Cabot refuses to provide debt details returns PO

[golfpro]

Cabot wrote to me on 25th March 2008 informing me that they had 'recently bought the account I held with Goldfish Bank', and requested payment. I naturally wrote back with the 'standard letter' and postal order requesting proof of under s77/78 of the CCA 1974.

 

I've just received a letter back where they inform me 'The Cabot Financial Group is not obliged to provide this information but we are pleased to help and have requested the documentation for you from the original lender'. The have also returned the postal order.

 

The seems against the CCA. Just wondering what I should do here? I naturally haven't admitted the debt.

[PossVox]

Hi,

 

Apparently it's common for Cabot to return the P.O.

 

This is their standard response to a CCA request.

 

Wait and see what they come up with but remember that the clock is now ticking for them to comply with the time limits to supply.

 

That's 12+2 days and then a further 30 calendar days.

 

PV

[maroondevo52]

Hi, Golfpro.

 

Just file under ignore, until they comply with your CCA request.

 

 

Regards.

 

Scott.

[maroondevo52]

Nice one Poss,

[golfpro]

Hi,

 

Thanks. Cabot's was quite a confusing reply:

 

1. They state they are not obliged to provide the information.

 

2. Have passed the buck back to the original lender (will that include a 'deed of assignment'?)

 

3. Then state 'WE anticipate we will be able to provide this information within 12 days'.

 

Just wondering. Should I 'insist' they accept the P.O. for this? By them not doing so, does it get them out of their responsibility re the CCA?

[PossVox]

hi,

 

the £1 fee is not mandatory.

 

all you should do now is WAIT!

 

this is the hardest part of this process... you feel much better when you're being pro-active... waiting's really worrying... and boring

 

Sit tight, try not to worry.

 

PV

[PossVox]

Afternoon Scott!

 

Cheers Man!

 

PV

[golfpro]

hi,

 

the £1 fee is not mandatory.

 

all you should do now is WAIT!

 

this is the hardest part of this process... you feel much better when you're being pro-active... waiting's really worrying... and boring

 

Sit tight, try not to worry.

 

PV

 

Agreed. I'll sit tight. Thanks to all for the advice.

 

GP

[JonCris]

The £1 fee is mandatory if you want to force their hand.

 

By returning it without your protest they can claim that you accepted their position

 

In the meantime write back refuting their claims & mention that as far as you and the law are concerned the clock started running from the date of your original request

[Seahorse]

It's important NOT to bank the PO or cash it in. Keep hold.

 

While you are waiting, have a good read of all the other Cabot threads. This will give you a good idea of how this lot operate.

[golfpro]

The £1 fee is mandatory if you want to force their hand.

 

By returning it without your protest they can claim that you accepted their position

 

In the meantime write back refuting their claims & mention that as far as you and the law are concerned the clock started running from the date of your original request

 

Having had a scan through previous Cabot threads earlier this morning this is my concern. That by accepting the PO return with out protest I am effectively (as suggested) accepting their position.

 

GP

[JonCris]

Send the letter as suggested & enclose the PO saying that if they want to comply with your request for free that's upto them but the clocks already ticking

[Seahorse]

Try not to worry too much though. Whether you do or don't accept their explanation is immaterial. It doesn't change the fact that there is a law to be adhered to, regardless of how slippery and sneaky they THINK they are being.

[JonCris]

Failure by the OP to respond to their latest ruse WILL be used by them as mitigation should any complaint be made or if raised in any future court proceedings

[golfpro]

Yes I've decided to send it back as suggested above. If they return it again, then I've effectively done all I can do.

[JonCris]

Good - you know it makes sense:)

[mojo130]

Icannot see any reason to return the £1 to Cabot. I have had the same response from Cabot. Their letter admits they received the £1 by returning it to you. Therefore you have complied with the CCA 1974 and it is for them to do likewise. These tactics used by them are to confuse you into thinking you are wrong in insisting that they have to supply a valid copy of a CCA. The law is clear, they have to and they know it.

