Cabot Clutching at Straws with recon agreement

[adz0827]

Afternoon All

 

A litle help needed with Cabot have attached all relevant paperwork dealing with this I just need to know what to do next? The Carey case has got me slightly nervous about Reconstituted CCA's.

 

A Brief History

 

Ist Letter from Cabot came, I responded with Staute Barred, default fell off credit file 2006 (if I recall correctly) so responded with Staute Barred.

 

Cabot response was 2nd letter informing me they had bought the account, no acknowledgement of staute barred status. They rang and I stupidly spoke to them and they said they received paymet sagainst the account back in July 2007 (I remember setting up payment through debt management company so it seems they must have got some of that payment) so staute barred probably won't work.

 

After several phonecalls (which I noted times and days) I got speaking to a helpful (yes surprising to hear) supervisor who said that they had new system put in and that this account was in dispute but due to system change had gone back to collections, I then stated that I still dispute it on the basis that an original and signed CCA was never sent to me by Associates or Cabot, she said she would put case back into disputes.

 

I thought great becasue I know they have not got a copy of original signed copy of CCA, but low and behold the reconstitued one came in post last week (2 copies of this)

 

Help what do I do now??

 

Cheers

[harrassed senior]

Was there a clear period of 6 years (5 in Scotland) prior to you making a payment through the debt management company, if so the debt WAS SB and I am fairly sure that it cannot be resurrected by any 'payments under duress' after 6 years. If this is the case, you have, unfortunately lost the money you paid, but the debt will still be sb.

[adz0827]

My equifax credit report has a default date of 03/2001 precise date 06/03/2001 I do not have records of payments made by debt management company, shall I request these from Cabot considering they told me when last payment was made?

[harrassed senior]

The date you need is when the first payment was made. Were these payment made to Cabot, if so, it may be a good idea to send a SAR to Cabot in which they should respond with ALL information they hold on you. July 2007 leaves a gap in excess of 6 years from the default date in March 2001 which still means you are in the clear if you made no payments during that time frame.

[adz0827]

Cheers will do SAR, can you point me in direction of template for SAR? Also is best to send postal order?

[harrassed senior]

Yes, always a Postal Order, and I prefer Recorded Delivery too, though some on CAG say to just get proof of postage.

 

Hmm - all my links are 'disabled' so will try and get the link for you!!

[adz0827]

Cheers Harassed, in SAR letter do I need to make reference to reconstituted agreement they sent me ?

[harrassed senior]

Just change the 'user' information and use the standard template, they may even send you a copy of their copy if you see what I mean!

 

http://www.consumeractiongroup.co.uk...ss-Request-for

[adz0827]

Excellent will send off in the morning will there be any further activity from them while this request is being carried out?

[harrassed senior]

There might be, but just tell them you will be doing nothing until you see the results of the SAR. Stay off the 'phone if they ring, tell them in writing only. Lets us know what you receive. They have 40 days to comply.

[adz0827]

I have just found an old credit report and the first payment made to cabot for this was April 2006 so there was not a clear 6 years between default and first payment made by debt management company. Do I still need to do SAR?

[debt4get]

if you are sure there is no clear 6 year gap then not much point.....if there is then yes it is worth getting the paperwork

[adz0827]

Yes I am sure I had outstanding balance of £695 April 2006 and then a reduction in the balance to £549 in January 2007 so monies were being paid to them.

 

What next?

[debt4get]

personally i would write back to cabot and put the account in dispute for not complying with request for cca...cabot will huff and puff about reconstituted agreements, but at the end of the day if they want to enforce this in court they are gonna have to come up with original, stick to your guns....

[adz0827]

Found this on another thread, shall I write back with this?

 

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.

[bluedogx]

Hi

 

You might want to read this

 

http://www.oft.gov.uk/news-and-updates/press/2010/105-10

[Tingy]

In this situation you're probably best asking whether they hold a true copy under CPUTR 2008.

[debt4get]

dont think it matters much what rules you are asking under...ask and see what response is...i think the letter you posted says it all to em