New Member of Argos/Cabot Club Needs Advice

[kellyplanet]

Hi there

 

I have been receving telephone calls from Cabot in realtion to the above debt that is 5 years old. I have been receiving as many as 4 calls a day. So I sent the telephone harrassment letter that is on this site to them. I also sent a request for a CCA and enclosed my £1 P.O. Which they have returned today.

 

Today I received two letters and have some questions.

 

Firstly why does Section 40 of the Administration of Justice Act not apply to them.

 

Secondly- in one letter they say they have taken over the debt from Argos and are responsible and in the next letter they state that they are not obliged to provide the CCA information request. If they are responsible for the debt surly they should provide the CCA

 

Any help with this would be greatly appreciated.

Edited April 23, 2009 by kellyplanet

[cerberusalert]

The Administration of Justice Act 1970.

 

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

falsely represent themselves to be authorised in some official capacity to claim or enforce payment;

utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

Paragraph (1) above does not apply to anything done by a person which is reasonable (and otherwise legal) for the purpose of:

of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or

of the enforcement of any liability by legal process.

 

It is also provided that a person may be guilty of an offence under paragraph (1) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.

 

Did you send the 'In Dispute' letter?

[cerberusalert]

If not send them this;

 

Account In Dispute

 

Ref:

 

 

 

Dear Sir/Madam

 

 

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested, any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 21 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

Print name do not sign

[cerberusalert]

Finally, make a complaint to the OFT The Office of Fair Trading: Debt collection practices enclosing a copy of the letter where cabot they say the Administration of Justice Act doesn't apply to them.

[ashmk]

Cabot dont know there head from there a*se. They will send you all sorts of crazy talk letters no matter how much you insist they are wrong.

 

For this reason alone I have closed the file from my end on my cabot/argos dispute. They continue to write fairy tales to me but I just file it now and ignor them. They have no leg to stand on because they only sent an application form to me and I am not wasting any more time or stamps on them.

[ashmk]

And yes they are responsible to provide the CCA request as the request was made to them as agents of whomever may own the debt.

[kellyplanet]

Thanks for your help

 

I have uploaded larger images of the files. Took a while for me to work it out! I am off nightshift and havent been to bed yet!!

[kellyplanet]

I haven't sent the in Dispute letter as 12 + 2 days hasn't elapsed yet.

[cerberusalert]

When the 12 + 2 days are up send the 'In Dispute' letter otherwise you'll be waiting until the coming of the messiah until Cabot can provide an enforceable CCA.

[kellyplanet]

Thanks

[kellyplanet]

Just to update. I have received two letters from Cabot one on the 11th May and one on the 14th May. I am without a scanner at the moment so will briefly type the contents.

 

11th May

 

Dear Kellyplanet

 

We write further to your request for information under sections 77 and/or 78 of the CCA 1974

 

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

 

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

 

We will as a goodwill gesture put your account on hold until we receive further communication from the lender.

 

Yours sincerely

 

Crapbot

 

14th May

 

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 original request, we hope to be able to send the information to you shortly. Blah Blah

 

Your account shall remain on hold until further notice

 

Blah Blah

 

Crapbot

 

Does anyone have any advice on what to do or any personal experience with these letters themselves.

 

I will send the In Dispute letter. However does this mean in theory if they can't obtain the information from the original lender they should remove the default?

 

Any advice greatly appreciated.

[kellyplanet]

I have sent the In Dispute letter kindly given by Cebarusalert. I will keep everyone posted as to how this turns out as it seems there is a lot of us in the Crapbot boat!