Cabbot Financial unable to supply statements

[INSURANCEGUY]

Hello all,

 

Cabbot are currently trying to collect a 'debt' from 2002, which was an MBNA credit card, so although the agreement started in 2002, the last purchase on the card was 2004/2005.... I defaulted in 2007 and the debt has now been sold onto cabbot.

 

I sent the CCA request, and unfortunately they sent the signed agreement, also they supplied statements, from 2004. They have confirmed MBNA are unable to supply statements for the previous 2 years.

 

My question is, how can they enforce a debt that is not documented?

 

If I have to accept responsibility for 04-now, fair do's, but I thought in order to litigate, you had to document your claim?

 

Thanks in advance

[Blondmusic]

Could you post up the agreement so somene can have a look at it and tell you if it is enforceable or not. Scan it into your computer (if you have a scanner) or use a digital camera to take a picture and transfer it onto your computer. Then open the picture with Microsoft Paint to edit out personal details and account numbers (anything that can identify you) then upload it to Photobucket (which is free to use) and copy the link over to here. Thanks.

 

If you need any help doing this then just ask.

[PGH7447]

in that case send a sar to mbna and demand all statements from when the account was opened - if they refuse then the account is in default and crabot can whistle

[INSURANCEGUY]

thank you for your help guys, abit late for me to start scanning now me thinks, so will sort it the mora. cheers!

[rannoch]

I'm in a similar situation with a MBNA card which I took up in 2000- I got into trouble in 2002 paid them via a debt mngt company and although I thought they had suspended interest they did not and it was sold to LINK financial for about £2000 more than it should have been. Iv'e paid Link for 5yrs at £50 per month and the balance now is actually higher then it was when I got into trouble in 2002 .

MBNA /Link are the worst by far I've dealt with ( over 15 creditors most of whom have been reasonable).

They led me up the garden path in allowing me to think they would accept a full and final settlement which a third party was going to pay for me.

I'm considering going bankrupt.

MBNA have refused to give me statments pre july 2003 so I have no idea how they arrived at the figure they sold to LINK.

Bit like yourself. This has to be wrong . How can I get copies of the statements pre july 2003. And what approh should I take the total is about £9 000

[PGH7447]

have you cca'd link yet?

[rannoch]

will do this .I must have the right to know how MBNA inflated the balance with all sorts of charges etc before selling to Link. After all who's to say its genuine in theory they could have made it up

[INSURANCEGUY]

afternoon all,

 

The CCA they have supplied is a photcopy taking up less than half a sheet of A4 paper, over 2 pages, it is not readable to the eye so dont think it will be scannable?

 

Cabbot have written and c onfirmed they cannot supply statements prior to 2004 as MBNA 'do not have them'.

 

If they were to litigate, surely they would need to document there claim, how can they do this without statements showing the spend?

[PGH7447]

send the account in dispute letter if the thing they have sent is unreadable

[INSURANCEGUY]

can you tell me where that template is? had a good look but cant seem to find it.

[PGH7447]

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.

 

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/Original Creditor and myself as defined in section 61(1) of CCA74 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.

 

 

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.

 

If that request is not satisfied after a further 30 calendar days this alleged account is therefore in serious default.

These limits have 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.

 

And

 

(b) If the default continues for one month it is in serious default.

 

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.

Consequentially 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 14 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. – This you have now done, consequently I will be reporting your company to the relevant authorities which will include, but may not be limited to, Trading Standards and the Financial Ombudsman

* You may not add further interest or any charges to the account. - This you claim to be doing in your letter dated 6 November 2007 and is further confirmed by the alleged balance increasing by £135.39.

* 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 would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully