Its getting worse!!!! going to payplan

[Mr Worried]

Bitte Schone

 

 

Congrats Mr W

 

x

 

v

[Guest 47Barney]

I sent 2 CCa requests to Cabot 17 days ago and yeasterday recieved a letter from them telling me they are likely to find the CA but could take some time, they also returned my £1 saying they do not need to accept it under the Consumer Credit Act!!!

 

What do i do now?

[sam614]

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

 

times up:wink:

[Guest]

barney

is this your thread on this? http://www.consumeractiongroup.co.uk/forum/showthread.php?296123-Cabot-and-CCA&highlight

maybe best to keep to original thread. imo.

[rebel11]

Thread Moved.

[Guest 47Barney]

I have sent CCa's to LLoydsTSB, cabot x2 and Connaught x2 then followed them all up with Notice of Default letters but all i have had back is a complaints procedure letter from connaught and a 'sorry but this could take some time' from Cabot and absolutly nothing from Lloyds!!!! its now been well over 30 days since all these were sent so the question is what do i do now? I am still paying all of them the same amounts as in previous months.

Edited March 29, 2011 by 47Barney

[citizenB]

CCA requests should be sent to the Original creditor or the legal owners of the account. I find it rather odd that they are treating your legal requests as "complaints".

[firstship]

Hi Barney.LLoyds no reply and account in dispute letter did you send this recorded? Also is this a Bank account/loan/credit card,if its a bank account CCA 1974 not applicable.

 

Cabot are unpleasant debt purchasers,somewhere down the line by letter they will have informed you that they have purchased the debt or they are acting for Original Creditor .Can you confirm debt sold or who are the original OCs?

 

Connaught as above `CitizenB unusual approach from them,are they acting for OCs again who are they and what type of debt Bank Account/Credit Card/Loan

 

At this point continue to pay them,once we have more information we can advise further

 

Regards FS

[Guest 47Barney]

Hi FS, the lloyds one is a loan which was taken out 7 years ago, I have been paying into a lloyds collection account at a reduced rate without interest for the whole 7 years, never missed a payment, the CCA and Default letters were both sent recorded.

 

Cabot purchased two credit card accounts also around 7 years ago, I am sure I had a letter from them telling me they had purchased the debts, never missed a payment but have just cancelled the direct debits because they got a bit ****ty with me! both letters sent recorded.

 

Connaught purchased two credit card accounts again 7 years ago, I also had letters telling me this, never missed a payment and still making the payments. both letters sent recorded.

 

I really need some help with this so no matter how small the advice it will be greatly appreciated.

[firstship]

Barney thanks clear picture now..Well done for paying the debts for such a long period.In all 3 cases any PPI involved? any nasty charges been made over the 7 year period?

 

Let me say that IMHO as you have kept up payments, taking the situation to a final court arena for non payment,there is more than a good chance that by then Reconstituted agreements will have been produced along with T&Cs( or the actual agreement) proof of usage of the money by you and proof of payments,you would be unlikely to win.This view will probably bring some disagreements from other Caggers.

 

Lloyds as you are on reduced payments and 0% interest,remind them the account is in dispute as of.........date, and they have 14 days to respond to your CCA request,and should they not you will have to review the payment.

 

Cabot 2 accounts, letter, you are very aware that these accounts are in serious dispute as of ..........date,give them 7 days to respond otherwise payments will stop until such times as they feel than can follow the OFT guidelines concerning the CCA requests.Make them aware of those things they must not do.Letter in site library.

 

 

Connaught same as Cabot even though they would like to treat it as a complaint.

 

I note you have/had direct debits I suggest you make these Standing Orders you are in charge of SO,DDs they could take more than you want

 

Regards FS

[Guest 47Barney]

Thanks FS, the thing is i have already stopped the Cabot payments, can they take any action against me for stopping? what happens if they dont come up with the CA?

[firstship]

Barney,as Cabot have gone for the "It will take some time attitude" you have sent the Dispute letter,so all the time there is no response from them, you do not have to pay, and they must not add charges,or demand payment,or pass the account to a 3rd Party(they purchased the debt so this will not happen}Cabot will try to ignore all of these,so write to them as in my thread 5.

 

Can you confirm that Cabot have purchased the debts?

 

If they cannot produce the CCA,the debt will still exist,they will probably produce a Reconstituted Agreement,at some stage,when either of these items happen,post it up First Remove All Personal Details then we can advise you further

 

regards FS

[The GodMother]

account in dispute so they are not ment to take action. The will get a bit annoyed and threatening but then u have to think they want there money. They can provide a CCA then they get nothing.

SAR the original owners to see what charges have been applied to the accounts.

[The GodMother]

FS. they are not allowed to do anything but they will do. LTSB l am in dispute with re a CC debt they allowed someone to use my card whilest l was in hospital having my daughter. My purse, cntaining my card, was in the possession of the hospital and as result it HAD to be a hospital employee. They have passed my debt to several DCAs and a solicitors firm demanding money l do not owe and will not pay whilest the account was, and still remanins, in dispute. I have told them in writing l will not pay any more than l owe and as result they have broken the law buy passing the account around whilest in dispute. they do not accept the account is in dispute but l have not heard from them since last year.

Anyways as l was saying just because they law says they cant do all this stuff it does not mean they will comply. The law states they are not allowed to ask for or take money they are not entitlted to but as they have been having money from him via DD then u bet they wont be voluntary admitting they are not entitled to the payment they will say that they are.

