Evening SH - Am not 100% sure - have already planned to scoot through paperwork tommorrow once bairns in school/nursery - Had already presumed was fake letter of assignment so will def keep that (Have also got the ones Cab had sent us re' other Acc in other threads). Thanks for advice. Mpols x

ha ha! Ok - letter 2 edited & printed ready to go rec' del tommorrow. Lets see what happens next eh! Thanks again, Goldlady & Rory for your swift support! Will post any response accordingly. Mpols x

ps Rory - am not allowed to tickle your scales again yet but will keep it in mind to do so!

No disrespect Goldlady but hubby has voted for letter number 2 Thanks for confiming dates also - is one of the things i tend to get confused with doh! Mpols x

Hi Rory (again) Thanks for quick comment - i must have been posting mine at same time lol! Which template of the two is more appropriate please? Thanks as always, Mpols x

Hi Goldlady, Thanks for prompt reply & template - is kinda what i thought as well re no cca! Will get this printed up ready for cab' only thing i'm not sure of is the date in which they fall in to legal default? Is it after the 12+2 days of cca request or is it another 30 days after that as i thought i had read somewhere that the extra 30 days had been scrapped now? Sorry to be pain, but just want to get it right obviously! Many thanks again Mpols x

Evening all, CCA'd cap one 7/11/08 Letter dated 13/11 08 not received til (25/11/08) stating: " You requested copies of the executed credit agreement and a statement of your acc under S78 of the CCA'74. Please find enclosed a copy of the current T&C's of your agreement, in compliance with S78. You requested a copy of the default notice we issued on your account. Under S78 we are not required to provide a copy of the default notice and statement of default. However we can confirm that a statement of default was issued on 1st Sept 08. The status of your acc as at the date of this letter is currently defaulted. Your current outstanding balance is xxxxx. As you're on a payment plan the next payment due to your acc is xxxx. This needs to reach your acc by 17/12/08. If you need further assistance contact blah blah yada blah.I trust this will help with your enquiries." (enclosed was the following) "Terms of your cap one cr'cd agreement. Thankyou for your recent request. Please see overleaf for the current Terms of your agreement with us. For the rest of your t&c's please see the leaflet encl. Etc etc" (Overleaf was blank copy of agreement & tri-fold leaflet was also enclosed). Basically i did not acknowledge this letter as it is almost identical to others that i have seen posted on here in different threads so i wanted to see if they came up with anything else in the timeframe etc but I DID pay the usual payment on the 28/11/08 (maybe i shouldn't had bothered). Nothing else received until today when CABOT (hohum) send their usual bumph stating "welcome to cabot - recently bought your cap one acc etc etc - all payments & queries to us - you currently owe (more than stated in last letter from o/c) contact us etc!" With that is a 'cap one letterhead' stating acc sold to cabot on 25/11/08 etc etc signed (apparently) by Michael Woodburn. Ok - Thanks for your patience peeps - my question is basically what do i do next in your opinions? I could ignore cabot but that would result in calls etc & harrassment as i have had from them with other debts (they currently have one of mine & one of hubbys accs on hold ), or do i send acc in dis to them or even to cap one? As a byword - Cap one have yet to repond at all to hubbys cca request sent exactly same day etc! Many thanks as always, Mpols x

Blimey Rory, Thats brill!!! Zackly the sort of thing i think i needed too - will get it sent tomorrow, recorded but not signed! Thankyou so so much for taking the time to do this & thanks from hubby too (is his prob im trying to deal with) - Take care & will post any response received of course! Mpols x

WOOHOO Fox!!!! Good evening & a very well done to you!!! Keep smiling hun & thankyou to everyone who has helped you which in turn has helped me to some extent too! Mpols x

Hi godmother - Thanks for ur comment! So do you think i should send acc in dis or instead a photocopy of their response saying no agreement yet with a few paragraphs from the acc in dis template to state how they shouldn't be doing certain things? Obviously they should be fully aware of what they can & can't do so am not sure whether is worth wasting the postage cost to be honest? Thanks as always, Mpols x

