At last...14 months later, a response to a CCA request!

[DigbyD]

Here it is:

 

Dear Mr

 

Our response to your CCA Request under section 77/78

 

I refer to your letter dated September 2007 and our letter dated December 2007.

 

I understand you have made a request for a copy of your original credit agreement with Hitachi Nova as the original lender.

 

The Cabot Financial Group purchased your debt from Hitachi Nova on 2nd April 2003.

 

In your letter dated September 2007 you state that you are entitled under sections 77-78 of the Consumer Credit Act 1974 to a copy of the credit agreement that you signed with Hitachi Nova. Although Cabot does not have an obligation under section 77 and/or 78 of the Consumer Credit Act 1974 to supply this information, Cabot will assist the original lender and customers in providing this information.

 

We have made several urgent requests to Hitachi Nova to forward any documentation relating to your account to us. Unfortunately, Cabot has not received documentation due to a delay in retrieving this information from their archives.

 

Please be advised, that the failure to provide a copy of your agreement within agreed time lines does not affect the legality of your debt with the Cabot Financial Group but merely renders the credit agreement unenforceable until such time the agreement can be produced. As aforementioned, Cabot does not have a duty to provide this information and therefore section 78 of the Consumer Credit Act does not apply to us.

 

I can confirm that Cabot has taken the decision to treat the balance outstanding on this account as irrecoverable. Please note that this decision is not to be confused or interpreted as a write-off of the outstanding balance on your account as the debt legally remains. Please be advised that although Cabot has treated the above account as irrecoverable, we shall continue to report to the Credit Reference Agencies accordingly.

 

Notwithstanding the above, Cabot will continue to request these documents from the original lender and in the event Cabot obtains the information as requested by you, at a later date, we reserve the right to recommence collection on your account.

 

I trust I have set out our position clearly.

 

 

 

 

 

So....what do you think? Can they still report to Equifax and so on despite not having a copy of the agreement?

 

Should I do anything more ?

 

Thanks

 

DigbyD

[42man]

Have you had a read here ? - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/164356-lowells-again-9.html#post1907382

[DigbyD]

Thanks 42man, some very interesting threads to get my teeth into. I am going to get a section 10 letter sent off asking them to stop processing my data.