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cabot financial

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I sent a CCA request letter to Cabot Financial on the 4th of june, they replied on the 9th june to say that they have requested the information from the original lender. Then another two letters on the 23rd june and the 15 July, the first saying that they have made several requests but not received the information and the July letter stated that they have been unable to supply the information within the relevant time period.

 

Then i got a letter dated the 24 july with the agreement enclosed and now they are requesting payment, can they still chase me for the debt as it has been longer than the time set out by the CCA?

 

ANY ADVICE WILL BE APPRECIATED

 

Thanks

 

Leslie

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Hi,

Of course they can still chase you for the debt. It is only unenforceable while they haven't provided the agreement but once one turns up, they can re-commence collection.

The only question now is-is the agreement they sent you valid or not.

 

Can you post it up on the forum (minus personal details) and let the experts have a look.

 

fox


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Who was the original creditor and when was te account opened?

 

Jogs

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Thread moved.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

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The original creditor was Morgan Stanley dated 9th jan 2000

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hi i will get a scan of the agreement and post asap

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Hi i have attached the application that cabot sent me

can you tell if it is enforcable and what i should do next

 

Thanks

 

leslie

img001.jpg

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Hi,

Sorry but the image is too small to see.

Here is a how to which will help with posting images:

 

It seems tricky at first, but is fairly simple really.

 

1, Scan your DCA letter/whatever you want to show on the forum.

Ideal setting is 100dpi as it's closest to computer monitor display resolution.

 

2, Save the scanned image as a jpeg

Step 2.5 Edit out any personal information, barcodes or any other comments, notes or markings around the edge of the document. Never change the original document you received

2.5, Load the saved image into MS Paint. (comes free with Windows.) Use the pain brush or spray can to remove/paint over any personal info, such as name, account number, address, etc. Also remove any barcodes, as some DCAs may be able to identify you from these.

 

3, Create an account on Photobucket.

 

4, Once you have a Photobucket account, you'll find on the main webpage little box where you can upload photos. Click the "upload image" box and then tell it where on your hard disk you saved your scanned jpeg. It will then upload the image to Photobucket and it will show you thumbnails of the images you have uploaded. Under each image there are links that you can copy and paste.

 

5, Copy the IMG link below the image you want to put on the forum. Then reply to thread on CAG. Right click with the mouse and select "paste" from the little menu that pops up.

 

6, You'll then get some text appear in your message that looks a bit like this.

 

imagename.jpg{\IMG

 

When you submit the reply, the text will change into the image you uploaded onto photobucket. The text you copied and pasted is just the information the forum needs, so it knows where to find your photo and display it in your message.

 

 

Courtesy of Fuzzybobble

-----------------------------------------

Give it a go

 

fox


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Hi i have attached the application that cabot sent me

can you tell if it is enforcable and what i should do next

 

Thanks

 

leslie

 

 

Thought you asked them for your agreement, not application form. Different document.

 

Having had my own round of fun with Cabot recently, I would be sending them a Subject Access request and asking for Notice of Assignment and Deed of assignment as well as a copy of the original agreement. Cabot seem to have a great deal of trouble producing these 3 documents...


My fight so far:

 

hunni2006 V Halifax Bank: Charges £963.11 refunded nov 2006:D

Cabot financial V hunni2006: defending court summons, ongoing... July 09 :-x:-x:-x don't even get me started about them....grrr still battling

 

hunni2006 V Capital One: SA request & CCA issued, ongoing.. July 09 OC 'checking the archives...' Sept 09, no agreement, files closed!:D

<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< please feel free to tip my scales if I've been helpful!

:DLearning more, every day.....

 

I have No legal training, any opinions and advice posted are entirely my own opinion, and based on life experiences and knowledge gained on this great site. Ultimately, what you do is up to you.

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Also Make sure you remove all personal information before you post anything up... account numbers, name & address etc anything that could identify you to your creditors.

