Cabot have ignored my CCA request and passed my file to solicitor- help!!

[electrica77]

Hi all,

 

Over 12 working days ago I sent off a standard CCA request and cheque to Cabot, requesting that they send me proof of their ownership of my debt etc etc (I think it was a letter scarletpimpernel provided).

 

Today I received a letter from 'Hodsons' solicitors, based in Rugby, saying that they are instructed by cabot financial Europe limited to administer the account on behalf of Cabot Financial UK limited.

 

The debt appears to have magically grown by about £800 as well, so they must be providing an excellent service

 

The letter threatens that if I fail to agree terms for repayment within 7 days from the date of the letter they may issue proceedings for recovery with no further notice and prompt enforcement of anny CCJ will be pursued.

 

I am feeling a bit wobbly about this-

 

I know Cabot received my recorded delivery letter as there is an electronic signature recorded, and technically I know this means that having not provided my information as requested, they and their cronies can whistle for it. I'm also vaguely aware that it may even be the case that only the original creditor can pursue court action (can anyone confirm?), but I'm just not sure that the shaved monkeys at the typewriters have realised this while bashing out their meisterworks.

 

Could someone (or several people) please offer some advice on where I go from here? I had expected Cabot to send me their standard 'we are not obliged etc etc' letter, so this has thrown me a bit. I seriously do not want to go to court, I work in the defence industry and this sort of thing can affect my level of security clearance.

 

Please guys and gals- what to do??!

 

[B3rty]

Have you sent the account in dispute letter to Cabot? if not I suggest sending it pronto, plus also fire this one off to Hodgsons, both recorded delivery of course

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number:

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in now in dispute for non production of my Consumer Credit Act request for a copyof the agreement as is my legal right under s.78

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

.

As Cabot are now in default of my Consumer Credit Act request I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to Cabot for resolution of these defaults and breaches, as you cannot lawfully pursue any enforcement activities.

 

If Cabot chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

[zazen.warrior]

Dear Sir/Madam,

 

Your Ref : xxxxx

 

Your Client : XXXX

 

I refer to your letter of xx/xx/2008, which was received today.

 

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); received by XX DCA XX on xx/xx. I can only assume therefore that they failed to inform you.

 

Should your client now persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by XXX DCA XX under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

 

Yours faithfully,

[tbern123]

There is no need to worry about the Sols letter, these are usually actually sent directly by Cabot in Kingshill. 8-)

 

If you were to SAR them, this will be confirmed.

 

They are just barking at the moment.. This is far worse then their bite:lol:

[debt4get]

yeah dont worry they are just trying it on send the letter and sit and wait, cabot are in dispute and have no right to send it on to their socalled solicitors, remember without the CCA they cannot legally enforce the debt

[Seahorse]

Make sure in your letter that you let Cabot know that you are making a formal complaint. The timescale for being nice to them is therefore ticking down as per their own complaints procedure, after which time you will be able to make an official complaint to all and sundry INCLUDING the FOS. Rather than wait for them to send you a copy, I have reproduced it here...

 

Complain : Cabot Financial Blog

[B3rty]

Seahorse....Love the youtube puppet on your blog..

[Seahorse]

I wish it was my video too Barty. It's almost a pity that Cabot don't phone me any more, otherwise I think I'd need to have a camera set up ready for the phone to ring.