[firstship]

Godmother Hi I am very much in agreement with you regarding how DCAs and OCs treat the OFT guidelines (with contempt) my thread reply No5 para 2,,like yourself I seem to spend more time drawing to the attention of my creditors OFT guidelines that they ignore.

 

Hospital is a crazy place to have your CC lifted, hope you win this dispute,you should

 

Kind regards FS

[The GodMother]

Its nearly 3 years l have been fighting so i hope so to. I know l cant remember a lot of the time l was in hospital, which is normal when having a baby l have been told, so if they did inform me of anything then l cant remember it, l cant remember arguing with a consultant over a c section but l have been told l did argue with the Consultant, I will win this. Just like all my other cases l have won.

 

Oh and BTW its not OFT guidelines is the law under the CCA 74 after section 79 if my memory serves me well. where they are NOT allowed to do anything whilest in dispute

Edited March 31, 2011 by The GodMother
Adding a bit.

[firstship]

GODMOTHER you are correct it is law under CCA 1974 s 77/78/79,the OFT have had occasion to clarify the law in response to one of the more recent court cases,discovered this when having one of those long reads.

 

So Barney get the letters underway,all the very best

 

FS

[Guest 47Barney]

So i'm assuming that now i have stopped payments to cabot they will reconstitute a CA and then come at me with everything ending up in court? will i not be able to just carry on with my payments where i left off? the thing is i dont want them to put a charge on my house or anything.

[firstship]

Barney. You are thinking well ahead this is good.

 

Keep up the payments,its not engraved in stone but as things stand ,with the lack of success ,with CCAs, at the present time I strongly suggest the payment route.

 

Cabot I am sure will eventually hit you with a Recon Agreement then its back to square one,then threats regarding court,and eventually through their in house solicitor the threat will eventually become reality.

 

This is not giving in it is just sensible advise

 

FS

[Guest 47Barney]

Recieved this email today.....sent a CCA request over a month ago but crapbot seem to think thay are above the law for some reason!!!!

 

Our response to your correspondence

 

I refer to your e-mail which was received in this office on 30th March 2011.

I understand you are dissatisfied with our final response to your complaint.

I note your reference to the Office of Fair Trading debt collection guidelines and the option offered to you in considering the possibility of additional borrowing. Please be assured we are only attempting to assist you in repaying your financial liabilities and make you aware of all the available options.

In relation to your comments regarding the price paid by Cabot for the purchase of your accounts, you shall note this is irrelevant to the outstanding balances for which you are liable.

With regards to your request for information under section 77/78 of the Consumer Credit Act 1974, please accept my sincere apologies this has not been acknowledged. I can confirm a request has been made to the original lenders, *********** and ************ for the relevant information. 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. In the meantime, your accounts have been placed on hold.

Please be advised, that the failure to provide a copy of your agreements in time does not affect the legality of your debt with Cabot but merely renders the credit agreements unenforceable until such time the agreements can be produced. It has been well established in English Law, that “enforcement” constitutes obtaining judgment at Court. The reporting of a default entry to the Credit Reference Agencies or Cabot requesting repayment of your accounts does not amount to enforcement. We therefore still recommend that you contact us to make repayments to your accounts and upon receipt of the relevant documentation we will supply you with the same.

In addition, I can confirm that your telephone number has been temporarily removed from our records. However, I must re-iterate that if we do not receive your co-operation in paying towards your outstanding balances, we shall reserve the right to re-instate telephone contact.

If you have any further queries in relation to the above account, please do not hesitate to contact me on 0................ The Customer Assurance department is open from 9am to 5pm Monday to Friday.

 

Yours sincerely

[firstship]

Barney.the account is in dispute and Cabot have taken their usual ON HOLD until they can obtain the agreement from the OC,they are well aware whilst in dispute there is no need to make payments,however I suggest you continue to pay what yo can afford.

 

I along with many Caggers would love to be made aware of how much they paid for the debt,but they will not disclose this,we are aware its between 7% to 15% and this makes me sick that this type of robbery is allowed,and I am being polite.

 

Dont phone them and keep a hard copy of the email reply.

 

Regards FS

[Guest 47Barney]

Well FS I am keeping to the same payments as before just to stop them whinging!!! I think the government should bring in some sort of legislation whereby DCA's can only collect 50% of the balance taken over, this would put a stop to these vultures exploiting the vunerable and unfortunate people who get into financial difficulty through loss of job or divorce etc.

 

I will keep you posted of any further developements.

[cerberusalert]

I think the government should bring in some sort of legislation whereby DCA's can only collect 50% of the balance taken over,

Just to play devil's advocate, if this was the case then someone could borrow £10k knowing that at the end of the day they need only repay £5K.

 

It would be better if creditors could not sell debts on at all & they did not receive tax relief.

[firstship]

cerb the devils advocate is correct.. I didnt think outside of the box

 

Your para2 makes sense.

 

Thankyou FS

[Guest 47Barney]

Hi guys, a letter popped through the door this morning from cabot with what they say is a reconstituted credit agreement, they have sent a very small photocopied agreement (hardly readable) with no address, dates or signature, there is also a badly copied 'conditions of use, which forms part of the agreement (half of it is upside down!!!) all the payments seem to be there on 4 pages though....one sheet just has a box saying 'once you sign this agreement you will for a short time a right to cancel'

 

I am a bit confused and need some help as i dont have a clue what i am looking at!!!!