Cabot, Still no cca after more than 6 weeks.

[hallett2007]

Well a quick update.

 

This is a debt my ex-wife took out in my name, after we were divorced. I wrote telling them this but they dont care so I applyed for a copy of the CCA (as it wont be my signature so could use in court if needed) I sent letter 20th june, had reply 24th of June with returned PO saying they have requested the info.

 

8th of july got letter saying although Cabot have requested the info, the origianl lender is experiencing a delay. As gesture of good will have put account on hold.

 

18th July a letter saying: We recently wrote to you informing you that the original lender is experiencing a delay in obtaining information from their archives. Although 24 days have passed since your request, we hope to be able to send the information to you shortly. We shall remind the original lender that the iformation remains outstanding and should be processed as a matter of urgency. Your account remains on hold.

 

30th July another letter saying: Unfortunatly cabot has not been able to provide you with the requested info within the relevent time period. The original lender has not yet been able to locate the relevant information from their archives. Cabot shall continue to hold any action on your account until futher notice. Although Cabot is dependent on the original lender for the information, the relevent time period has now expired. However, CAbot shall continue to request the info from the origianl lender to assist you with your request. We hope to receive the relevent info shortly.

 

 

Now how long do we let this go on for? Should we write to the again?

[AndyOrch]

Hi hallett

 

let it go on for a long as possable they know they are in default and your account is on hold so nothing is happening.I would not advocate writing again serves no purpose.Do nothing, absolutly nothing dont write chasing, dont think that if you are doing nothing then you should be.Cabot will give up eventualy and then pass it on to one of their sidekicks.

I advocate not pursuing any company once the CCA request has been sent, unless you are the subject of legal action, in which case it's important to get the information you need to prepare a defence and c/c as soon as possible

 

To ensure you have the best possible case, should you eventually be issued with a Court claim; you need to keep all correspondence that you are sent, as you can guarantee regardless of sending the CCA request, you will be harassed for pmt. All calls must be logged, answered or not, dates, times, names etc.... This is to build a case of harassment against them. The Consumer Credit Act 1974, states that they are not entitled to enforce the agreement whilst the default continues, so in addition to not be entitled to take legal action, they have no right to collect pmt, so it necessarily follows that they are entitled to harass you either! You cannot harass a person for a debt, when you haven't proved it exists

 

My point is that your interests are not best served by pursuing them. Let them dig a big hole for themselves, so that you can counter-claim for damages for harassment and hopefully if they can't produce an agreement you have Data Protection Act 1998 breaches as well as defamation

 

I would also suggest not going through their security Q's if you are unfortunate enough to answer a call. Do not bring up the CCA request either, so what if they don't produce the agreement after 12mnths? As long as you have a recorded/guaranteed proof of postage delivery slip, you're fine. The longer they leave things, the worse it is for them. Simply tell them to write to you, don't tell them not to ring, as the calls obviously form part of the harassment

Let their stupidity help you build a case....simply sit back and bide your time.

 

If someone has debts, it is important to understand that there are no quick resolutions. Those who seek quick remedies in a bid to put the matter behind them hastily, do themselves no favours at all. Debts can be significantly reduced or disposed of, if the situation is approached tactically from the start.....you just have to be patient!

 

 

I trust the above clarifies your position

 

Regards

Andy;)

[hallett2007]

I am a bit confused?

 

As the debt wasnt taken out by me im a bit wary about leaving it as it has appeared on my credit report and as i was looking at getting a new mortgage in the future want this matter sorted out.

 

Any more advise would be appreciated.

[AndyOrch]

Hi hallet

 

"This is a debt my ex-wife took out in my name, after we were divorced"

 

In that case you need to inform the lender of these circumstances that credit has been applied for fraudiently and pass her address on if ness could even become a police matter if you wished to take it that far.

 

Regards

Andy

[hallett2007]

I did report it to the police and they said its not a crime aainst me its a crime against Argos the original lender. They gave me a handling number which they said to give to DCA and they should report it as a crime. I dont actually know where my ex-wife lives so cant give them her address.

 

Should this debt be on my credit file? if so can i get them to remove it?

 

thanks Ben

[AndyOrch]

You have to get Argos to remove it CRAs wont just move it on your request but you shouldnt have a prob,Explain the circumstance quoting the Police number and advise them to remove it take a look in the template section as your Data protection has also been violated.

 

Regards

Andy

[hallett2007]

ok will look into writing to Argos to get them to remove it. This is my main worry as i dont want it to affect my credit.

[AndyOrch]

Ok sure you will be fine dont bother with the CCA route as the debt is not yours.Just post if you require any further info

 

Regards

 

Andy;)