Morning Fox, is weird how they go from bombarding us to literally nothing 'cept the occasional letter - i think we (my fam) have spent soooo long with the incessant calls & post that it is almost like a weird kinda drop in adrenaline now almost like rubarb & custard stating "it's tooo quiet rubarb" I mean - we can actually relax a little now & not have a panic attack every time the phone rings because even if they do contact us this site has given me so much more confidence on how to deal with them! I can't believe that so far out of 7 creditors 5 are dca & 2 are cap one & all were cca'd a month ago but not a single one has actually provided our agreement! Only two have sent anything in return & they are both blank unenforceable copies! Unbelieveable eh - I sincerely hope this site keeps going a long long time because there must be soooo many more people in the same situ in need of the same support! Harumph! Ok, rant over - Yes bro is over there til end feb when he gets his r&r - is his 2nd tour same place i know he's a big boy now with his own choices etc but is still a bloody worry even tho you try not to show it in letters etc! We have been saving up any daft christmassy bits etc & sweeties/biscuits ya know, as the mod allow free parcels for 3 weeks so that we can all send stuff for christmas for them - is great when u see the pics when they get home & they all got their santa hats on etc! Take care & here's to another (fingers xed) quiet week hunny! Mpols x

Morning Fox - Just popping by to see if any news this last week? We had another standard reply re the 24 days passed. Hope you all well. Mpols x ps. It's sunny Yay!!

Morning peeps (& what a beautiful morning it is too! Lully sussie sunshine is out where we are for the 1st time this wk! Makes u feel so much better eh!), Anyway, quick update - Letter from cabot (seems like standard template) states: "We recently wrote to you informing you that the original lender is experiencing a delay in obtaining info from their archives. Although 24 days has passed since your request, we hope to be able to send the info to you shortly. We shall remind the o'c that your info remains outstanding & should be processed as matter of urgency. We apologise for any inconvenience you may have experienced as a result of this delay. The acc shall remain on hold until further notice. E Robertson." Hubby got one zackly the same the day after! Thanks as always, Mpols x

Lmao SH (Am huge fan of your prose already! lol) My baby bro is currently representing queen & country & Helmand (2nd tour) & needs every bit of support he can get so if there is any charitable contribution to be made this year it will be in the sending of tinsel & santa hats to help decorate the tents & cheer my wonderfully brave (& just a little daft) brother & the rest of his company during their not very festive tour! (2 yrs ago Gordan Ramsey flew out off his own back & cooked em all turkey bless him! Made em all smile i can tell u!) Anyways, This F&F amount offered doesn't even represent the ppi from what we have worked out which we were missold so i think i shall follow the advice given here & wait to see what else they send us - until there is something more solid i will not be contacting them. Happy weekend guys & gals! Thanks as always, Mpols x

Thanks H, Fingers xed eh! Nite, Mpols x

:)Hi peeps - Quick update re situ, Received another letter yest - reads as follows (apologies if any typo's, is late & scanner poorly so am inputting doh!): "Following your recent request to be provided with a copy of the original credit agreement in respect of the cca i can confirm our client has yet to furnish us with your agreement. I can confirm however that creation consumer finance are still in the process of retrieving the required paperwork and once this has been forwarded onto us a copy will be posted to you. There will be no further correspondence from us until the agreement has been received at which point we will require payment in full. You currently still have the option to pay £xxx.xx as a full and final settlement in order to bring this matter to a close, after which we reserve the right to proceed to collect the full balance. If you want to take the offer and bring the matter to a close then please call the number below. Yours sincerely, Andrew Bartle." This is the second offer of f&f from them & it has been 20 days (working) since we originally cca'd them, but we have cancelled standing order last week & witheld payment this month as they haven't produced anything yet! Dunno whether to send acc in dis or just ignore them i think beings as they reckon won't be contacting us again until (unless?) they can provide agreement. General consensus please if poss? :-| Hope everyone staying warm & keeping smiley! Thanks as always, Mpolsx

