cca requests

[Dav3yBoy]

Hi all,

 

I have written to 4 of my creditors requesting CCA and agreements and these are what i have recieved back (my requests were sent on the 7th Nov)

 

CABOT FINANCIAL:-

 

We acknowledge receipt of your request under sections 77 and/or 78 of the consumer credit act.

 

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.

 

We anticipate that we will be able to provide this information within 12 days. In the event we are unlikely to obtain this information within those time limits, we will write to you again.

 

Emma Robertson - customer relations manager

 

LINK FINANCIAL:-

 

You have recently made a request under section 77/78 for copies of various documents.

 

As you are aware LINK FINANCIAL purchased your account from NORTHERN ROCK on 29 June 2007 and as such we do not always hold this documentation. We have requested a copy of the agreement and the most recent terms and conditions your account was operated under from NORTHERN ROCK and look forward to sending this to you in the near future, however please be advised that this can take up to 30 days to provide.

 

No administration charge has been applied to your account at this time and therefore any payment made with your request has been applied to reduce you outstanding debt. However where cost is incurred by Link for the provision of any statements by the Vendor we will pass these charges to you.

 

Your account has been put on hold for the next 14 days for you to contact this office with further details as requested above.

 

End of letters.

 

 

What do i do? Do i leave it and wait for the 12 days + 30 if nothing happens?

 

And what is the request at the bottom of Links letter? What further details are requested above??

 

As i say, these are the letters word for word as i don't have a scanner.

[Dav3yBoy]

Just noticed, These letters are sooooo generic and probably sent out saying the same thing.

 

When i sent the Link letter i forgot to put the cheque in it yet they don't mention anything about being able to charge for this info and therefor i need to send payment. Instead they assume that i have sent payment and have put it against my account..

 

I should say i sent a cheque for £30k

[shane5408]

I would just sit tight until they default on the time limits then contact trading standards, also after 12 working days you are within your rights to withold any payments

 

regards,

shane

[shane5408]

The Cabot Financial Group is not obliged to provide this information

 

This is also not true, under s175 of the Act they, as agents on behalf of the original creditor have a duty to pass any said request on to the OC

 

regards,

shane

[shane5408]

We have requested a copy of the agreement and the most recent terms and conditions your account was operated under from NORTHERN ROCK

 

They need to provide you with a copy of the T&c's applicable at the time you opened the account, especially if the agreement has been varied in any way, otherwise how can they show proof you gave consent to the variation. If they only send a copy of the most recent t&c's they have not satisfied their responsibilities under a s77-79 request and remain in default until they do

 

regards,

shane

[Dav3yBoy]

I think i will just wait until they default.

They are obviously trying to cover their back sides but it isn't good enough.

 

Thanks for all the advice, brilliant.

 

Dave

[ScarletPimpernel]

I think i will just wait until they default.

They are obviously trying to cover their back sides but it isn't good enough.

 

 

 

I don't think they're trying to cover their backsides; they are deliberately trying to deceive and mislead. It is simply not credible that these organisations are not aware of their obligations under the law that regulates such fundamental aspects of their business.

 

Given that this grubby industry's trade association, the ridiculously pompous CSA, is clearly not inclined to ensure its members act correctly (they are far more concerned with promoting debt-collectors as 'contributors to the country', and criticising debtors who dare to use the law), perhaps the regulators ought to undertake a review of the industry practices, and take action to stop these companies lying and cheating.

[Allwood]

ScarletPimpernel - I totally agree with your posting.:?

[Dav3yBoy]

Cabot are hilarious,

 

They have sent me a statement. Thats it, a statement showing the debt.

Do they think this is all they have to supply?

 

Well, the 12 days is up so i am nopw counting down to the thirty days which will be 19th Dec

 

Not giving up on this

[Dav3yBoy]

Happy new year everybody

 

Just an update and some help.

 

The deadline has passed for all my creditors that i requested CCA. The date was 19th December and i haven't heard anything from any of them apart from Cabot who sent me 2 statements of my account (which doesn't even resemble anything close to an original agreement)

 

I have left it until the new year to give an extra chance but nothing so can someone please point me to the appropriate letter informing the DCA that they have defaulted by law

 

All help greatly appreciated.

 

Dave

[spamheed]

I would leave it until they request payment, or until they pass it to the next desk on the left. Then Complain.

 

It isn't your job to remind these people of the law, nor their obligations under it. Given that their whole industry is legislated by this single set of laws, I would have thought they should know it by heart.

 

Say Nowt, Do Nowt, let the clock keep on ticking. They already know they're in default, they already know their status, you don't need to remind them

[Dav3yBoy]

A quick update...

 

I received my first acknowledgement from one of my creditors (albeit way past the time allowed) It says the following...

 

Dear Mr xxxx

 

Your request for information under the Consumer Credit Act

 

Unfortunately Cabot has not been able to provide you with the requested information within the relevant time period. We have worked hard to obtain this information for you. (oh my heart bleeds)

However, the original lender has not yet been able to locate the relevant information from their archives.

 

You are of course entitled to request the information direct from the original lender.

 

Your Account

 

Cabot shall continue to hold any action on your account until further notice.

 

What happens next?

 

Although Cabot is dependant on the original lender for the information, the relevant time period has now expired. However, Cabot shall continue to request the information from the original lender to assist you with your request. We hope to receive the relevant information shortly.

 

Yours Sincerely

 

E Robertson

 

 

Now...

 

What do i do?

 

This letter is to me an almost cop out. When i have requested to speak to the original creditor i have been told that it is now the property of Cabot and they can do nothing. Yet Cabot are saying i should contact them???

 

Do i write back??

 

Help please

 

 

Dave

[Boro]

Sit back and relax, even if they did come up with a copy of the credit agreement that meets all the prescribed terms now they cannot enforce it (without having it made enforceable by a court)

[spamheed]

Do nowt, wait until they demand money from you, or pass it to the next link in their chain.

 

then complain away

[Dav3yBoy]

Update:

 

Link have come up with the credit agreement, although the time allowed expired in December 07.

 

What do i do now?

 

My plan is to write back stating that they broke the law by not providing it in time. Then making an offer of payment (monthly payment £50)

[Dav3yBoy]

But they haven't supplied the terms and conditions, do they need to give this info?

 

Dave