[JonCris]

mojo In an ideal world yes but unless you haven't noticed we ain't in an ideal world & what THEY know isn't relevant it's what they think THEY can get away with that's important

 

If the OP does not respond as suggested they WILL use that as mitigation to defend their actions in court or elsewhere

 

Even if the court takes any notice the DCA WILL claim "we thought the consumer accepted our position Sir because we returned the payment, with an explanation & they said now't"

[Seahorse]

Doesn't matter what GP thinks. Even if he WAS persuaded by Cabot's chicanery, the fact remains... the law is the law.

 

The thing to remember is, for Cabot to be correct, they must join with the original creditor in any action. But they never will.

 

What will likely happen is, they will write, and their template is such that they virtually admit that they are obliged to adhere to the Act. Unless, of course, their template writer is reading, and gets busy with the template-o-matic sharpish.

[mojo130]

Cabots standard reply states that they have requested the original CCA from the original lender. They know they have to supply it.

 

I always send a Default letter after 12 days stating that they will be committing an offence if a CCA is not received in a further calendar months time. By doing this they know you are not accepting their blustering.

[Seahorse]

That's the spirit. Kicks off their own complaints procedure, the failure of which means you are entitled to complain to the FOS.

 

Oh, look. Here's their complaints procedure...

 

Complain : Cabot Financial Blog

[JonCris]

Seahorse the problem with your belief although correct is that if the DJ is persuaded by their 'chicanery' it might be too late to do anything about it. - unless you have evidence that you didn't accept their position

 

We can all pontificate about what's right & what's wrong , what's the law, all day long but in end it's about winning. It's about tactics not necessarily about what's right or wrong

 

I also think it would be particularly galling if they won their argument because of an ommision by the consumer

[Seahorse]

It's all a technicality really JC. If it got to the stage of Cabot initiating court proceedings, without an agreement, they cannot win. It's all a bit of a red herring, this Rights but not the Duties nonsense.

 

All JG needs to remember is, a lack of a properly executed agreement is a complete defence to any litigation. So even if they say they don't need to produce one now, they WOULD have to do so in order for a judge to enforce the debt. So if one actually does exist, they'll be VERY quick to produce it, don't you worry.

 

I would favour the "wait it out then complain", tactic. Once the 12 working days have passed, send default letter as mentioned earlier, then followed a further 30 days later by a reminder that they are now in criminal default. Once their own complaints procedures have expired, then complain to the FOS without further warning. That will cost Cabot £400. They can then argue with the FOS about the CCA not applying to them and see where it gets them.

[kel123]

I know it is slightly different but the principle is the same. Hbos wrote to me saying that I had not suplied £10 for my charges to be produced and that they will not supply them with out it. My reply was:

 

26th March 2008

Lee Gilbert

Data Subject Access Request Team

Customer Relations

10 Carlton Street

Halifax

HX1 2AL

Your Ref: xxxxxx

Acc No. xxxxxx

Re: request for £10 payment

With reference to your letter dated 19th March 2008 in which you requested £10, Your bank has already cashed the cheque which was enclosed with the original letter dated 29th February 2008 and signed on behalf of your bank on the 3rd March 2008. The cheque was cashed by yourselves on the 6th March 2008.

The letter is in no way misleading and it is clear that £10 was to pay for the request.

If you have any other problems in meeting your obligations please do not hesitate to contact me by letter.

Yours faithfully

 

 

Amend and send, I agree with the census that you need to rerply to avoid missunderstandings and make sure they don't missunderstand what the £1 was for and that it's their obligation

 

Kel

[JonCris]

Seahorse Nothing technical about it I'm afriad.

 

As some here already know courts award judgement to DCA's & OC's all day long without ever seeing a properly executed agreement or much else for that matter

 

OP do as kel suggests