Cabots playing silly beggars

[mrsfoot]

Friend's husband has an ex. She has been buying stuff online frm catalogues.

She has then left the debts to mount..cos they are all in friends husbands' name. He is now being chased by cabot.

We have cca'd and got the usual response "we have asked for the agreement but the catalogue are having problems finding it. In the meantime we are still askin you to make payments"

Now..I know they can't chase the debt whilst no agreement is in place (or has this changed?) The cca had the usual non acknowledgemet of debt...and icluded a statement in regarding the account being fraudulent but they still write.

I suppose I just want to know if anythin has changed in the cca rules

[the_shadow]

Friend's husband has an ex. She has been buying stuff online frm catalogues.

She has then left the debts to mount..cos they are all in friends husbands' name. He is now being chased by cabot.

We have cca'd and got the usual response "we have asked for the agreement but the catalogue are having problems finding it. In the meantime we are still askin you to make payments"

Now..I know they can't chase the debt whilst no agreement is in place (or has this changed?) The cca had the usual non acknowledgemet of debt...and icluded a statement in regarding the account being fraudulent but they still write.

I suppose I just want to know if anythin has changed in the cca rules

 

This has changed.... even whilst not responding to the s77/s78 they can still do everything bar getting judgement in court (carey vs hsbc / Mcguffick vs rbos)

 

If the account was taken out after april 2007 then they dont even need the CCA with the prescribed terms to get enforcement in court as s127(3) doesnt apply post april 2007.

[rebel11]

Hi mrs

 

Have a read of numbers 4,5 and 6 in my signature.

[BRIGADIER2JCS]

Has this person at any point warned the

catalogue compnies of the alleged fraud?

[mrsfoot]

Hi. Right..thanks for the update and pointers..CAGgers are brilliant!!

 

Yeah they have informed the company that the account was set up fraudulently..they wont have any of it...I understand why...but its a genuine case.

 

Thanks guys xx

[BRIGADIER2JCS]

There must be a formal complaint made to CABOT and The OC

this is a genuine dispute and therefore continuing attempting to

collect breaches OFT guidance, so a report to OFT as soon as possible.

[the_shadow]

Hi. Right..thanks for the update and pointers..CAGgers are brilliant!!

 

Yeah they have informed the company that the account was set up fraudulently..they wont have any of it...I understand why...but its a genuine case.

 

Thanks guys xx

 

Problem is I would imagine they get a lot of this "its not my account" etc, its worth a complaint and if you can give any evidence of how its been taken out fraudulently I would provide it... better to be proactive in this instance I feel.

 

S.