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Reconstituted credit agreement supplied by Cabot original lender Citi Financial.


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Hi hello everybody, This is my first post here on CAG forums.

I was wondering if anyone has any help and advice as to how I should now proceed, made a CCA request to Cabot financial the debt that I have with City financial after much time several letters from Cabot apologising for the delay and a letter to them putting the account in dispute, today a big envelope of paper work arrived including some old statements pages and pages of terms and conditions, and in the letter that they have sent with this paperwork it says and I quote this paragraph from their letter Not withstanding the above please find enclosed all the relevant information following your request for information under section 77-78 of the CCA. We can confirm that we have provided they reconstituted true copy of your credit agreement, which for the avoidance of doubt complies with the consumer credit act (cancellation notices and copies of documents) regulations 1983 and therefore complies with the obligations set out under section 77-78 of the CCA.

Obviously being a reconstituted copy it does not contain my signature or a signature of the original lender.

It states in the letter from Cabot that they purchased the debt from Citi financial on the XXXX date, but they have failed to provide in all the information sent the deed of assignment.

I am looking for some advice as the best way to proceed, I have previously contacted Cabot with a view to making a full and final settlement offer (funds coming from my father to make full and final offer to all the other debts I have only enough money to offer about 28%) this offer was refused they can bet with a counter offer of just over 50% this was all prior to requesting the CCA the advice I am looking for is how to make a further offer full and final, Clearly if Cabot at the original consumer credit agreement signed by both parties and containing all the prescribed terms they would have sent it and not gone to the trouble of getting a reconstituted true copy of my credit agreement can anyone please advise as to what the next best course of action is in making a full and final offer.

If anyone please help I'm sorry if this post is long winded and if you want to scan and post up any letters or the agreements, please let me know.

Thank you very much

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HarrassedSenior..............has a letter with a good reply to recon agreements along the lines of why a recon agreement and where is the original kept and what form etc.............sure he will be along with an original not reconstituted version...............FS

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Hi think this is the letter you mean.

 

Dear Sirs,

 

Thank you for your letter dated nn/nn/nnnn.

You have chosen to respond to my CCA request by providing a reconstituted agreement. While this may satisfy a CCA request, it is not enforceable in a court of law.

 

I now request you to confirm that you actually hold a copy of the original signed agreement. If you do not hold an agreement, then I require you to confirm this, or if you do hold the original signed Agreement then I would ask for you to advise me in what form.

 

I can think of no valid reason why you should provide a reconstituted version when you could have simply photocopied the original-if it exists.

 

I would remind you that the OFT state that creditors should not imply or state that an enforceable agreement exists if that is not the case.

 

I look forward to receiving your response within 14 days if I do not I will then consider the alleged debt to be unenforceable at that time.

cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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Thank you for your replies so far.

Do you think I should also ask for a copy of the deed of assignment ?

Does anybody know how you can tell whether the terms and conditions attached to the reconstructed credit agreement are correct for the time of inception?

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Thank you for your replies so far.

Do you think I should also ask for a copy of the deed of assignment ?

Does anybody know how you can tell whether the terms and conditions attached to the reconstructed credit agreement are correct for the time of inception?

 

hi, if you scan and post up the recon etc, remove all personal deatils ref numbers barcodes.. you should have recived a noa

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Thanks Dpick....that is the letter................the deed/notice of assignment need only be a line in a letter stating we have sold the debt to in this case Cabot and Cabot need to do the same to you as well........................FS

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  • 2 weeks later...
Thanks Dpick....that is the letter................the deed/notice of assignment need only be a line in a letter stating we have sold the debt to in this case Cabot and Cabot need to do the same to you as well........................FS

 

Is this true?

 

Cheers Mark

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Mark.........Yes this is so...............my own dispute regarding Assignment has been where Varde Ireland purchased a debt but the letter telling me Varde purchased the debt comes from Experto Credite on behalf of Varde,this I will not accept,I am prob: not correct by I am insisting that Varde tell me in writing that Experto have been authorised to act for them and they have purchased the debt from in my case MBNA.........FS

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