 

Unfortunately many of the DCA's have people trawling through the threads on here to pick up information:mad:


My fight so far:

 

hunni2006 V Halifax Bank: Charges £963.11 refunded nov 2006:D

Cabot financial V hunni2006: defending court summons, ongoing... July 09 :-x:-x:-x don't even get me started about them....grrr still battling

 

hunni2006 V Capital One: SA request & CCA issued, ongoing.. July 09 OC 'checking the archives...' Sept 09, no agreement, files closed!:D

<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< please feel free to tip my scales if I've been helpful!

:DLearning more, every day.....

 

I have No legal training, any opinions and advice posted are entirely my own opinion, and based on life experiences and knowledge gained on this great site. Ultimately, what you do is up to you.

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img0011.jpg

 

ok hope you can see this ok.

 

I requested a copy of the agreement from Cabot and they sent copy of the application form, which says credit agreement regulated by the consumer credit act 1974 but dont think is the actual agreement???

 

would like to know if this is enforcable or what i should do

 

Thanks

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Hi,

As far as I can see, there are :

a) No APR

b) No Repayment terms

c) No Credit limit or a statement saying one would be set for you.

 

Hold fire for confirmation but to me this is Unenforceable


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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I sent the following letter, can you tell me what you think? so far i have no reply just calls every day they say they sent me the agreement but is infact a copy of the application form hence the letter below that i have sent them.

 

Dear Sir/Madam,

Account Reference

Request for true copy of alleged Credit Agreement under Sections 77/78 of the Consumer Credit Act 1974

 

I wrote to you recently requesting a true, signed copy of any alleged credit agreement that exists in relation to the above account. This is my right under Sections 77 and 78 of the Consumer Credit Act 1974 on payment of the statutory fee of £1.00.

 

Under the terms of the above Act, a creditor has 12 working days to provide the requested document. Should they fail to do this, they have a further calendar month to rectify this default.

 

Both of these deadlines have now passed and I have not received a credit agreement but a copy of an application form. This can lead me to only one conclusion, that no signed credit agreement exists in relation to this account.

 

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable, even in a court of law. This will be a complete defence to any court action that you may consider taking.

I would like to draw your attention to the fact that a copy of an application that you sent me does not constitute a valid credit agreement which is regulated by the CCA and you will not be able to enforce an application form as a credit agreement, and you have not complied with the relevant obligations.

On the advice of the Financial Ombudsman, I am now requesting a final decision in this matter from you. Should this decision not meet with my satisfaction, then I will pursue the matter through the Ombudsman. The maximum timescale for you to give a final response to any complaint is 8 weeks. This time runs from the date of my original complaint, in this case that is the request for a true copy of the credit agreement. Therefore, you should have provided me with a final response in this matter that addresses the lack of credit agreement, including your proposed actions for this account, by

Please note, you may also consider this letter 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 the 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.

 

There has never been any regulated agreement in relation to this account, and therefore you have never had my consent to process my data.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

Furthermore, you should remember 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 therefore the following applies:

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

o You may not add any further interest or charges to this account.

o You may not pass this account to any third party.

o You may not register any information in respect of this account with any of the credit reference agencies.

o You may not issue a default notice related to this account.

Be warned, the CCA 1974 is clear that a default can only be issued for breach of a valid, regulated agreement. If there is no agreement, as in this case, then you cannot issue a default as I have not breached any valid, regulated agreement.

 

I look forward to your final decision on this complaint within 21 days. This should include your proposed actions in relation to the lack of a credit agreement.

Yours faithfully

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And now begins the letter ping pong:)

 

They will write back stating that they have complied as they are allowed to omit certain details but of course they haven't as they haven't sent you an agreement, just an application form

 

I would be inviting them to take you to court if they believe that what they have sent complies with the law


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Hi Cabot have great difficulty in understanding English and have their very own dictionaries and books of law ;)

You can expect many months of letters from them, with many documents being representations of things that would have been sent. After about 10 months their pet solicitors may start legal proceedings against you.

They will try to bully, threaten and intimidate you. just come to CAG for help and humour.

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I would just like to advise I CCA'd Cabot and after receiving regular letters from them stating they were still trying to obtain a copy of the CCA from the original lender, the finally wrote to me stating as they were unable to obatin a copy then the egreement was unenforceable and no further payment were due. My advise keep persisting.

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