Cabot Response to my complaint

[adamski]

I shall repy to the letter and use the one suggested above and modify it i shall post it soon for your views.

 

Cabot are a thorn in my ass!!!

[Rooster-UK]

Adamski, the reason that you can still see it is that your PC is showing you the original version that is stored on your PC.

Deleting your cookies and, if necessary your temporary internet files should cure that effect. It will also delete your logon so you will have to log-on again.

 

Incidentally, it's only you that can see the original version, so don't worry about it.

 

Regards, Rooster.

[adamski]

OK heres the email going off to them now.

Dear Cretins

 

In reply to your recent correspondence dated 21st April 2008.

I note in your generic letter you state that “Although Cabot does not have an obligation under section 77 and/or78 of the Consumer CreditAct 1974 to supply this information, Cabot will assist the original lender and customers in providing this information.”

 

I am mortified that you are not conversant with the Consumer Credit Act as it states and I quote Section 77.—(1) The creditor under a regulated agreement for fixed sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of 15 new pence, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer

 

Please note the word creditor.

 

Then under Section 189 and I quote

189.(l) In this Act, unless the context otherwise requires—

“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;

 

If you had bothered to read my CCA request you should known this as I did quote section 189 of the Consumer Credit Act 1974 to make you aware of your duties under the said act so I am astounded on how Cabot feels it is either ignorant of the Consumer Credit Act 1974 or Cabot thinks it is not answerable to sections 77 and/or 78 please state in detail why you not obligated to comply with these sections so that I can understand the contents of your letter and how you feel you are exempt from it.

 

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 xxxxxxxxxxx

 

The Consumer Credit Act allows 12 working days for this request to be carried out before Cabot or your client enters into a default situation. If the request is not satisfied after a further 30 calendar days, Cabot or your client commits an offence. These time limits have now expired.

 

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 2nd April this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

 

Any default notices or adverse comments Cabot or 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 as if you have no signed and executed CCA agreement from myself then you do not have permission from myself to process my data, if you disagree please explain in detail how Cabot or its client can process my data without my permission and how they feel they are exempt from the Data Protection Act.

 

I would like a reply that is not generic or any form of template letter I require a meaningful reply and not some computer regurgitated nonsense.

 

 

 

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

Edited May 7, 2008 by adamski

[MARTIN3030]

Yes agree with earlier comment.I too asked Vanquis for the CCA and guess what ?...they sold it to Cabot....Cabot then started the usual chain of letters and phone calls too.

I warned them that I was going to take action to end it once and for all....next minute....suprise suprise its Robinson Way....trying to collect for their clients...Cabot.

Letter gone off reminding them of all their breaches of OFT guidelines and intention to notify them.

I expect to hear nothing more from RW ...maybe Scotcall will enter the arena ha ha........

[adamski]

Sorry Martin what comment do you argee with please?

[bigandyuk1]

Hi adamski,

 

I am a few templates on from yours, I don't think anybody at Cabrot actually look at the letters we send in they just look at the reference and send the next template in the queue.

 

Regards

Bigandy

[adamski]

I know they will not produce an agreement because i never signed one, all i want to know is how can they claim they are not obliged to provide the alleged agreement and that those sections of the Consumer Credit Act do not apply to them.

[42man]

Adamski, this is what you are looking for...

 

Law Of Property - s136 Legal assignments of things in action

(1) Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice-

(a) the legal right to such debt or thing in action;

(b) all legal and other remedies for the same; and

© the power to give a good discharge for the same without the concurrence of the assignor:

Provided that, if the debtor, trustee or other person liable in respect of such debt or thing in action has notice-

(a) that the assignment is disputed by the assignor or any person claiming under him; or

(b) of any other opposing or conflicting claims to such debt or thing in action;

he may, if he thinks fit, either call upon the persons making claim thereto to interplead concerning the same, or pay the debt or other thing in action into court under the provisions of the Trustee Act, 1925

Rights and Duties

CCA74 s189(1)

“ 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;

CCA74 189 (1)

“ debtor “ means the individual receiving 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 debtor

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

[42man]

Now if they are saying that they aren't the creditor as defined by the Act the you cannot possibly be the debtor

Quote:

Originally Posted by CCA74 189 (1)

“ debtor “ means the individual receiving 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 debtor;

 

Quote:

Originally Posted by LoP s136

Legal assignments of things in action.- (1) Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice-

(a) the legal right to such debt or thing in action;

(b) all legal and other remedies for the same; and

© the power to give a good discharge for the same without the concurrence of the assignor:

[adamski]

Thanks 42 man that is what im am looking for, so does this mean that under the Property Act s136 that they do not have to conform to the CCA Act s77 and/or 78.

[42man]

If they are not your creditor how can you be their debtor ?....there is no way out for them !! they have to comply with your request....have a read of this thread here....apologies if you have read it... http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/115280-useful-information.html

 

This is a good one too, they couldn't produce the CCA and passed it back to the OC... (stick to your guns Adamski !!!)

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/80270-litigation-tbern123-cabot-financial.html

[42man]

This one is very helpful too...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/110816-help-needed-cca-law.html

 

and this one...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/87356-1970-vc-cabot-yes.html

[42man]

This one is one of the best as the LOP was discussed in detail...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/112901-have-you-sent-cca.html

[tbern123]

Cabot confuse the word duty with liability.

 

Usually a liability of a contract cannot be assigned, however a duty is not a liability.

 

If you were to claim a refund of charges from the DCA, imposed by the Orignal Creditor, this would be a liability. However, the requirement under the CCA for them to provide you with a copy of credit agreement is a Duty.

 

Not sure if I explained that to well...

 

Anyway, in relation to Cabot, always email Ken Maynard, don't waste your money on stamps...

 

Cabot like so many DCA's try to write their own set of rules and pick and chose which legislation applies to them.

 

Until they provide you with a copy of the agreement, there is nothing they can do. Even if they do provide you with a copy, if you can, can you post a copy on here so we can all take a look at it.

 

The Golden Rule with Cabot is let them do the work....

[MARTIN3030]

Sorry Martin what comment do you argee with please?

 

 

post 7 from hobbie;

 

 

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

[adamski]

Emailed Cabot and did not even get an automated reply, guess they will pass it on, i will wait for this to happen, it really does not concern me in the slightest as I know there is no agreement as i never signed one.

Edited May 9, 2008 by adamski