Richard1st
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Cabot CCA Request - Consumer Credit Act 1974
Richard1st replied to Richard1st's topic in Lloyds Bank
The O/D was taken out in 2004. Since my last post cabot (being the kind folk that they are offered me a 40% early settlement, I offered them a lower figure. They have not replied to my generous offer but sent out the original offer letter with a new date on. Funny folk! I have then received a statement of account and a NOTICE OF ARREARS, I had a payment of £1 pcm in place with Lloyds prior to Cabot getting involved and have continued this on S/O. What are they up to by sending this? how can it be in arrears if I am meeting the agreed payment? Also receiving twice daily calls from them (diverted to blocked) Advice please. -
Cabot CCA Request - Consumer Credit Act 1974
Richard1st replied to Richard1st's topic in Lloyds Bank
Thank-you dx, What about interest when they have been notified of financial difficulty? Do you have a suggested format for the SAR? Should a specific reference be made to the charges, interest etc? -
Cabot CCA Request - Consumer Credit Act 1974
Richard1st replied to Richard1st's topic in Lloyds Bank
dx100uk, what would constitute an unlawful penalty charge? -
Cabot CCA Request - Consumer Credit Act 1974
Richard1st replied to Richard1st's topic in Lloyds Bank
Thank-you for your response, which template in particular were you suggesting? If they are "correct" where do I stand in terms of repayment/enforcement? I currently have a very low £x pcm repayment agreed with lloyds which I have continued through lloyds CDR. What percentage of the original amount would crapbot have likely paid for such an account? -
Cabot CCA Request - Consumer Credit Act 1974 I would appreciate some advice on the following. I recently received a letter from Lloyds/TSB informing me that they had sold to Cabot a closed current account overdraft facility which had been on a nominal sum payment plan due to financial dificulty with Lloyds/TSB since they closed the account a couple of years ago. I requested a CCA using the format below: My Address Cabot Financial (Europe) Limited, PO Box No 241, Malling, Kent, ME19 4NA Re:- Account/Reference Number xxxxxxxxxxxxxxx xx/xx/xx This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. We look forward to hearing from you. Yours faithfully Mr xxxxxxxxx They have written back to me returning my £1 fee saying the following, please advise is this correct? Next steps please? "You have made a request for information pertaining to your account pursuant to section 77/78 of the counsumer credit act 1974. Please be advised, there is no need for us to provide a copy your credit agreement under the CCA for current accounts and overdraft facilities, as part V of the CCA does not apply to these accounts. The exclusion of current accounts falling into part V of the CCA is set out in section 74(1)(b). Please find enclosed your returned fee for £1 which you sent."
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