welcome to my world - i live in a permenant state of head hurting so it seems - dunno if thats to do with the current situ or just the 3 sprogs that like to keep me on me toes ha ha:) What you read is kinda what i thought - think i will try and find a letter or devise one tomoz if get the chance with a counter to what they stated at the end of their letter with regards to my data - afterall, whats the point in sending acc in dis letter staing they have to stop processing our data & remove it from files etc if they reckon not - failing that, mayb it's time for me to complain to some1 officially? not sure.....Have u done that yet? Mpols x

ha ha - soz to keep you waiting - took me ages to type it up cos our scanner poorly at the mo doh! Plus youngest at that wonderful stage where they refuse to go down demanding all sorts of requests & throwing out all sorts of excuses (kinda sounds like your average dca actually eh? bit of an insult to my 3 yr old tho ha ha:D) 2nd part of letter seemes to confuse me too - hopefully somebody with bit more experience than me will take a much appreciated look for us! It has been quite quick really - can't believe you waiting so long! I cca'd them 3/11 & then acc in dis them 25/11 to get this reply today! Dunno if the prompt response is gd thing or bad? Mind you, Hubby cca'd them for his goldfish (morgan stanley) acc with them on 7th & still nothing yet other than the usual (they requesting from o'c). Hmmmmm Mpols x

Hi millymoo - welcome to thread - am just bumping this up really in hope that Rory looks again - "Let me think about the letter. I think it would be worth raising the issue of them threatening to default you as well." (post #15) cheeky i know but don't s'pose you have had a chance to come up with anything regarding a suitable reply letter please? Thanks again hunny, Mpols x

dunno if have the right energy for a 'fight' at the mo - am more likely to cause a riot ha ha. didn't think to send copy of the no agreement letter to them - could always send it with the acc in dis letter mayb? As scabhunter said earlier it would make a gd comeback to them for when they demand money next ie, this default notice? Mpols x

Evening peeps - update. Received the following from cabot as reply to acc in dis template & am hoping somebody could kindly advise me on the 'legal jargon' they have thrown in as to whether 1) they are right and 2) what it actually means. So soz for being dense but mu brain just doesn't seem to factor it all as it should some days - also soz if any bad typos but am inputting as scanner poorly doh! Here goes: Our response to your correspondence I refer to your letters dated xx/xx & xx/xx and our letters dated xx/xx and xx/xx. I understand your letter relates to a request you have made for a copy of your agreement with Barclaycard Littlewoods ("BL"), the original lender. The cabot financial group purchased your debt from BL on xx/xx/07. In your letter dated xx/xx, you state that you are entitled under sections 77-78 of the cca'74 to a copy of the credit agreement that you signed with BL. Although Cabot does not have an obligation under section 77 and/or 78 to supply this info, cabot will assist the original lender and customers in providing this info. We have made several urgent requests to BL to forward any documentation relating to your acc to us. Unfortunately cabot has not received documentation due to a delay in retrieving this info from their archives. We shall however cont to pursue this info and on receipt of it will fwd to you accordingly. Please be advised that the failure to providea copy of your agreement in time does not affect the lagality of your debt with cabot but merely renders the credit agreement unenforceable until suce time the agreemetn can be produced. As aforementioned, cabot does not have a duty to provide this info and therefore s78 does not apply to us. As a gesture of goodwill, cabot has and shall cease any collection activity until such time the agreement is supplied to you. With regards to your subject notice under ssection 10 of the dpa '88, s10 (1) of the dpa states: "subject to sub-section (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of suce period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground, for specified reason - (a) the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and (b) that damage or distress is or would be unwarranted." Section 10(2) of the dpa states: "subsection (1) does not apply (a) in a case where any of the conditions in paragraphs 1 to 4 of schedule 2 is met, or (b) in such other cases as may be prescribed by the secretary of state by order." refer your attn to para 1 to 4 of schedule 2 of the dpa which states: conditions relevant for purposes of the first principle: processing of any personal data 1. The data subject has given his consent to the processing. 2. The processing is nec' a. For the performance of a contract to which the data subject is a party, or b. For the taking of steps at the request of the data subject with a view to entering into a contract 3. The processing is nec' for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract. 4. The processing in order to protect the vital interests of the data subject." You shall note that section 10(2)(a) of the dpa the words "any of the conds" and para 1 & 2 of schedule 2 of the dpa are entirely relevant to your case. As you signed a credit agreement which has been assigned to cabot of which the terms we are entitled to enforce, section 10(1) of the dpa does not apply to your circumstances. I trust i have set out our position clearly. If you have any other queries in relation to the above acc blah blah Yours sincerely, Steve Perring (customer assurance adviser)" comments gratefully received many thanks as always Mpols x ps They stated the date of my letter to them wrong too!

