Cabot cant find CITI Card CCA

[linz2011]

Hi I CCA'd Cabot in July 2006 and heard nothing until today and this is the response

 

Firstly may I apologise that you have not received a full response from Cabot in relation to your mail dated 22nd July 2006.

Unfortunately it would appear that the inforamtion requested from the vendor was not received and thus resulted in no formal response from Cabot.

On behalf of cabot please accept my sincere apologies for this regretable oversight.

 

The Cabot F G purchased your account from Citi, the assignor and creditor, on or about 30th May 2006.

The rights, but not the duries, of citifinancial were assigned to the Cabot FG, the assignee, in order to collect the outstanding balance on your account and to enforce the original terms of the credit agreement.

 

I respectfully advise you that Cabot is not the creditor for the purposes of the CCA and therefore Cabot has no obligation under section 77 and/or 78 of the CCA 1974 to supply you with a true copy of the executed credit agreement or any other document referred to under these sections. furthermore, as we have no obligation under the above act to supply the information the time limit does not apply to us.

 

You hsall note fromj the relevant sections that only the creditor under CCA should provide a true copy of the executed agreement.

Furthermore, section 77 of the CCA does not apply to this matter as your agreement is for a credit card and not a fixed sum loan agreement.

 

notwithstanding, cabot will always assist the customer and the creditor in providing information.

Therefore i can confirm i have requested a copy of the credit agreement from citi and on receipt will forward on.

 

On purchasing your account cabot sent you a notice of assignment, also known as a hello letter on or about the 6th june.

The NOA deems proper legal assignment of your account and therefore we are not obliged to supply you with the deed of assignment as alleged by you.

 

It finishes with the usual any help in my response greatly appreciated.

[rory32]

The rights, but not the duries, of citifinancial were assigned to the Cabot FG,

So it as an equitable deed of assignment which is not enforceable in law.

 

I respectfully advise you that Cabot is not the creditor for the purposes of the CCA and therefore Cabot has no obligation under section 77 and/or 78 of the CCA 1974 to supply you with a true copy of the executed credit agreement or any other document referred to under these sections

under s175 of the CCA1974 they have an obligation to supply the agreement.

 

On purchasing your account cabot sent you a notice of assignment, also known as a hello letter on or about the 6th june. The NOA deems proper legal assignment of your account and therefore we are not obliged to supply you with the deed of assignment as alleged by you.

 

Just a quick point with regards to notice of assignments from DCA's.

If the notice includes an amount demanded that is incorrect it renders the notice legally invalid (e.g. unlawful charges or DCA admin/collection charges).

Even if the amount doesn't include charges but is misstated it is still invalid.

If the date is incorrect it is legally invalid (i.e. does not tie in with the deed of assignment - the execution of assignment should be the same as the date shown on the notice).

The case that supports this is W.F.Harrison & Co Ltd v Burke [1956] 1 WLR 419

The deed of asignment is invalid anyway as the law requires it to be an absolute deed of assignment not an equitable one so the NOA is also invalid.

 

For further feedback you may wish to ask a moderator to move this to the Cabot sub forum.

[rory32]

You may also wish to refer them to s127(3) of the CCA1974 and the case of Wilson and others v Secretary of State for Trade and Industry.

[linz2011]

rory you are, as ever, a star

[rory32]

Thanks linz

[tomterm8]

OK. You asked me to have a look in. When did you post this Credit Agreement request? Can you scan / type what you sent?

[linz2011]

Hi i sent the original request in July 06 it was the standard CCA letter used from here. then received this letter - thanks

[tomterm8]

i would have a look at tbern's thread in the sticky, and http://www.consumeractiongroup.co.uk/forum/cabot/87356-1970-vc-cabot-yes.html.

 

Basically, I think the best thing to do now is very little, just let them get themselves in deeper.

 

Maybe a letter stating (registered post)

 

"Dear Mr X,

RE: A/C Number.

 

I acknowledge receipt of your letter dated XXXth.

 

I will respond further to your claims once your client has sent me a copy of the executed Credit Agreement, as requested on the XXXth, which I require before i can investiagate this debt.

 

Yours Sincerly,

 

XXX."

[Jeff2000]

Hello linz,

 

 

Keep at 'em!

 

Take a look at this thread.

 

Help with fighting Cabot!

 

 

Best wishes, Jeff.