received from cabot

[debt4get]

your request for information under the CCA

we acknowledge receipt of your request under section 77 and or 78 of the CCA 1974

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

cabot financial does not accept the statutory fee required under section 77 and or 78 of the cca and as result cabot have returned the fee of £1 that you sent

we anticipate that we will be able to supply the information within 12 days in the event we are unlikely to obtain the info with those time limits we will write to you again

 

Question, I thought under the cca cabot has to provide the information reqested ?

question, how come theyve returned my fee

any ideas what to do next?

[PGH7447]

Does not matter the clock is now ticking

 

Good Luck

 

PGH7447

[42man]

They now have 12+2 working days to provide you with your CCA otherwise they will be in default of your request, if after a further 30 calendar days they still haven't provided it then they have committed an offence under the Consumer Credit Act 1974 then you must report them to the FOS and Trading Standards...!!

 

They are obliged to provide it if they have bought the debt....Cabot will try the old we've bought the rights but not the duties rubbish....which holds absolutely NO grounds under the Law Of Property.....!!!

[debt4get]

thanks for the messages folks so cabot are obliged to supply information and I simply sit back and wait for clock to tick down?

[42man]

Absolutely, if you hear any more from them, keep us posted.....

[debt4get]

thnks will let everyone know if I receive anything more off them

[ODC]

For the information of the Cabot Employees who think they do not have to supply a CCA when required

 

This from the Consumer Credit Act 1974

 

175 Duty of persons deemed to be agents

Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him

forthwith.

 

 

189

 

“creditor” means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor;

[loyalbrummie]

good post above , except can they read , they dont seem to understand basic english .

[diskmandave]

Further to ODC's post above.....

 

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

If I received a reply like that i'ld be camping outside our Trading Standards office!

 

It wouldn't cost you anything or indeed hurt your cause to run that reply past your local office!

 

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

Regards, Dave.

[debt4get]

your request for information under the CCA

we acknowledge receipt of your request under section 77 and or 78 of the CCA 1974

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

cabot financial does not accept the statutory fee required under section 77 and or 78 of the cca and as result cabot have returned the fee of £1 that you sent

we anticipate that we will be able to supply the information within 12 days in the event we are unlikely to obtain the info with those time limits we will write to you again

 

After taking advice I wondered if cabot financial are allowed to do this after I asked for the original credit agreement under section77/78 of the CCA 1974 it seems this company believes it can do what it likes as regards these regulations

I would appreciate your take on the matter, they are claiming they are trying to collect on debt of which I know nothing and without any supporting paperwork.

have sent this to my local trading standards DO you think I ought to send a copy to cabot?

[diskmandave]

ODC's post above;

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/133064-received-cabot.html#post1401464

 

These are extracts from the Consumer Credit Act 1974 and are not open to manipulation by Cabot.

 

Regards, Dave.

[debt4get]

thank you all for the above information have just emailed cabot the following

Thankyou for your letter ref Tammy/461722 dated 25 feb 2008 I was most concerned to read that either yourself or your company do not consider yourselves bound by the CCA

your letter of the 25 feb 2008 stated:

 

your request for information under the CCA

we acknowledge receipt of your request under section 77 and or 78 of the CCA 1974

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

cabot financial does not accept the statutory fee required under section 77 and or 78 of the cca and as result cabot have returned the fee of £1 that you sent

we anticipate that we will be able to supply the information within 12 days in the event we are unlikely to obtain the info with those time limits we will write to you again

I have underneath sent you the various pieces of the CCA to which you must adhere

For the information of the Cabot Employees who think they do not have to supply a CCA when required

This from the Consumer Credit Act 1974

175 Duty of persons deemed to be agents

Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him

forthwith.

 

189

"creditor" means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor;

 

I trust you understand that the 12 day timelimit is now in operation to supply the documents requested

if you do not you will be in breach of the CCA if they are not supplied after 1 month you will also have committed a criminal offence. I will also be sending back your £1 check as payment for the information that must be supplied

yours faithfully

[debt4get]

oops received reply from crabot today

We are experiencing a delay at getting the information you requested, at the moment we are therefore placing your account on hold until we can find the information

(or in other words we cant find your credit agreement, and at this time have not got a leg to stand on, isnt it nice to have the upper hand for once?) its the last bit that really got me and I quote

'please note we are continuing to assist you in your queries and also strive to provide you with excellent customer service' ****!! they'll be going for a bl**dy award next.

one question though if they fail to produce within 30 days are they still committing an offence?

[debt4get]

like a numpty have actually been paying monthly on this account, if they cannot produce the cca, can I claim the money I have paid to them?

[ODC]

Sorry but NO. Make sure you stop paying these IDIOTS NOW

[maroondevo52]

Don't think so nblaen, the debt still exists, only without the CCA they can't persue it.( or they can, but once you've said your not paying it, I think that should be the end of the matter).

 

 

Regards.

 

Scott

 

[debt4get]

rite I stopped paying the thing 2 months ago when I found it was for a debt that I have no knowledge of, hence the writing back and forth with crapbot

[NailPost]

If its not your debt and you can prove that you should ask for your money back. If Cabot refuse you could issue a county court claim for it. In the view of the law what they are doing is tantamount to fraud and/or theft. But if as the others say it is your debt and you are just stopping payment because they can't prove it you'd be spitting into the wind.

[debt4get]

dont recall it being my debt but without any supporting paperwork how can I prove it? the other strange thing is, there is absolutely nothing adverse showing on my credit report

[debt4get]

cabot have now replied dead on 12 day deadline, quote unable to retrieve information at present so as a goodwill gesture they have put the account on hold until they recieve futher information from original lender unquote

a bl**dy goodwill gesture who the hell are they kidding?

[maroondevo52]

They sent me the same 'goodwill gesture' letter. But no sign of CCA

[andrewman]

I recieved a phone call tonight (20:39) from cabot, the lady asked for me,when i told her she was speaking to me,she wanted details for security purposes,i promply refused saying i do not know who she is,and i also beleive they do not have the right to persue me for a debt belonging to barclycard because i have an agreement with barclycard to pay my debt in small installments. I also told her that i have requested some information from cabot to be sent to me by post. I also complained about the time,as it is after 8pm i class said call as harassment and i will report it if necessary, her reply was, we can call upto 6 times a day until 9pm, i said she can not do so and they cabot are not to ring me again. to put the point across i sent by email the telephone harassment letter. Lets hope they listen but i doubt it.

[debt4get]

They sent me the same 'goodwill gesture' letter. But no sign of CCA

I really do believe we should put them up for an award as they seem to be real caring sharing individuals (not)