Cabot ahhhhhhhhh

[imthedaddy1971]

i am paying Cabot £19.80 a month on a barclays loan that i had and £2.00 a month on a barclays account they have been phoning every 3 months asking if i can pay more which i said no because i have been made redundant, then 2 weeks ago i got a call asked if i could pay more and saying it would take x-amount of years to pay my barclays loan off, i said no because im still not working also now im a full time carer for my blind wife now. They started asking about my income which i said i dont know the right figures at hand and i started guessing amounts then my mobile battery went dead. anyway afew days later they rang again and more or less said i had put the phone down on them and started to carry on where they had left off when my phone went dead. still asking amounts of income i said dont know and to send me a budget form, which i was told only 2% return to them which i said that aint my problem. She said i will give you a free phone number and ring them back later with the figures. i said NO send me form as im busy packing for a holiday which i was told was a holiday more important than paying off my debt at which point i put the phoned down on them. (The holiday was paid for by someone else as stated im a carer for my wife also i have 3 children with ADHD) anyway they sent me budget planner asking for income details. What i want to know is do i have to give them this info again as im already paying an agreed amount ?????????

SORRY FOR THE LONG POST BUT WANTED TO TRY AND GET ALL ONFO IN

cheers

 

mark

[unclebulgaria67]

No you don't have to and even if you sent it, it can only be accurate at the time you sent it. You would not have to justify the expenditure.

 

If they want to increase the payments, they could take you to court and then the court would set the payment at an amount you could reasonably afford.

 

My advice is to send them the information, with a covering letter explaining your full circumstances. Then if at any time they decided to go to court, you have evidence that you have fully cooperated in dealing with the debt. If they come back wanting an increase, just tell them to get lost, as they have no powers.

[fightingback99]

Welcome to CAG.

 

There's no legal requirement for you to provide Cabot with your income and expenditure figures. Cabot can ask you for it, but you don't have to give them it. That's why the person at Cabot said only 2% of people ever return them.

 

As you've discovered there's no point in speaking to Cabot on the phone.

 

If you want to pay them, pay only what you decide you can afford. There's not much they can do about it other than complain.

 

You might also want to check that Cabot have all the correct paperwork to show they are entitled to collect this loan by sending off a CCA request. If they don't provide this paperwork within 12 +2 days you can put the account into dispute and withold payment until they comply . There's a CCA template letter in the forum templates section.

 

I'm sure other experienced posters will be along shortly to help you further.

[dx100uk]

sorry i disagree with posting dca's or anyone bar a judge your personal financial details

 

none of their business.

 

get that CCA done and comeback.

 

dx

[NailPost]

If Cabot don't have the proper paperwork to prove the debt exists and they have the right to collect then they cannot legally chase you for any amount. Sending them a cca reuest may well be the best quid you've spent this week. Make sure you send the letter by recorded delivery or they'll deny ever receiving it.

[j_semple]

And NEVER sign the CCA. Print name only.

[unclebulgaria67]

Yes that is a good idea to make the CCA request. This is the CCA template from the library. Amend to suit the type of debt.

 

Letter requesting a copy of your agreement - It should be sent with a £1 postal order and sent recorded/guaranteed delivery - It should be sent to whoever OWNS the debt, the timescale for providing this is 12+2 WORKING DAYS. If it is not sent within this timescale they are in default of your request.

 

Please ammend paragragh 1 to suit. ie s77 Fixed sum credit such as loans, s78 Running account credit such as credit cards & catalogues and s79 Hire agreements.

 

 

Your Address

 

Date

 

Dear Sir/Madam

 

Re:− Account/Reference Number [edit]

 

This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

(DELETE THIS BELOW IF YOU ARE SENDING THE LETTER TO THE ORIGNAL CREDITOR AS OPPOSED TO A DEBT COLLECTION AGENCY)

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.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

print your name

[unclebulgaria67]

duplicate post. Silly system.

[imthedaddy1971]

Sorry to sound thick but do i make the postal order to cabot financial ltd ?????

[dx100uk]

for £1....leave it blank

 

dx

[imthedaddy1971]

ok cheers

oh also i have two addresses to send to cabot which one shud i use there is

cabot financial (europe) LTD

1 kings hill

or there is

cabot financial (europe) LTD

po box 241

which i got of the web http://www.cabotfinancial.co.uk/contact_details.htm

many thanks

Edited August 25, 2010 by imthedaddy1971

[imthedaddy1971]

anyone know which address from the above post that i shud use then !!!!

 

cheers

[fightingback99]

I use

Cabot Financial (Europe) Limited

1 Kings Hill Avenue

Kings Hill

West Malling

Kent ME19 4UA

[imthedaddy1971]

cheers for the reply

[imthedaddy1971]

just a little update sent cca off on friday 3rd recorded delivery, so lets just wait and see what happens next !!!

[imthedaddy1971]

Rite here is the update had a letter this morning from cabot this is what they said

 

Dear [edit]

Your request for information under consumer credit act 1974

Thank you for your requests for information under the consumer credit act 1974. Cabot Finacial currently does not have this information on file. However, we have requested the relevent information under section 77 and/or 78 of the consumer credit act 1974 from the original lenders.

Please be advised, we do not accept the statutory fee required under section 77 and/or 78 of thr consumer credit act 1974 and we have returned the fee for £1.00 that you have sent.

 

what happens next?

We anticipate that we will be able to provide this information within 12 days. In the event we are unlikely to obtain this information within those time limits, we will write to you again.

 

Contacting cabot

If you have any queries about your accounts, please call one of our customer advisors on [edit]

So is it just a case of waiting to see what happens or are they talking cabot cr*p

 

cheers

[MONX]

Dont worry, they are just saying that they dont have the CCA, they have returned your £1 postal order because they are not going to be the adminstrators locating the CCA. They normally forward it to the original creditor with the request for the CCA so they are being a bit pedantic about it.

 

Isnt it funny tho, they were bullying you into giving them I&E information and questioned your right to go on a holiday yet you ask for proof of the alleged debt and they become quite concilliatory.

Edited September 8, 2010 by MONX
re-read original post...doh! info provided was for overdraft not loan.

[dx100uk]

hehe

nice one

cabot cabotted again

 

well done cag

 

dx

[ScarletPimpernel]

The reason Cabot return the £1 fee is that they like to maintain the pretence that they are not a creditor even though s.189 of the CCA 1974 says that they are.

[Stigman]

Just wait out your 12 + 2 working days and then send in the in-dispute letter.

You are then entitled to with-hold further payments until they come up with a enforceable agreement.

Stigman

[imthedaddy1971]

can some one point me in the rite direction for the in-dispute letter.

 

cheers

[dx100uk]

up the top of this thread in the dca section of the library

 

before you started paying cabot how long was the A/C dormant from YOUR financial in/out's?

 

dx

[imthedaddy1971]

when i go into the library section and click on the one i want the page returns to wot i just clicked on is it me or is there something wrong ?

cheers

[huggy41]

there is something wrong i told site team this morning that the link was not working it seems now that only part of it is will let them know

[dx100uk]

its the bottom blue link in my thread

 

dx