Hodsons and Cabot

[CBSH]

I hope this is in the right place.

 

My husband received a letter dated 23 December from Hodsons who have been instructed by Cabot Financial (Europe) Ltd who are administering on behalf of Cabot Financial (UK) Ltd. The are asking for a debt of almost 6,000. Summarised we want the lot or will issue proceedings for recovery if we dont agreed to terms withing 7 days of this letter. Client will seek prompt enforcement of any court judgement. All cheques payable to Carbot Financial (Europe) Ltd.

 

We do not know about owing Carbot money but fear it is a loan from a different company that we took out over 14 years ago, and have been making payments of £5 a month to the original company for the last 13. We recently received a call from some company asking for money, my husband mentioned we had been paying £5 a month and they said they knew nothing about this so we canceled that payment (probably 3 months ago).

 

Untill the phone call and this letter we had had nothing from anyone.

 

Could you please advise what root to take. Thank you

[cerberusalert]

Send them this;

 

Ask your creditor for a copy of your credit agreement under the Consumer Credit Act 1974

 

 

 

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

Mr A N Other

 

Do not sign the letter & send a postal order with 'CCA request' written on the back.

 

Send the letter by recorded post & keep the receipt.

[CBSH]

Thank you. Letter printed will post tomorrow.

[cerberusalert]

If & when you receive a copy of your CCA, scan it (removing personal details) & post it up here and we'll have a look to see whether they can lawfully enforce the agreement.

 

They have 12 + 2 days to supply you with this information. If they faill to do so the account becomes "In Dispute" and you can legally stop paying until they fullfill your request.

[CBSH]

Hi, Sent letter on 29th received the following this morning

 

Your request for information under the Consumer credit Act

 

We acknowledge receipt of your request under sections 77 and/or 78 of the Consumer Credit Act 1974

 

The Cabot Financial Group is not obliged to provide this information but we are pleased to help and have already requested the documentation for you from the original lender.

C

Cabot Financial does not accept the statutory fee required under section 77 andor78 of the Consumer Credit Act 1974 and as a result Cabot has returned the fee for £1.00 that you have sent.

 

What happens next

 

We anticipate that we will be able to provide this information withing 12 days. In the event we are unlikely to obtain this information within those time limits, we will write to you again.

 

Contacting Caboty

 

If you blah de blah

 

In the meantime we thank you for your co-operatin.

 

Yours

 

 

There is not an original lender detailed, I should say this was a loan not a credit card.

 

What next please.

[cerberusalert]

Yep, just a standard reply albeit wrong because Cabot are obliged to provide the information you asked for:rolleyes:

 

After 12 + 2 days the account will be in dispute anyway until you do receive an enforcable CCA;)

[CBSH]

Hi,

 

Now have a letter from Cabot stating

 

Your Request,

 

We write further to your request fo information under sections 77 and/or 78 of the Consumer Credit Act 1974

 

Although Cabot has requested the information, the orignal lender is experiencing a delay in retrieving the information form its archives.

 

We shall send the information to you as soon as we receive it.

 

The status of your account

 

We will as a gesture of goodwill put your account on holduntil we receive further communication from the original lender.

 

Contacting Cabot

 

If you blah de blah, call one of our HELPFUL customer advisors.

 

 

 

So do we just sit still and do nothing?

[cerberusalert]

Well as they haven't provided you CCA within the statutary time limit they can no longer enforce it so you can stop any payments.

 

You don't have to do anything just yet unless they start sabre rattling & that can be stopped easily enough.

[CBSH]

Hi, We now have a further letter from Cabot. I am sure it is pretty standard but.

 

 

Our response to your request under section 77/78 of the ConsumerCredit Act 1974

 

I refer to you later received on (date earlier this year) and our response (date 5 weeks later)

 

Cabot does rely on the originel lender to provide information to assist with your enquiries. We havemade several requests for a copy of the signed agreement from CitiFiniancial. However we are still awaitingthis.

 

Notwithstanding,CitiFinancial has provided Cabot with copies of the availalbe statemeents pertaining to your account which I have enclosed. These statements clarify the outstanding balancethat was assigned to Cabot. They also clearly detail repaymentsthat you have previously made towards the debt,which constitute a clear acknowledgement of your responsibility to repay the debt. In addition I am enxlose a Cabot statemtn of account, which also details the repayments you have made to Cabot, since our ownership of the account.

 

In light of the above, Cabot is of the opinion that you have provided sufficient evicdence that the account exisits. In addition Cabot has provided you with a copy of the notice of assignemtn from CitiFinancial and our introductory letter clarifyingCabot'sownership.

 

For your eas of reference the outstandingbalance on the above accoutn is X. I would recommend youcontact our collectiondepartment, within 114 days, on x to disucss the options available in order to settle this acount.

 

I trust we have set our position clearly.

 

If you have any blah de blah.

 

Then with it they have enclosed somethingdated earlierthis year with ourname and addressaccount number and then columns Date, Debits credits, no where on this is there a balance or any identification of what company it is a statment for.

 

Then there is another piece of paper which looks like a screen printon this ther is a net balance and, assignementof the original debt dated mid 2008 then some odd amounts of payment (none of which I could confirm we had or hadn't paid.

 

There is a photocopied letter written at the top it states "Representation of letter sent on x date(mid 2008) However for some reason this letter is dated 3/4 way through 2006

 

Then another letter on yellow letter head again with "Representation ofletter sent on x date (mid 2008). This is an unused mail merge letter,

 

These last two letters I have never seen anything similar before, not that I suppose it matters.

 

What would our next move be please

 

Thank you for your support

[cerberusalert]

The debt may well exist but until they can provide an enforceable CCA they cannot take any action, so send the muppets this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[CBSH]

Thank you, this place is so calming.

 

The letter isn't from a Mr Muppet, is he the owner:)