Cabot! Being Sneaky!

[Yellow160]

I sent off a CCA request in July 07 and they replied to say it was being passed back to Barclay Card. 3 days ago i received another letter from Cabot saying Thank you for your recent enquiry, Please select the nature of your enquiry and return this form back to us so we can look into it further for you... This seems like a sneaky move.. Should i just ignore this as they are in default of the CCA?

 

regards

 

Yellow

[Curlyben]

File under IGNORE as they obviously haven't updated their system as they said.

IF they come back to you again then we'll hit em

[Yellow160]

cheers curly

[Yellow160]

##Update##

Received another letter from cabot to say as they have had no response from their previous letter and i have 14 days to reply otherwise it will be passed back to their collection department! What should i do next? Scotcall returned the acount back to them July 07 and ive heard nothing untill a few weeks ago!

 

Should cabot know this account is in dispute? I cannot find my letter from scotcall to say they cant supply the cca and they were passing it back to cabot for them to supply it..

[Curlyben]

Ok no worries throw this at them.

 

Account In Dispute

Formal Complaint

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

May I draw you attention to our letter of XX/xx/xx in which you clearly out lined the position concerning this matter. I enclose a copy for your perusal and ease of reference.

 

**CREDITOR** has failed in my lawful request under the Consumer Credit Act 1974 section 78(1) and subsequent Statutory Instruments.

I formally advise you that since **CREDITOR** has failed to comply with the terms of the Consumer Credit Act that as from **DATE** they are in legal default on this alleged agreement. This default means that the alleged agreement from this date is totally unenforceable. **CREDITOR** may not apply any charges, cannot issue defaults, cannot sell or assign the alleged debt or cannot invoke any clause within the alleged agreement.

 

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

As **CREDITOR** have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

The mere fact that they have passed this account to you while it is in dispute and default is also in breach of the Data Protection Act 1998.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

 

 

Include a copy of their letter saying they had returned this account.

[Yellow160]

Cheers curly i will hit them 1st thing in the morning with that one.. Also the letter i received on 18th Jan said outstanding was £753 and in the most recent letter it now says £953 :o £200 added to the balance in less than 2 months.. Mind you this is the 3rd letter that has a different amount owing on it, Should i mention this to them? And should i start claiming these charges back? There is possible £500 worth of charges added to this account.

[Curlyben]

Just see if they respond to the fact hey have said they have returned this account.

If they do we'll go from there.

[Yellow160]

If the CCA was sent 27th July when did they fall into Legal Default for not supplying this? In the letter do i refer to the creditor as Scotcall as they were chasing for Cabot and couldnt supply the CCA and returned it back to Cabot or do i use Cabot as the creditor as thats who they claim to be.

[Yellow160]

bump

[Tartan Barty]

12 working days + 2 would be the 13th August, assuming you are talking about 2007?