I recently made a section 78 CCA request to Cabot who I have been paying a debt off to for 2 years.

There was another 12 months left until I realised I could make a CCA request to them.

I received a reply today saying that they could not get the info from the original lender, and the account is unenforceable.

What data position does this place them in?

Can they still request from me or use my data in any way?

What about the default under their name on my credit file?

doesn't prevent them from either.

the default would have been placed by the original creditor...who was? and what type of credit was it?

as long as cabot did not change that date, then its a true reflection of the way you operated the credit

therefore you are not obliged to pay them until such time they produce the required evidence

They must know that because they cancelled my direct debit!

Post 2 q's please

After much silence from Cabot they are now saying that the debt still needs paying. They are now harrassing me with phone calls and letters. Where do I stand?

answer the questions in post 2 please

doesn't prevent them from either.

 

the default would have been placed by the original creditor...who was? and what type of credit was it?

 

as long as cabot did not change that date, then its a true reflection of the way you operated the credit

Sorry, It was a catalogue credit debt with Express Gifts

Retitled and moved to CAT forum.

Under the rules they are quite entitled to contact you.

However until they comply with the CCA request

You are equally entitled to ignore them

Until o r unless they comply or issue a letter of claim

On 2/19/2019 at 11:47 AM, dx100uk said:

Under the rules they are quite entitled to contact you

How often though? And how much constitutes harrassment? I get a letter a fortnight and about 5 calls a week. 

Keep a log

You never know but it's all a dca can ever do anyway as you know

On 19/02/2019 at 11:47, dx100uk said:

Retitled and moved to CAT forum.

 

Under the rules they are quite entitled to contact you.

However until they comply with the CCA request

You are equally entitled to ignore them

Until o r unless they comply or issue a letter of claim

I've been ignoring the calls and letters. Now they have sent a letter from another company saying that they want me to contact them or they will send a representative. What do I do? 

Ignore them. This is an unenforceable debt as no copy of CCA available.

If you write to them, they may try again to get hold of CCA and who knows second time around they may be successful.

The letters they send are just template letters. Yes some of them do use commission based field agents, who may try to visit you to ask about why you are not making payments. But these field agents have no powers and if they did visit, you don't have to speak to them. If they did knock asking to speak to Mr X, you would just answer, sorry, I don't deal with anyone at the doorstep.