ps, Hi fox, soz hun, not been online properly couple days as not been 100%, hope you well tho? & Every1 else! Take care, Mpols x

ok peeps, (evenin all by the way), Not sure if this is an 'official' default notice or not beings have had similar from others in the past that haven't been so here goes: "Default notice served under section 87(1) of the ca'74. Running acc credit xxxxxxxx We refer to the above agreement which you have entered into with us. The payment clause of the agreement provides that you must make the required periodic payment in full by its due date. You are in breach of that clause because you have failed to make all your periodic payments in full when due and arrears amounting to £xxxx.xx are outstanding. (I have been on reduced min payment scheme with them AT LEAST a year with no probs & this seems like a kinda high amount of arrears so will obviously check paperwork again in bit). To remedy this breach you must pay us the total arrears of (amount above) before 25/12/08. If the action required by this notice is taken before the date shown no further enforcement action will be taken in respect of this breach. If you do not take the action required before the date shown then the further action set out below may be taken against you. * Further action: On the date shown, we shall require payment of the outstanding balance on the account less any rebate allowable, as set out below, Amount of outstanding balance xxxx.xx (same amount as s'posed arrears as opposed to current balance as stated in letter received two days ago ) Less rebate 0.00 (awww) Total amount to be paid xxx.xx If you are having difficulty in paying any sum under this agreement or taking any other action required by this notice you can apply to the court which may make an order allowing you or any surety more time. If you are not sure what to do contact ts, solicitor etc etc This notice should also include a copy of the latest office of f'trading sheet on default (it didn't). This contains important info about your rights and where to go for support and advice (CAG ). If it is not included, you should contact us to get one ( i won't)." How come the only 'further action' is to demand the amount they are already demanding but naming it the outstanding balance in this para as opposed to arrears in the prev para? I'm assumming (prob wrongly) that because they haven't provided my agreement that they know they can not actually enforce it any other way until they do, so what is the point in threatening to?? Am still peeved that they sent this 'apparently' before they even knew if i had paid this month or not, again presumably to scare us into paying in full because they haven't got the agreement?? Thanks as always, Mpols x

Hi Lowwill, how are u doing? I had reply from Cabot today - will post it in my thread in full in a mo (am in mid of trying to get youngest to bed lol) but it basically said that they still hadnt found agreement and were ceasing collections of payments on my acc until they could provide the agreement for me - so you see, there really is prob nothing for you to worry about as fox (& others have told you)! It has only been about a month since i sent them the 1st letter re cca request. Good luck & take care for now. Mpols x

Thanks for advice SH! Had a letter today from them stating Default with the following but not sure if is proper one or not so will input it (no scanner) & would appreciate opinion pls? What pee's me off is it's dated the 27th when payment which we withheld wasn't til 28th so that seems bit out of order plus the letter in post one was dated 28th (day later) & arrived on the 1st (2 days sooner) - It takes the mick that they get sooo defensive & fire off these default notices whether you have actually defaulted or not, simply because a person requests an agreement that they have every right to see!! Anyway, will post the note in a mo (am in mid of trying to get youngest to bed doh!). Thanks again, Mpols x