Cabot Financia/bc - debt issues

[debtchallenger]

I sent a CCA off last week in connection with a debt that Cabot Financial said that they have bought from Barclaycard. They wrote back a letter which we received yesterday saying that they do not have that information on file and that they have requested the relevant information from the original lender. They also said that they do not require the £1 fee that I sent, and they have sent my cheque back.

Then they say that they will be able to provide the information within 12 days but if they cannot provide it within that timescale, they will write to us again.

 

If they bought the debt from Barclaycard, would they not have a copy of the CCA? Or is that not how it works?

Would appreciate any thoughts!

[alfwithhair]

What they are supposed to have and what they have are two different things.

 

I would just ignore any further letters until such time as they furnish your request.

 

If they choose not to accept the £1 fee then that is up to them.

 

Clock is ticking if you received nothing after 12+2 days, then send Cabot the 'account in dispute' letter.

 

Never sign any correspondance to them and

NEVER EVER speak to them on the phone.

[debtchallenger]

I didn't sign anything I sent them, but unfortunately (before joining this forum) I did speak to them on the phone and confirmed our address. This is because they wrote to us telling us to phone them, so we rang them up not really knowing what it was about. I told them to send us a letter with proof of the debt. Then I sent off the CCA letter after reading on this forum. Hope this hasn't done too much damage!

[alfwithhair]

no damage will have been done providing you didn't

'acknowledge the debt' to them.

 

Just sit tight and see what is sent re your CCA request, knowing Cabot nothing.

How old is this account? Is it pre 2007?

[mustang67]

That's the usual reply from Cabot, they always send your Cheque/ Po back and say that they are not obliged blah, blah.

If they still cannot produce from the archives they will send you another letter asking for more time etc.

In my case they told me account was on hold until they could produce CCA.

Am quiet happy to wait as it is over twelve months ago!!!

[debtchallenger]

Oooh that is interesting, the account is pre-2007, so I am wondering if it is enforceable anyway. Will just wait and see what happens.....

[spartathisis]

Cabot have 2 of mine, 1 from MBNA n 1 from Halifax, unfortunately they have produced both CCA/Application forms. MBNA from 15yrs ago and unenforceable and the Halifax 21yrs ago is enforceable in theory, but very poor illegible microfiche (lucky I have a defective DN).

 

Dont worry if they can find something as there may be something unenforceable about anything they send (if that makes sense;)).

 

What info have you obtained from Bcard?

[debtchallenger]

Cabot have 2 of mine, 1 from MBNA n 1 from Halifax, unfortunately they have produced both CCA/Application forms. MBNA from 15yrs ago and unenforceable and the Halifax 21yrs ago is enforceable in theory, but very poor illegible microfiche (lucky I have a defective DN).

 

Dont worry if they can find something as there may be something unenforceable about anything they send (if that makes sense;)).

 

What info have you obtained from Bcard?

 

Ah I see. I have not had any info from B'card, I think they sold the debt off ages ago from what I can make out.

[Torexxx]

Hi All

 

Cabot have 2 of my debts they bought them from RBS (loan)1998 and Associates (credit card) 1997 I sent them of CCAs for both at start of week both delivered and signed for I will sit back now and wait to see what happens, I seen in another post somewere that that associated were taken over a number of years ago by citi, so hoping they cant come up with the agreements. I had been paying these off but harassment to increase payments, drove me over the edge to issue CCAs.

 

TOREXXX

[debtchallenger]

Cabot started chasing me for a debt some time ago and I sent the account in dispute letter followed up by the letter asking for a copy of the consumer credit agreement and sending the £1 fee. This was in July 2009. They have just written to me (at my old address - we have since moved) sending a copy of what looks like Barclaycard terms and conditions. It is barely legible and no where is any signature on it. At the top, it states that it is a credit agreement. There are also a list of transactions that look like interest accruing on this account which starts at 2005.

 

Is this enforceable? They are obviously out of time for sending the credit agreement to us, but would appreciate your advice!

