yes they sound marvellous especially 'meet the team' judging from the amount of phoning they do they obviously havent learnt that this is harassment in fact on their website they actually boast about it

Dialler intensity

• Telephone penetration uplifts

• Automated Voicemail/SMS contact

strategies

this company called clarity are ringing my phone 4 to 5 times a day looking for my wife, eventually told them they were getting annoying and to communicate only by letter, so far after a week nothing

anyone know who they are? assuming they are some DCA but cant find any info on them anyone help?

sorry curlyben must have been writing mine whilst u were replying, so I take it its just a waiting game for them to prove legal right to collect if they come up with cca will come back then and ask thanks for the info

no to cca yet, but like I said in my 1st post to whom do I send in my request for SAR when time comes?, providian no longer exist and Im pretty confident they are not going to come up with cca, have told them they have 12 days or they will be in breach

Have a disputed debt with crapbot have sent for cca but they say they do not have to supply but to be helpful they will try, the original debt they say was with providian now have googled that but they appear not too exist any more, I've actually being paying on this debt 5 pound per month for about 2 years it was only when cabot wanted to put up payment that I found out what debt it was for dont remember ever having a card with providian, told cabot im not paying any more sent off pound which they sent back, would like to sar but dont know who to send it too im betting if cca is valid that the debt is most likely down to unlawfully high bank charges which im gonna claim back

any suggestions greatfully accepted

have you been onto saynotoyescarcredit there are loads of problems same as yours it would appear that you were missold ppi also there are problems with the original contract with deposits taken put onto insurances instead of off car balance, you have a good case good luck

they are trying to bully you into paying, do not phone them under any circumstances, sit back and do nothing, if by any chance they do take you too court they are going to have to produce the cca which they dont have, it is not your responsibility to write to northern rock it is theirs, do not allow these people to make your life a misery ignore them till they find the cca

thank you all for the above information have just emailed cabot the following

Thankyou for your letter ref Tammy/461722 dated 25 feb 2008 I was most concerned to read that either yourself or your company do not consider yourselves bound by the CCA

your letter of the 25 feb 2008 stated:

your request for information under the CCA

we acknowledge receipt of your request under section 77 and or 78 of the CCA 1974

the cabot financial group is not obliged to provide this information but we are pleased to help and have already requested the documentation for you from the original lender

cabot financial does not accept the statutory fee required under section 77 and or 78 of the cca and as result cabot have returned the fee of £1 that you sent

we anticipate that we will be able to supply the information within 12 days in the event we are unlikely to obtain the info with those time limits we will write to you again

I have underneath sent you the various pieces of the CCA to which you must adhere

For the information of the Cabot Employees who think they do not have to supply a CCA when required

This from the Consumer Credit Act 1974

175 Duty of persons deemed to be agents

Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him

forthwith.

189

"creditor" means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor;

I trust you understand that the 12 day timelimit is now in operation to supply the documents requested

if you do not you will be in breach of the CCA if they are not supplied after 1 month you will also have committed a criminal offence. I will also be sending back your £1 check as payment for the information that must be supplied

yours faithfully

your request for information under the CCA

we acknowledge receipt of your request under section 77 and or 78 of the CCA 1974

the cabot financial group is not obliged to provide this information but we are pleased to help and have already requested the documentation for you from the original lender

cabot financial does not accept the statutory fee required under section 77 and or 78 of the cca and as result cabot have returned the fee of £1 that you sent

we anticipate that we will be able to supply the information within 12 days in the event we are unlikely to obtain the info with those time limits we will write to you again

After taking advice I wondered if cabot financial are allowed to do this after I asked for the original credit agreement under section77/78 of the CCA 1974 it seems this company believes it can do what it likes as regards these regulations

I would appreciate your take on the matter, they are claiming they are trying to collect on debt of which I know nothing and without any supporting paperwork.

have sent this to my local trading standards DO you think I ought to send a copy to cabot?

thnks will let everyone know if I receive anything more off them

thanks for the messages folks so cabot are obliged to supply information and I simply sit back and wait for clock to tick down?

your request for information under the CCA

we acknowledge receipt of your request under section 77 and or 78 of the CCA 1974

the cabot financial group is not obliged to provide this information but we are pleased to help and have already requested the documentation for you from the original lender

cabot financial does not accept the statutory fee required under section 77 and or 78 of the cca and as result cabot have returned the fee of £1 that you sent

we anticipate that we will be able to supply the information within 12 days in the event we are unlikely to obtain the info with those time limits we will write to you again

Question, I thought under the cca cabot has to provide the information reqested ?

question, how come theyve returned my fee

any ideas what to do next?

