Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
My husband sent a CCA request off to Caabot Financil who is acting on behalf of Bank of Scotland for a credit card account. We have received a letter today saying
Further to your recent communications, regarding the above credit agreement.
We apologise for the delay, we have now received copy statements for the above account, and these are enclosed for your attention.
Can they still enter things (late payments, defaults etc) on his credit report or take us to court for this debt without the CCA even though they have coipies of statements.
If all they have sent is copy statements then they have failed to comply with your CCA request and the clock is still ticking on the deadlines.
Now as to adding charges, etc, well without a clear contractual clause they can't.
This doesn't stop them though, but without a compliant CCA they can add anything they want as you wont be paying them anyway
If all they have sent is copy statements then they have failed to comply with your CCA request and the clock is still ticking on the deadlines.
Now as to adding charges, etc, well without a clear contractual clause they can't.
This doesn't stop them though, but without a compliant CCA they can add anything they want as you wont be paying them anyway
Thanks curlyben, they have already failed to comply in the timeframe anyway as it was over 2 months ago they received the request from us. What should we do now stop making payments until they provide us with the CCA?
You are within your rights to cease payments after 12 WORKING days as the account enters into default.
Now they wont like this much and will say all sorts of things.
Once they try and make further demands for payments we can deal with them.
A report to Trading Standards would be a good start as they are chasing an unsubstantiated debt.
I havn't heard anything from Cabot for a few months, on Friday however, my husband received a letter saying that they had performed a routine review of accounts, and note that they have not received further information from us to resolve our dispute.
The last correspondance he had was before Christmas and they just sent us copies of his statements but still no CCA. What do you think we should do now, should we respond or just ignore the letter? they say in the letter that the account is on hold for a further 14 days so we can contact an advisor and discuss repayment.
The other thing we are worried about is, the letter says amount outstanding £3028.69, but the last letter we can find off them with an amount on dated January 2007 says he owes £2603.07. We sent the CCA request off to them on 23 February 2007, as far i was aware they could not add interest whilst it is dispute or am i wrong? if so they are obviously still adding interest.
This has been going on for over a year now and all they seem to do whenever we ask for a copy of the CCA is send out copy statements. We feel like we are banging our head against a brick wall, so if anyone could give us some advice we would be most grateful.
Personally I would just ignore the letter. Any interest they have added is not enforceable so don't worry about it. If you want to do something about the letter then I would just report it to Trading Standards and then in writing ask for a copy of Cabots complaints procedure.
Personally I would just ignore the letter. Any interest they have added is not enforceable so don't worry about it. If you want to do something about the letter then I would just report it to Trading Standards and then in writing ask for a copy of Cabots complaints procedure.
Hi all
Just a quick update, i contacted Trading Standards and complained that Cabot had failed to reply to a CCA request. Today, i recieved a letter off Cabot saying that Bank of Scotland cannot locate the CCA so Cabot are passing it back to Bank of Scotland, so will keep you updated.