean.

Bear in mind though, that if an agreement does eventually turn up after they have defaulted and committed an offence, Cabot may still be willing to chance their arm in court.

[Dave777]

The debt has been "placed" with Scotcall.

A request under the CCA 1974 can only be served upon the creditor.

You have to find out who actually owns this debt.

I would do as Seahorse advised and send a CCA request to Cabot. I would also make a request to both companies for a copy of the deed of assignment which can be made whether they are your original creditor or not.

[Seahorse]

Although Cabot will very likely claim that they don't have to produce a deed of assignment, as the "rights but not the duties" of the original creditor do not apply to them.

Which is, of course, total nonsense.

[gemspan]

Hi there

I just wanted to add to this that I have always kept the creditor involved in every stage of the process. The reason I do this is because, if the matter does go to court, I have given them every opportunity to comply with the law but they failed to do so.

I get a bit scared of just ignoring letters because I just feel it is right to advise them why you are doing what you are doing and the reason why!! I hope that makes sense.

I know people say not to contact the creditor while the 30 calendar days deadline is still ongoing but I just think it would look better in court to keep up communication. It also lets the creditor know that you are aware of the law and their obligations.

Just what I do and it makes me feel as if I am behaving properly. Of course, that cant always be said for the creditors!!!!

[lookinforinfo]

Djdave, my apologies to both you and Seahorse for my first post. I made my
point too forcefully which would have upset Seahorse, and now you are getting a load of conflicting advice which is not ideal.


Dave777 is quite right to say that the law is that the CCA request is sent to the creditor. However, in situations where the request is sent to the company
collecting the debt [in your case Scotcall] who may not be the creditor, that
company has two choices.
1] refund your money, saying that they are not the creditor
2]accept the request and contact the creditor to supply the documents.

It appears that Scotcall are in the middle of the second option. There seems
little point therefore in sending another CCA request and start the clock ticking all over again, when you are now in a position where Scotcall, and
thus, Cabot are already in default and getting closer to having committed an offence.

[Seahorse]

Tick, Tock

[djdave]

Thanks for all the advice so far. It seems to me that Cabot are snoozing, so it would make no sense to poke them with a stick.

I'll wait for ScotCall to answer (or not), and then see what happens after that. If Cabot pass it on or start chasing it themselves, I'll CCA them and see what happens.

I'm on long-term incapity benefit so I don't exactly have a large disposable income right now. But enough to write the occasional £10 or £1 cheque every now and then

[Seahorse]

Make sure it's a very sharp pointy stick if you do decide to wake them up.

[djdave]

I will, Seahorse, I will. I've been reading about your exploits with Cabot and if they want to take me on then you're posts will already have been extremely valuable

[kennyparkroad]

subscribing

[pmhcfc]

Originally Posted by kennyparkroad

subscribing

Kenny-- There's no need for you to type a message if you simply want to subcribe. You can do so from the 'Thread Tools' menu at the top of the page.

[djdave]

Just a quick update, such as it is. Still nothing from ScotCall or Cabot, their 12 working days has been and gone and I'm now counting down the days until they will have committed an offence.

Originally Posted by Seahorse

Tick, Tock

Oh yes