Cabot ahhhhhhhhh

[imthedaddy1971]

i clicked on the link it just takes me back to the forum home page ?

[dx100uk]

Letter used when a company fail to provide a copy of your agreement within the 12+2 working days timescale after your initial request for a copy of your agreement made under s 77/8 of the Consumer Credit Act 1974 (Highlights in red must be edited)

 

 

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 21 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 21 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

 

 

dx

[imthedaddy1971]

Thanks for that dx

[imthedaddy1971]

ok new update from cabot

Your Request For Information Under The Consumer Credit Act 1974

 

we write to your request for information under section 77 and/or 78 of the consumer credit act 1974.

 

although Cabot has requested the information, the original lender is experiencing a delay in retrieving the information from its archives. Although Cabot has not been able to provide you with the information within the prescribed period, we would still advise that your debt remains legally due.

 

We are still able to report to the credit reference bureaux regarding the status of your debt and we would recommend you continue your repayment plan with us or alternatively you contact us to make payments towards your account if you do not have a repayment plan arranged

 

Thank you for your co-operation and patience in this matter

 

OK so where do i go from here..... do i stop my payments and send in a letter disputing my account.....

 

cheers mark

[dx100uk]

you should of sent that already [14 working days?]

 

anyhow

yep

fire it off

and stop payments

 

dx

[imthedaddy1971]

update from Cabot

 

I write further to your letter dated 25th Aug. I refer to our letters dated 6th & 17th sep & 4th oct 2010 in response.

 

unpon reviewing your account it is the case that there is no need for us to provide a copy of your credit agreement under the CCA for current Accounts and overdrafts Facilities, as part V of the CCA 1974 does not apply to these types of accounts. The eclusion of Current Accounts falling into part V of the CCA as set out in section 74(1) (b).

 

I would therefore respectfully request that you disregard our preivous correspondence regarding the above and that you continue to make repayments to your account in accordance with your agreed payment plan, which for your reference has been arranged for a monthly payment of £********.

 

For your reference the balance on your account is £*******.

 

I trust we have set our position clearly.

 

If you have further queries in relation to the account, please do not hesitate to contact me on {edit}. The Customer Assurance department is open from 9am to 5pm monday to friday.

 

 

This is just one of my accounts with cabot.

[dx100uk]

how old is this a/c [bank / od]

give us the history please

 

dx