Cabot have old provi debt and barclaycard debt

[jj itch]

Two of our debts which are with Cabot, we requested the CCCA and sent the £1 for each copy. We received a letter from Cabot saying they do not have the relevant documents but will contact Providian and Barclaycard for the relevant documentation. They say they do not want the £1 enclosed payment they do not charge this. What do I do now.

[Uptotheneck]

You sit back and wait, when the 12+2 working days passes and they come up with nothing, then the account is in dispute until/if they do.

 

 

Regards

 

 

David

[jj itch]

if the account is in dispute what do i do next

[Uptotheneck]

Stop any payments you are making and just wait for the begging letters really.

 

 

Regards

 

 

David

[themagician]

Stop any payments you are making and just wait for the begging letters really.

 

 

Regards

 

 

David

well said uptotheneck,

sick back enjoy the fight your in gaggers hands now,

[hillards]

Spend the time while you are waiting to read through lots of other threads on here, all telling the same story. Cabot will fail to provide the paperwork you asked for and you can then happily ignore any further approaches they make for payments. Without the documentation that they would need to rely on in court proceedings they are stuffed, and they know it.

 

There is a letter you can send that tells them just where they stand, in the middle of a sewage farm basically, if you wish. That usually has them sending a letter saying they have returned the account to the original creditor. The OC would probably pass the account to another DCA and that's where you would send a letter saying your are 'bemused' at them taking such action when your account was placed in dispute with the first DCA.

 

It is possible that they can find paperwork, and will send it to you, but then you need to check if it is valid. More help here on the site if that should happen. Although everyone says to allow 12+2 days, if they produce the document at a later date, they often resume activity on the account.

[jj itch]

so if they dont send the agreement in 12 + 2 days what do i do next, how do i put the account into dispute

[silverfox1961]

Hi,

If they fail to deliver within the 12 WORKING days you send letter 20 here:

 

The Consumer Forums - Debt collectors

 

There are other letters available as well and I'm sure someone will point you in that direction

[jj itch]

Thanks

I have read some many threads regarding CCA and disputes i am confused by it all,

[Fred Bassett]

Thanks

I have read some many threads regarding CCA and disputes i am confused by it all,

 

Don't worry about it JJ - we're all a bit confused at times. It doesn't help that you're dealing with Cabot who have their very own version of the Consumer Credit Act. In Cabot's world, black becomes white and grey becomes fluffy pink. Treat everything they tell you as a lie and you won't go too far wrong.

 

Regards.

 

Fred

[jj itch]

The debts Cabot got are from Providian and Barclaycard from a long time ago, I have being paying a token payment. No CCA yet

[jj itch]

I received my letters from Cabot today, on two debts both saying the same they have been unable to get the original CCA they are making urgent requests to get them. What should I do next one of the Cabot debts is with the CCCA DMP.

[volvo]

Sit tight and play the patience game as Cabot 'usually' are unable to supply an enforceable agreement, but not always, so wait and see what they come up with,

and people on here will then advise the way forward

 

VOLVO

[jj itch]

I have two replies from Cabot and they say that still have no agreement and they are withholding payment collection, I have disputed their lack of agreement but they seem to be playing a time game..

[silverfox1961]

Cabot don't give in easily. It's been 16 months since I made my request and they still haven't supplied my agreement and of course, they haven't received a penny off me in that time either.

 

These letters tail off after a while so long as they can't supply.

 

Have you stopped paying them?

[debt4get]

you may eventually get a providian agreement...they managed to retrieve mine..the only problem is....they are unenforceable..so wouldnt worry too much..barclaycard, I have yet to see an enforceable agreement from them on this forum

[veryweary]

. What should I do next one of the Cabot debts is with the CCCA DMP.

 

Just a head up on CCCS DMP, when I put an account with nasty DCA into dispute and stopped payments by changing my CCCS payment distribution on their online services, it worked for 2 months.

 

But constant pressure from the DCA must have caused a CCCS advisor to cave in as without even telling me CCCS reinstated normal payments without my permission or even telling me. Fortunately I discovered this before the payment was made and stopped it again online.

 

When I spoke to CCCS for doing this, the initial advisor was sympathetic but had to pass me to a senior advisor,who insisted that making payments was CCCS policy because regardless of whether the account was enforcable or not the debt existed.

 

If I didn't like their policy and resume payments I had to leave the DMP, which I did. Was really worried at first about my decision but it has worked out fine.

 

They may have changed their policy since this time, but being funded by the creditors would make it diffficult for them to change this policy. I'm not trying to knock them because they do provide a free service which helps a lot of people in difficulty.

 

But with the exception of a bankruptcy threat, if a creditor turns nasty threatens court or a charging order they'll just advise you to accept it all. Again no doubt because their hands are tied due to their funding.

 

So keep an eye on CCCS meantime..

[jj itch]

I received this letter today in the post what should I do.

Also I have told CCCS to stop paying Cabot and DLC, will probably take me on DMP but see what happens

 

 

[247orbital]

but Cabot can't produce the signed agreement so that surely makes all that waffle. if they can't produce the agreement how do they justify processing your data?

[ashmk]

Yup, this is normal blah blah blah from Cabot. Spend your money on yourself and give them nothing.

[Jasper1965]

Dear Cabot threat monkey.

 

Ref above letter.

 

Thank you for confirming in writing that you are in registering the default invoking what you believe to be your contractual right (notwithstanding the fact that you have provided no evidence to date of any such contract). I refer you to the following paragraphs taken from the OFT full version available here link and draw your attention to the highlighted phrase.

 

5.2 In a recent judgment,(McGuffick) the Commercial Court held, in a case under

section 77 of the Act, that passing details of a debt to a credit reference

agency and related activities do not constitute enforcement. It also held

that steps taken with a view to enforcement, including demanding

payment from a claimant, issuing a default notice, threatening legal

action and the actual bringing of proceedings, are not themselves

'enforcement'. On the other hand it confirmed that obtaining judgment

against the debtor was enforcement, as were the actions listed under

sections 76(1) and 87(1),26 notwithstanding that some of the actions

'less obviously' amounted to enforcement. These actions are demanding

earlier payment, recovering possession of goods or land, treating any

right conferred on the debtor by the agreement as terminated, restricted

or deferred, enforcing any security and terminating the agreement.

5.3 In drawing a distinction between actions which were and were not

enforcement, no definition of enforcement was given the court, but it

would appear that it was distinguishing between actions based on the

exercise of contractual rights (which would be enforcement) and other

actions intended to obtain payment which did not involve the exercise of

a contractual right.

 

 

Since the OFT hold the view that such exercise of a contractual right as you admit constitutes enforcement, I have no alternative but to refer this complaint against yourselves to the OFT for further action as whilst in breach of my lawful Sec 77/78 request any such (enforcement) action is expressly forbidden by law.

 

Love

 

xx

[jj itch]

Hi

 

I received this day from Cabot along with copy statments is it enforceable

[alfwithhair]

I see not a sign of any terms and condition to which the refer to on the application form.

Did they enclose any?

If not its usless IMHO

[jj itch]

yes they did didnt scan but can do

[debt4get]

usual rubbish send em this..

ACCOUNT IN DISPUTE

 

Date:

 

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. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial 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 you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(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. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

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.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully