cabot financial advise please

[toplad]

cabot recently contacted me regarding a bank of scotland debt i owe.

i have informed them that i know nothing about this and snet in a cca request.

they have returned my 1 pound postal order stating that they do not except my statuory fee under section 77 0r 78 of the consumer credit act 1974.

they have stated that they will be in touch within the next 12 days.

 

 

any ideas, i have used a standard letter requesting cca. this has suprised me.

[cerberusalert]

Was it for an overdraft? If so a CCA request isn't appropriate.

[toplad]

no it was from a bank of scotland visa

[veryweary]

Cabot always return the £1 fee sent with peoples CCA requets. Don't worry about it. They'v aknowledged they received your request, so sit back and wait for them to send you the paperwork,. Sometimes it takes them months to get it, and even better sometimes they never do.

[dx100uk]

months?

they have 12+2 working days.

else stop payment!

 

dx

[veryweary]

Toplad didn't say he was making any payments?

 

But would agree with the 12+2 days if he has been making payment to Bank of Scotland or Cabot.

[toplad]

cabot have sent through a list of term and conditoins none of which are on headed paper or has my signature on. they say this is ok but they are still tryingto get a signed copy. any ideas what next??/

 

 

please

[cerberusalert]

Just wait until they produce the CCA.

[hidebait]

how old is the debt?

[toplad]

debt is old although i was paying a token payment of 1 pound a month until a year ago.

do you think i should reply stating that you have still not proved me with the correct cca request and if you contiune to send letters of harrassment i will contact oft????

[toplad]

sry does the cca have to have a signature on it???

[cerberusalert]

No, send it with your name printed at the bottom not signed.

[debt4get]

after 12 days 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

[toplad]

many thanks will post record - on monday

[toplad]

they are saying the details they have sent me are the cca, but it has no signed copy with the terms and conditions.

[billybilo]

hello all,

 

I didn't know how to start my own thread or if I am meant to, so I thought I would use one that best fits my description

 

Today I received the following letter,

 

Dear Mr xxxxx

 

Contacting you

 

ref -xxxx/xxxx

We will be calling:

On 28 May 2010

Between 8am and 9pm

 

Contacting Cabot

 

If this time is inconvenient, please call 0800 328 9911(Minicom:01732 524630)

Yours Sincerely

 

Sam Wilson

Recoveries Manager

 

As you can see, there is no indication as to what this is regarding. I was wondering if anyone else has received this type of letter, and, the best way to approach this type of communication.

 

Thanks in advance

 

Mike

[Pinky69]

The new thread button is on the main forum page at the top of the threads on the left hand side.

 

Never speak to a DCA on the phone. They will just give you a load of abuse and pressurise you for payment. The best way to deal with this is pick up the phone and lay it down - preferably near a very loud TV. They will eventually write.

[billybilo]

Thanks Pinky, found it

[toplad]

received a relay from cabot what do you think, i was going to just ignore!!!H]

[toplad]

sry try this please

http://i970.photobucket.com/albums/ae181/toplad/DSCN2394.jpg

 

http://i970.photobucket.com/albums/ae181/toplad/DSCN2396.jpg[url=http://i970.photobucket.com/albums/ae181/toplad/DSCN2394.jpg][/url]

 

 

thanks

[cerberusalert]

Ignore the muppets they admit they are still waiting for the CCA and that they adhere to OFT guidelines and finish by intimating they are going to break the said guidelines by resuming collection activities.... idiots.

[debt4get]

what they are basically saying is they understand they cannot enforce the debt without the documentation requested..but the debt still exists and we will continue to trash your credit file as we see fit...make sure you keep the document its a classic admittance of "we cannot enforce' in other words we can shout. phone ring write...but you dont have to pay if you so wish...no reply is necessary

[toplad]

thanks guys as i though there just trying it on

[toplad]

what they are basically saying is they understand they cannot enforce the debt without the documentation requested..but the debt still exists and we will continue to trash your credit file as we see fit...make sure you keep the document its a classic admittance of "we cannot enforce' in other words we can shout. phone ring write...but you dont have to pay if you so wish...no reply is necessary

 

trying to stay one step in front of this shower.

 

i have noticed the above mentioned debt has a default jsut over six years and has now come off my credit file.

 

i think i am right in thinking that crapbot cannot default on this debt as it has already been defaulted.

i have searched through my paperwork and have found the orginal default notice issued by bos in 2004( although looking at it now its not right).

what do you guys think?

thanks

[Fred Bassett]

Hi toplad, is this a standard credit card or one of BoS's famous Preference Cards?

 

Fred