Many thanks.

[cerberusalert]

Can you post this 'agreement' up after removing any identifiers?

[debtchallenger]

Unfortunately, I do not have a scanner, so cannot post it up. There are actually no identifiers on it, it is simply a list of terms and conditions and a box at the bottom saying "cancellation form" to cancel the agreement. No name address or signatures.

[cerberusalert]

In that case I'd be tempted to send them Scotts letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**

[debtchallenger]

I have an ongoing dispute with Cabot financial, and they have sent me a photocopy of the Barclaycard conditions.

The print is tiny and barely legible, enclosed also were some statements.

 

I've been reading the guidance on the CCA 1974 and I noticed that to fulfill the CCS request the agreement doesn't have to be signed, it was also sent longer than 12 days after the prescribed period.

 

In your opinions, is what they sent sufficient to prove that this debt exists?

 

Thanks for your help.

[firstship]

Hi read" PriorityOne" on this subject CPUTR 2008,it is a response to the lack of an agreement or Recon Agreements.

 

Cabots photocopy of Barclaycard T&Cs and some statements is not good enough,so send the Account in Dispute Letter

 

PriorityOne thread will cover the next letter from Cabot,have a good read

 

Does Cabot own the debt or are they acting for BC?

 

Reagds FS

[debtchallenger]

Hi, thank you for replying. The account is already in dispute - has been since 2009! They have sent lots of letters over time saying that they could not get hold of any documentation or agreements from Barclaycard, then I received this illegible document!

The most recent letter is from Apex, saying that they are acting for Cabot who seem to have bought the debt from Barclaycard.

Where would I find the Priority One thread, have done a search on here, but its not coming up. Many thanks!

[dx100uk]

three threads merged

please stick to ONE thread per debt issue

 

dx

[dx100uk]

what does your cra file about this debt?

when was YOUR last payment/use?

 

dx

[debtchallenger]

There is nothing showing on the CRA about this, I think last payment was around 2006 time. I have located the thread on CPUTR and that makes for interesting reading. I am thinking this Apex company are just chancing it, trying to get money out of me for a debt that they cannot prove etc.

[dx100uk]

it does not show so.........

 

you should be totally ignoring them

 

end of!

 

dx

[debtchallenger]

My worry is that if they think they have an enforceable agreement and I ignore them, they will start registering defaults etc. Or is that incorrect?

[dx100uk]

in-correct

they cannot re-reg a debt that is SB'ed or has otherwise fallen off your CRA

 

dx

[debtchallenger]

Further to the above posts,

I have had an interesting letter from Apex credit management.

 

My last letter to them stated that not only was this debt unenforceable because their "client", Cabot had failed to provide documentation proving it,

but it also fell outside the Limitation period.

 

Now Apex have written back saying that they do not agree,

because they have had correspondence with us and given two dates, both within the last 6 years.

 

They are saying that this correspondence is deemed acceptance of the liability.

 

On looking back at the correspondence, these are letters disputing the debt,

and one is the CCA letter, clearing stating "I do not acknowledge any debt to your company"!!

 

As this matter has been ongoing so long, with Cabot being unable to provide documentation that we requested,

we have now reached the 6 year mark since the last payment was made.

I thought that this meant that the debt was not inside the limitation period.

 

We have been corresponding with Cabot using template letters.

 

Does this mean that the debt is not now statute barred as I had thought?

 

many thanks

[dx100uk]

no its SB'ed

 

total borrocks to try and spoof you.

 

a CCA request cannot eset the clock, neither can the other letter

unless you specifically stated , 'yes this is my debt' and signed it.

 

little spoofers.!!

 

pers i'd not bother sending anything else to anyone.

 

dx

[debtchallenger]

Thanks for responding. I was reading up on statute barred debts before, and there seemed to be a debate on whether any letters sent to these people were classed as "acknowledgement of the debt" for the purpose of the limitation period, even if you actually said that you did not acknowledge the debt! I don't think I will bother responding to Apex!