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Cabot and CCA - Morgan Stanley goldfish debt


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I sent CABOT the "in default" letter when they couldnt produce the necessary documents for a Morgan Stanley debt of mine that they had bought.

 

 

Today I got the following reply which you can find at

cabotapril1page1.jpg picture by soccerdoc - Photobucket

and cabotapril1page2.jpg picture by soccerdoc - Photobucket.

 

The most interesting bit at the end (third last paragraph) where they suggest that Section 10 of DPA doesnt apply as I signed a credit agreement - which they cant produce.

Is this strange or is it just me?

Should I respond, or just sit tight?

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It frustrates me when they say they do not have an obligation to provide the credit agreement; section 189 of the CCA says differently.

 

" "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;"

 

Anyway... there is a little known piece of information within the ICO's remit that allows them to make a ruling on DCA's reporting default information without an executed credit agreement...

 

"If the dispute has not been before a court, is the lender prepared to test their claim by seeking a CCJ or decree against the customer? If not, why not?" Data Protection Technical Guidance s.44

 

Basically if the lender is sure of their legal position regarding credit information why are they not seeking to enforce it via a CCJ? Surely this is a logical step if they want to recover their money?

 

I beleive the ICO are saying, essentially, that reporting information on someones credit worthiness is pointless unless you enforce this opinion. Otherwise the company is hiding something which, quite obviously, is a technicality within their paperwork which would render any action subject to successful defence.

 

I might also add that I would ignore their claims regarding s.10 of the DPA 1998 - the only organisation that can say whether this provision is being breached is the ICO. I would put a complaint in after receiving a final response letter from the DCA.

 

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I sent CABOT the "in default" letter when they couldnt produce the necessary documents for a Morgan Stanley debt of mine that they had bought. Today I got the following reply which you can find at cabotapril1page1.jpg picture by soccerdoc - Photobucket and cabotapril1page2.jpg picture by soccerdoc - Photobucket.

The most interesting bit at the end (third last paragraph) where they suggest that Section 10 of DPA doesnt apply as I signed a credit agreement - which they cant produce. Is this strange or is it just me?

Should I respond, or just sit tight?

 

Sit tight and do not rattle their cage anymore.Personally, I would never send the "in default" letter to any DCA, it just seems an excuse for them to send the type of letter you have received and leave you more bewildered.If they have said they cannot produce the CCA, thats it and do not pay them anything until in the unlikely event,that they do produce it. Even if they do it still has to be enforcable. My request from Cabot dates back to last year and am hoping that my Goldfish has drowned!!!!:smile:

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Sit tight and do not rattle their cage anymore.Personally, I would never send the "in default" letter to any DCA, it just seems an excuse for them to send the type of letter you have received and leave you more bewildered.If they have said they cannot produce the CCA, thats it and do not pay them anything until in the unlikely event,that they do produce it. Even if they do it still has to be enforcable. My request from Cabot dates back to last year and am hoping that my Goldfish has drowned!!!!:smile:

It depends upon what sort of action you want to take. If you are not bothered about a default being recorded on your CF then best to save the paper and postage costs.

 

But... if you want to take action it is best to inform the company of the default so that you can show the relevant authorities that you have followed procedures and done everything you can to resolve the situation between yourselves.

 

Like I said, it's all about what you want to achieve.

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