Cabot: Do they owe me Money

[PaulR17]

Hi

 

My missus bought to light last week a £20 a monthly arrangement she has with Cabot. This was really annoying because with my help and YOUR help we have successfully taken on and beaten Lowells twice.

 

Anyway, once she told me, I told her to stop the direct debit and find the paperwork. All of which she has now done, but I'd like to know how to tackle this please

 

She has paid them a total of £460.00 based on her bank statements and the original letter notes a debt of £380 being bought from a financial company she knew she had back in 2000. My obvious thoughts were, hang on she has overpaid!

 

I know it can't be stat barred now because she has been paying them, but what stance can I take with them. Is there a lot of value CCA'ing them for example? Can I just ask for the balance of £80, or will they have added charges that we can get back or not etc...

 

I expect a phonecall anyday now because of the DD being stopped and I will tell the missus to speak with them and ask for the excess cash back, but can we do more?

 

Any help would be great, thanks

[PaulR17]

Further to this, we have now fielded a phonecall. My Missus authorised me to speak with them. It is actually further complicated by the fact they have her old address and as yet we have not confirmed we now live together in a new address!

 

The original amount was £380.46 and they have a note it defaulted in May 2004. They then bought the debt in May 2006 by which time the debt was £460.67 and they have added their own charges to bring it to £522.67.

 

My main question now is - what should I do

 

1) I could just pay them £40 to close it

2) I could argue a CCA, but would then need to discose the fact that my Missus now lives with me

 

In the case of 2, could I ever see any cash back, can I pursue it? My understanding was that in the case of a default the credit agreement was closed and a DCA could not legally add their own charges, is this correct?

 

thanks

[PaulR17]

bumpity bump

[maroondevo52]

Hi, Paul.

 

If the debt was a loan, then yes, you should CCA them.

Might also be adviseble to find out the score regarding charges applied.

 

Regards.

 

Scott.

[twofoot]

They have no legal right to charge you extra unless it is outlined in the CCA which is unlikely.

[PaulR17]

Thanks again

 

On balance though, given that for that £40 I can end this today versus all the hassle and effort, I guess I need to understand what I could realistically actually claim back and how. I've searched the other cabot threads and other DCA's and its not that obvious

 

Would I be able to easily get the over charges back, if applicable by writing a couple of well worded letters or is much more complicated than that?

[PaulR17]

bump