Here is todays latest update:
Our response to your correspondence
I refer to your email below, which was received on 2nd June 2011.
In your email you acknowledge receipt of the information we have provided in response to your request pursuant to section 77/78 of the Consumer Credit Act 1974 (“CCA”). However, I note you remain dissatisfied with the same.
Upon reviewing our records, I refer you to our previous correspondence dated 19th May 2011, in which Cabot Financial (Europe) Ltd responded to the issues you have raised and our position remains unchanged. I would with respect advise you that you have been misinformed in relation to the arguments you continue to raise and you have no grounds for your continued dispute and failure to repay your financial liabilities.
In addition to the above, I note your reference to section 127(3) of the CCA. From the documentation previously provided, there is no question as to the enforceability of your credit agreement. It clearly complies with the requirements of the CCA and the Consumer Credit (Agreements) Regulations 1983, relevant at the time. Should you intend to challenge the enforceability of your credit agreement, you must apply to the Court to obtain a declaration of unenforceability. We would recommend you seek independent legal advice prior to the commencement of any such proceedings.
We would also like to highlight that the sole purpose of the CCA is for consumer protection, not to provide a method for the avoidance of a debt, which we believe you are attempting in this matter.
I would again like to reiterate that the information provided is sufficient to satisfy the requirements set out under section 77/78 of the CCA. It is also adequate to justify the existence of this debt and your liability to repay the same. Therefore, we recommend that you continue to maintain payments in accordance with your agreed repayment arrangement, which for your information has been agreed for a monthly payment of £1.00.
Finally, I note from your email received on 1st June 2011 that you refer to recent correspondence we have sent in relation to your account, which states we have recently purchased your account. I would like to take this opportunity to clarify that this letter was a duplicate of the introductory letter, which was originally sent to your address on 22nd December 2006. Therefore, it is clear that we have not been illegally trying to collect payments on your account as you have alleged.
The Customer Assurance department will not enter in to any further correspondence with you regarding this matter as we have continually responded to the issues you have raised.
For your ease of reference the outstanding balance on the above account is .
I trust I have set out our position clearly.
Customer Assurance Advisor
Cabot Financial (Europe) Limited
1 Kings Hill Avenue, West Malling, Kent, ME19 4UA
Tel: 0845 026 0463