Cabot Fan Club - New Member - Help

[Curlyben]

Well remember NO CCA = NO Enforceable debt.

Bad luck Cabot no payment on this one

 

Here's a nice letter to send them

 

Edit as needed:

ACCOUNT IN DISPUTE

 

I refer to my letters dated XXXXXXXX which was delivered via recorded delivery to your offices on XXXXXXXX, and my follow up letter dated XXXXXXXX.

 

In my letter xxxxxx I made a formal request for a copy of the signed, executed credit agreement for the above numbered XXXXXXXX account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

 

It is also my belief that your continued pursuance of this matter also constitutes an

offence under Section 40 of the Administration of Justice Act 1970.

 

Failure to respond favourably to this letter within seven (7) days of receipt will result in immediate litigation being commenced against your company without further notice.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours faithfully

 

Their next letter will start going on about them NOT being the creditor, but having bought this debt under Law Of Property 1925 s136.

Well this is cobblers and they MUST supply documents for your CCA request.

When they do respond post back and we can help.

[Curlyben]

Sorry Seahorse, thought I'd try my hand with some Cabot correspondence for a change

[Curlyben]

Hold tight till they pass 12+month and then WAIT until they demand payment again.

Send the letter AND report them to Trading Standards for demanding payment for an unsubstantiated debt

[Curlyben]

So received on 09/08

12 working =27/08

Month = 27/09

You don't count the day they received as they are allowed that for processing

[Curlyben]

Oh well smell like Cabot as ever.

Can you say "unenforceable"

[Curlyben]

This isn't a GE Money store card by any chance.

I had a similar experience with them earlier on in the year.

CCA'd the DCA, got a borderline application back and told them I was going for the charges.

Got some information from GE but no where near everything.

Then out of the blue the DCA said they had closed their account and returned it to the OC.

Well that was 6 months ago and I haven't heard anything since.

 

Shame really as that would of been an interesting fight

[Curlyben]

*ROFLMAO*

Yep and I can paint with my fingers, doesn't make me Damien Hurst.

[Curlyben]

*Yawn*

 

Sorry I thought that they had something worth while to say.