re interest on charge orders this area seems to be a minefield some sites say interest is frozen and others are saying interest is payable at 8% per annum for the duration of the debt, I attended CAB last week they insist that interest is payable on a charge order they did show me on the net but I didnt take note of the site they used though someone mentioned it was simple interest and this is so, at the moment without consulting legal advice I cannot say with any certainty that interest will/or will not be charged

killerschick I agree that interest cannot be charged on a cca if creditor obtains a ccj then interest is frozen unless creditor applies at time however, this does not apply to charging orders as confirmed by the CAB they found the relative statute for this, this morning managed to put the 800 quid I owed this git and paid him off to have order removed. They can and will charge you interest if they obtain a charging order that is why you must defend it before final order, is obtained you can contest it along the lines that the house is worth far more than the debt involved but be prepared to make a reasonable offer of payment if u owe the debt

thanks for the reply I was wondering as my loans were taken out in 98 on

however, that does not help you or the other thousands like you, why is it from 98 on whether you pay is dependent on income and managed through paye so you do not have to formally declare deferrement yet before 98 you must apply for deferment

have you brought this to the attention of the national press tv radio MPs and just about anyone you can get to listen, this must not be allowed to continue you should have the same rights as pre98 as to post98 for myself there by the grace of god go I if I had been another year earlier I'd be in the same mess I really feel for you all

can someone tell me are these loans for courses taken before 1998 or after because on the gov website it states quite categorically

If you started your course in or after 1998, your student loan repayments will be based on your income.

If you earn less than a certain level of income - the 'repayment threshold' - you will not be required to repay anything. If you earn above the threshold, you will repay a percentage of the amount you earn over the threshold.

If you started your course before 1998, you will have a different type of student loan.

I think this may be difficult as you say you've acknowledged the claim, how old was the overdraft cos if it was over 6 years ago it would have been statute barred, if its old the chances are the overdraft is due to large bank charges, your best bet would be to get the statements relating to account going back 6 years and put in a counterclaim for the money this should put the account on hold until sorted

try not to stress about it too much they have to prove first you are the debtor then come up with all the paperwork which they are not very good at doing, dont let em spoil your weekend they aint worth it

The house is in joint names but the debt is in my name

If the debt is in your sole name, but you own the house in joint names with someone else, they have the right to tell the court all the circumstances and why they would suffer hardship if a charging order is made. They should have been sent a copy of the interim charging order and given an opportunity to go to the hearing to put their points. For example:

• Who paid for the deposit to buy the home?
  
• Who has made the mortgage payments since?
  
• If there are children at home, ask the court to put a condition that the house cannot be sold by the creditor until the children have grown up.
  
• The co-owner will need to file and serve written evidence of their objections at least 7 days before the hearing.

If a charging order is made by the court, then it will only apply to your share of the property.

DONT KNOW IF THIS WILL HELP BUT IF YOU HAVE CHILDREN, WIFE, YOU SHOULD BE ABLE TO DO THIS

that absolutely sucks have you spoken to a solicitor about how the charging order was handled because if there is a debt to value ratio it may be worth looking into, nice of them to suggest the secured loan take it its at extortionate rates of interest

god that was unlucky the judge musta been having an awful day, normally the charge order is not given because the property is worth so much more than the debt owed

I bought a car from a local dealer, for 5600 on finance unfortunately after about 18 months to 2 years fell ill and unable to pay. dealer repossessed car and according to him sold it for 100 pounds to offset the debt I think it left a shortfall of about 2 grand. he obtained ccj and attempted to enforce payment I refused his next tactic was to obtain a charging order on my house this he did with some ease as I didnt see the papers he was supposed to have sent

anyway to cut a long story short he tried to enforce charging order to sell my property, went to court judge granted a stay providing I paid the guy some money every week we settled on a judgement of 1600 pounds paying him 30 quid a month this is where life gets difficult.

If they obtain a charging order on your property they can also charge interest on the debt 8% per annum compound interest. if you do not pay enough to cover the interest they will eventually own your home.

if they apply for a charge order YOU MUST OPPOSE it in court, most the time the judge will not grant on a small sum under 5000, but if you do not attend the charge order will automatically be granted.

this link may help send the letter and sit back and wait

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131312-statute-barred.html best of luck with it nblaen

bobbysox whatever you do DO NOT ring them, if they ring you and the chances are they will tell them to sling their hook

I dont know offhand you will have to read the threads but there is something about a statute of limitations on these debts I have a feeling yours falls into that category

thanks dibs had already sent letter saying did not acknowledge debt come up with the paperwork awaiting their response