Cabot Response to my complaint

[adamski]

Hi

 

Had a letter form our friends cabot would like some advice/comments on the letter here it is

Edited May 7, 2008 by adamski

[adamski]

Sorry will try again

Edited May 7, 2008 by adamski

[Hobbie]

Adamski,

 

The letter is to small to see, plus in the second image it still has your personal details. I'd strongly recommend you remove these details ASAP.

[adamski]

 

Edited May 7, 2008 by adamski

[Hobbie]

Thats better.... now let me read it.

[adamski]

sorry cannot get the personal details off i have in photobucket but they still appear

[Hobbie]

Absolute rubbish...

 

The debt can NOT be persued until a valid copy of the executed agreement has been received, and these guys know it!

 

Cabot are in total default now of the CCA, you have one of many options open to you now, you can either

 

Report them direct to the OFT

 

-or-

 

Send them this letter.

 

Account in Serious Dispute

 

Dear Sir/Madam

 

In reply to your recent correspondence dated 21st April 2008

 

My request was a formal request under Sections 77-79 of the Consumer Credit Act 1974 for a true copy of any properly executed credit agreement that exists in relation to account reference ((ACCOUNT NUMBER)).

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your client enters into a default situation. If the request is not satisfied after a further 30 calendar days, your client commits an offence. These time limits expired on ((DATE 12 DAYS PASSED)) and ((DATE 30 DAYS PASSED)) respectively.

 

 

As you are no doubt aware Section 78(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 ((DATE 30 DAYS PASSED)) this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

 

It is my belief that your continued pursuance of this matter also constitutes an offence under Section 40 of the Administration of Justice Act 1970, as well as offences under various sections of the Data Protection Act 1998.

Any default notices or adverse comments your client has recorded on my credit reference file must be immediately removed. Note this is to be a complete deletion and not merely an amendment.

 

 

Failure to respond positively to this letter within fourteen days of receipt will result in litigation or/and other enforcement action being considered without further notice.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully

 

Adamski. (PRINT NAME DO NOT SIGN IT)

 

I totally cannot believe that these DCA's are so blatantly ignoring the laws governing them.

 

On another note, to the best of my knowledge Vanquis Bank have to date NEVER came up with a valid CCA.

Edited May 7, 2008 by Hobbie
Formatting

[adamski]

They say they are the owners of the debt and sent me a letter of assignment if they own the debt surely they are responsible for sending me the CCA? they say they are not.

[adamski]

Also can you still see my details?

[Hobbie]

Yes that is correct, regardless of who has the debt, you can send the CCA request to them.

 

No, your personal details are gone now.

 

Dont make any payment, or offer of payment either, don't even acknowledge the debt to them.

[Fuzzgin]

If they bought the debt then they bought the rights and the responsibilities. Funny how many DCAs believe they are above the law.

[adamski]

If they bought the debt then they bought the rights and the responsibilities. Funny how many DCAs believe they are above the law.

 

 

Is this law or just regulations or just an opinion i would like to quote any laws or regs to them

[adamski]

I wil put up the cropped version incase the other one does not work

http://i303.photobucket.com/albums/nn157/adamski67/letter.jpg

[Fuzzgin]

I think someone will be along soon to quote the actual law they're relying on and how it has nothing to do with debt collection. Something to do with preoperty, I think. Meanwhile I'll have a search...

[adamski]

thanks why can i still see the whole letter with my details on can anyone else?

[Hobbie]

It is law, the Consumer Credit Act 1974 is legislation created in the houses of parliament sometime prior to 1974, it is just the same as a piece of legislation such as the Fraud Act 2006, no different.

 

Now that Vanquis have defaulted on the 12+2+30 day rule in suppling you a copy of the CCA for an alledged debt, they've now committed a criminal offence, some people say it is a summary offence, but no such thing as of Jan 1st 2006, all offences are now indictable.

[adamski]

Sorry you lost me, what i want to know is as they say they own the debt surely it has nothing to with Vanquis now.

 

Why are they quoting sections 77 and/or78 of the CCA Act 1974 to say they have no obligation to provide the CCA agreement if they own the debt outright?

[Fuzzgin]

There's some explanation on here. Posts 14-16. Shows it's a completely different law they're relying on, not the 1974 act. Above all not related to consumer credit. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/114260-robinson-way-debt-advice.html?highlight=cca+property+1925

[adamski]

thanks that explains a little to me about the 1925 property act but, they must be responsible to provide me with agreement surely?

[adamski]

or is what they are saying correct and they are not obliged to send it?

[Fuzzgin]

Yes, this is governed by the 1974 act (which I'm afraid, being a relative newbie to this and in no way legally qualified) I can't quote chapter and verse on. However I can tell you that it's the bit in the various template letters and it governs how long they have to respond before they break the law by demanding money from you. Feel free to correct me if I'm wrong anyone.

[Fuzzgin]

or is what they are saying correct and they are not obliged to send it?

 

If it's a credit debt, (credit card, loan but not overdraft) then they ARE obliged to send it. They are in the excellent legal parlance of some on this forum, "talking bowlarks"

[adamski]

Ok i will get a mod to have alook at the thread and ask about the law side of it.

[Fuzzgin]

Good idea, and good luck with them!

[adamski]

I think I may have found the anwser in S189 of the CCA Act 1974 if anyones interested

 

“ 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;

 

Any thoughts anyone?