Goldfish > Cabot not provided CCA..

[wb760]

Hi guys, I have been dealing with Cabot in relation to a Goldfish debt, I CCA'd them Mid August 09, they acknowledged receipt of the request 28th Aug 09, advising that the request had been forwarded to the original creditor (ie goldfish), Cabot have regurlay sent me updates to the tune of "we are still waiting for required information to be retrieved from archives"( -I'm sure you all know the sort.) The last letter recieved was on the 8th Oct 09, stating that the original lender was unable to locate the relevant info from their achives, but that they would provide the information asap. Obviously it now past the 12 days + 30 day limit, the question is do I now just sit back and wait...or is there more pro-active steps I should be taking, ie should it be wiped off my credit record if no CCA can be provided etc?. Cheers Aaron.

[DonkeyB]

No, the debt does not go away. Technically because they are in default of your request, you can stop paying. However, this default is no longer an offence; only when (if? Hey, it's Cabot and Goldfish, so unlikely) an agreement that conforms with the law is presented to you (ie. all the prescribed terms, signed by you etc) can they take any enforcement action against you. They will not wipe it from your credit record I'm afraid.

[wb760]

Cheers Donkey, im guesing untill CCA is provided then it is in limbo, unable to be sold on and not enforceable etc etc. BUT in theory if they send me regular "updates" of their continue efforts to find relevant documents for the next 6yrs would it be wiped away then?

[DonkeyB]

Cheers Donkey, im guesing untill CCA is provided then it is in limbo, unable to be sold on DON'T BANK ON THAT! and not enforceable etc etc. BUT in theory if they send me regular "updates" of their continue efforts to find relevant documents for the next 6yrs would it be wiped away then? PROVIDING YOU DON'T ACKNOWLEDGE IT - BUT THAT'S UNLIKELY

 

But you should put it in dispute. Whether you choose not to pay anything is up to you - it depends on which route you intend to take. Remember, CAG does not condone debt avoidance! But we do insist you have rights too, and the law can work against you as well as for you.

[wb760]

I thought it was an offense to sell-on debts that are currently in dispute? Cabot have aknowledged that the account is on hold untill they provide required documents..is this therefore "in dispute" or do I need to write to Cabot disputing it myself..if that makes any sense? Presumably Cabot will continue to make entries onto my Credit Record..are they allowed to do this or is there routes for me to continue in that regard also. Thankyou for all your advice so far.

[DonkeyB]

It's incredibly difficult to get them to stop processing your data and supplying to the CRAs. Yes, they will continue to record the debt.

 

You may want to write and tell them they are in default of your request - here's a letter stolen shamelessly from the legendary 42man - adapt to suit:

 

Send recorded and don't hand sign...

 

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**.

 

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.

 

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.

* 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 would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[wb760]

Mmm well I have a poor credit rating anyway, and several other ongoing CC disputes..may be wiser to sit back and wait rather than rock the boat with more demanding letters huh.

[mustang67]

Have had same experience with Cabot and Goldfish CCA, they suspended payment until as such time they can produce the CCA. Now, 12 months on they have sent me a letter saying that they have copies of statements (enclosed ) that proves the debt exists and would like a payment plan to start in two weeks. Well they might fool some people but they can get stuffed as far as I am concerned,

 

I never sent any letters to them before so as not to rock the boat. It looks like they are now getting desperate for cash by any means.