As an aside, I see that Cabot now consider the Cabot Financial GROUP to be the owner of purchased debt. Quite how that happens is beyod my comprehension. Only one company buys debts, and as far as I'm concerned, that is Cabot Financial (UK) Limited, until I have evidence of assignment. How can a GROUP of companies buy debts? Hmm. Anyway, I digress. Cabot are now breaking OFT rules yet again, by attempting to mislead on a point of law. Yes, the CCA 1974 has been supeceded but the CCA 2006. However, THAT act does not apply to agreements regulated by the CCA 1974. Of course, if that is your honest interpretation Cabot, then you will obviously have no hesitation whatsoever in taking ME to court to try to enforce MY alleged debt. Go on. Make my day. Put your money where your mouth is, and we'll see who's right. I think this need a mention in my blog. Is that OK with you, WindyWoo?

Edz apparently has spoken/emailed the author of the act, and had a definition. I can't remember which post mentions it, but I suppose a search of Edz threads will find it. However, I am of the opinion that it could be as easily construed to mean that if an agreement exists, a creditor is obliged to produce it on request. If it doesn't exist, then obviously it cannot be produced. Irrespective of the original intent of the way that part of the act is worded, common sense dictates that if something does not exist, it cannot be conjured out of thin air. Except, allegedly, by some of the rather more "creative" lenders mentioned in CAG. :D:D:D:D:D

Yup. Unfortunately, a good many people DO just blindly pay up. So it's a profitable old business. Oh, well. If Cabot want to be greedy, then tough. I have no sympathy for them.

If they are putting this down in writing, they are seriously making a mistake. Just because it is missing from the CCA 2006, doesn't mean it doesn't apply to agreements regulated by the CCA 1974, which DOES include it. So being kind to them, they are talking pish. Again.

Well really, the ball is now in YOUR court. If I were Cabot, I'd accept ANY offer that at least broke even. But I'm not Cabot, and they seem to want all or nothing. Maybe you can break the trend? After all, if you tell them take it or leave it, it's THEIR fault if they end up with nowt. So if you are hell bent on making an offer, I'd have at the front of my mind that they MAY have paid as much as 10% for your debt. And negotiate accordingly. Making damned sure that any communication to them clearly states that you are offering this as a GOODWILL GESTURE ONLY, without acknowledging that anything is owed whatsoever. An offer YOU think is fair under the circumstances, at a rate you can afford. And you want an acknowledgement from them in writing that it is in full and final settlement. Have you given any thought to making the removal of any adverse credit markers a condition of settlement?

The template-o-matic has been brought back into service again, I see. Well, if there IS no agreement available, they can't be in default of your request, I suppose. It just means they have hit that brick wall again, though. What are you going to do now Dibs? Sit back content in the knowledge they can't enforce this, or what?

NO offence intended, so PLEASE don't sue my ass. ScroogeYourself : Brought to you by OfficeMax®

Don't forget Vigilante debt purchasers. I'll have a think Sosumi, and drop you an email. I'll be travelling for the next 2 or 3 days, but I should hopefully have plenty of time on my hands once I get back down to earth.

Crown debt, Schmown debt. It's STILL all bollix.

Oh, look. It says it's regulated by the CCA in the tiny wee signature box. Well, THAT's all right then. You'd better pay up. LOLOLOLOLOL.

I assume you didn't even know these idiots were going to get a decree against you? From what my local court tells me, some folks are exempt from even having to inform you that they will be seeking an arrestment. Which means you can't even turn up to defend. Which just absolutely stinks, as far as I'm concerned. I believe this is the case when Sheriff Officers chase you for unpaid council tax. But ordinary DCA's? Someone please tell me I'm wrong.

Unfortunately, too many people DON'T go to the various bodies who can help, or sign up to Cabot and the like. I wonder if it's worthwhile writing an open letter to the many local newspapers around the country? If someone literate enough was to come up with a template highlighting the problem, and advising prople NOT to bury their heads, and to visit the likes of CAG, perhaps we could tip the balance even further in favour of the consumer? If more people realised that it's not just a theoretical exercise, and DCAs etc already ARE being successfully challenged, then even more vulnerable people could be helped. Anyone here with a penchant for the written word?

HAHAHAHA. Your application form doesn't even PRETEND to be regulated by the Consumer Credit Act 1974, so they are onto a loser there. I notice it mentions terms overleaf. I presume they haven't been included? No? Thought not. This just has to be the worst attempt at providing an agreement so far. I don't know how they ever thought they could get away with it. But then, I don't suppose they ever imagined Joe Bloggs would ever read the Consumer Credit Act 1974 either.

Let's not forget CAG's own Wiki... Main Page - Consumer Wiki

Oi! No Fighting! We're all on the same side here, remember?

See here http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/105315-my-agreement-enforceable-useful-2.html#post1290180

CC, start a thread of your own. ou are likely to get this question lost in this huge thread. Give an idea of what's happened from the start. Incuding when and why the debt has been passed to a firm of solicitors. And always remember that you have the right to communicate directly with the original lender if you wish. You appear to be a little confused as to what your next step should be, so you really do need your own thread so folks can help.

I have a sneaky suspicion that paranoia has set in since a couple of disks went missing.

I'M not a prawn. Look. I's a ickle seahorse. But I've always wanted to be a langoustine.

Yes, S65 DOES say it can be enforced only by a court, BUT... S127 (3) then says, The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner). In other words, if the agreement is MISSING the prescribed terms, or those terms are inaccurate (such as the interest rate being incorrectly calculated), the court shall not enforce the agreement. If the prescribed terms are there, but just happen to be all over the place and not as they are supposed to be laid out, it is enforcable by a court. But not enforcable at all if any terms are missing.

You've hit the nail on the head, Gem. There ARE ethical companies out there doing a job that, sadly, needs to be done. Unfortunately, it's the likes of HFO and their cronies that are dragging the whole industry down into the mire with them. There is a perfect opportunity for the CSA and other self regulatory bodies to take a firm hand and weed out the unscrupulous. But that's never going to happen so long as the industry perceives people like us as "vigilante debtors". Come on guys, lenders and debtors alike. Start thinking outside the box, and then perhaps we can all start to live in harmony.

1.5kw at 2 minutes to boil the kettle. 45 pence for a packet of digestives. Round it up to a quid for argument's sake. £38 penalty charge for breaking their agreement by not turning up. Oh, let's just call it £40. Sounds fair enough to me.

That's a first. It looks like I've had a WHOLE THREAD CAGBotted!!!! Well, it was rather personal. I was starting to post pics of the Cabot Crowd all sh!t faced and silly. I think I went a step too far showing Sadie with a vibrating pink jelly lollipop.

I love the links. Hmmmm.

Send them an invoice for the leccy and biscuits.