My father made 4 separate CCA requests for 4 different debts being pursued by Cabot. For each of them he has received the attached response which states that they are unable to provide the info for the moment and will continue to pursue the original lender for the information.

They say the account will 'remain on hold' but are 'still obliged to repay the outstanding balance'.

We wish to settle this matter and are willing to make a percentage payment to clear the debt.

I am tempted to write back a letter as in this post http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/266261-calder-financial-offer-clear-2.html#post3017541 .

What does everyone think is the best way to settle these debts without prolonging the matter too much (my father is dealing with 17 creditors at the moment!)?

cabot.pdf

Once the 12+2 days has passed send account in dispute letter,

Hi hannan,

Thats the one, make sure you put all 4 account numbers on there.

Sadly its not that easy with Cabot. They will take no notice of what you say and will continue to chase you untill the end of time.

I have been there done that and worn the T-shirt and so have many others on this forum. Although you will know its unenforcable Cabot will never accept this and although they might calm the letters down a bit as far as demanding goes they will twist everything in an attempt to confuse you.

Want some free advice about Cabot?

Send the account in dispute letter then never waste another penny on writing to them again because they will write back telling you your wrong and if you bite, it will waste your time and money because they will never agree with you.

Why not dealing with them in this way?

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/267256-how-can-i-use.html

Update

I sent the standard account in dispute letter and put all four Cabot account numbers on the letter.

Cabot have sent their response which I have attached. They state that 3 of the accounts are on hold while they await further info from the original lender. For the fourth account they have attached the original application with the T&Cs. I have attached these as well.

Should I send this letter in response?

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in dispute .

 

On xx/xx/2009 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I refer to page 5 of the guidance which states;

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

I respectfully request a response to this letter in 14 days

 

 

I trust this out lines the situation

I presume that I should sit and wait on the other 3 accounts.

What do people think of their detailed response in response to my points in my account in dispute letter?

100730 Cabot response.pdf

100730 Cabot response (app form).pdf

Hannanshah - I don't know if it's your scan or the documents they sent, but if it's the documents, then I'd say that parts of the agreement are illegible and the whole of the Terms and Conditions are too.

If that's the case, you can cite illegibility as a reason for continued dispute.

Hi Hannah

Also has the interest rate increased on any of your accounts since you opened them?,

In a recent case Judge Waksman stated the following:-

'Where an agreement has been "varied" (eg, where the interest rate has risen), a copy of the original and the varied terms must be produced.'

So they have to provide T&C 's for each variation.

Carey v HSBC (& others)

Can someone please confirm if the CCA request response from Cabot in post 6 is compliant with my request?

They provided one credit agreement (the CCA request was for four different accounts).

If they have complied we will make a final offer for this one account.

After a gap of 5 years we have received correspondence on 2 of the accounts from Cabot.

They asked for the balance

then got a letter from Reston Solicitors threatening court action.

These were ignored.

Finally on 30 Sept 2015 a letter from the County Court.

We have acknowledged service and have till 28 October to enter a defence.

They are asking for 2 balances of approximately £3k each.

In 2010 we made CCA requests which Cabot said they were unable to fulfil.

I have attached all the correspondence for the 2 accounts as well as the court letter.

The simple question I have is

what should our defence be?

Is it as simple as the CCA request wasn't fulfilled so the debt isn't valid?

What wording should we enter in our defence?

I have the same problem (Cabot /Restons ) they obtained a CCJ on me in December 2014

and because they were granted this in court they went for a charging order right away after which is now a restriction on our home.

Restons are ruthless hard people to deal with and do not negotiate.

I would seek legal advice here as this happens too often due to the law changing in 2012 on charging orders.

Sadly you should take down and cover the identifying marks on most of your PDF's This includes all barcodes and the such, this is for you own protection...

Hi Hananshah,

Restons are ruthless,

They record all calls and use this as evidence against you,they will use anything they can to get a ccj and lessmoney is correct they don't negotiate they tell you one thing and do another.

If they can't/won't produce the paperwork, they cannot enforce - but that doesn't stop them trying.

To get the best advice on wording your defence, and dealing with the claim, I suggest that you start a new thread, in the Financial Legal Issues forum.

If they can't/won't produce the paperwork, they cannot enforce - but that doesn't stop them trying.

 

To get the best advice on wording your defence, and dealing with the claim, I suggest that you start a new thread, in the Financial Legal Issues forum.

Thanks I have started a new thread in that forum now.

I've mergd things together for history

forget what gone on in the past.

and the silly stuff about cabot not having a licence.

get a new CCA request running to them

and a CPR to rectums.

your defence will prob be the std holding/no paperwork defence I expect.

can you also please fill this out too

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

thank you

dx

The CPR 31.14 has been sent and no response received yet.

Can anyone please point me to the template that I should use for my defence? This was in my original thread.

Also what is the latin phrase again for the defence if I was to refer to the fact that Cabot don't have a valid licence (this was mentioned in the original thread by another poster).

Another bit of the thread has been moved here

http://www.consumeractiongroup.co.uk/forum/showthread.php?453662-Cabot-Financial-(UK)-Limited-do-not-have-permission-for-debt-collecting&p=4810762#post4810762

I would argue the main point being no CCA response but include the part about the claimant not holding a CCL. Just to be certain, the claimant on the claim form is Cabot Financial (uK) ltd. Do the particulars of claim mention a company number, I know some of the recent Cabot claims have .

def is not due till 4pm 30th October no rush

Ok thanks for the template. I've got something drafted up.

The claimant is Cabot Financial (UK) Ltd so I can definitely refer to the lapsed permission.

Does anyone have any suggested wording? I did recall reading a latin legal phrase somewhere which I can't seem to locate that could come in hand here.

My original Cabot correspondence in 2010 was from Cabot Financial (Europe) Ltd. Although when I sent the CCA requests I referred to Cabot Financial Ltd. These were all acknowledged at the time. Do the company names matter? Should I send another CCA to Cabot Financial (UK) Ltd just to cover myself?

The CCA requests were acknowledged at the time with the last correspondence stating that they were unable to comply with the requests and that the accounts would be on hold until they could comply. There has been no contact in the intervening 5 years until this County Court claim.

when was the last time you sent a CCA request for each 2010?

and those docs came in 2010?

when was the last time you sent a CCA request for each 2010?

 

 

and those docs came in 2010?

Yes CCA sent in May 2010. Responses in July 2010 said that they couldn't find agreement and that account would be on hold while they tried to comply. No further correspondence.

bit late now to send new cca requests [one for each card to cabot

but do them now anyway

BLANK £1PO for each

don't sign anything

pers I would not be using that holding def - its non std

there are numerous threads here and in the legal successes forum that carry the credit card

holding/no paperwork defence.

dx

In that case I won't mention too much and stick to the template and no paperwork + lapsed permission.

as said I would not use that template

post up your proposed def by Friday so's we can check it please.

dx