Cabot cca request no response

[greenk04]

Hi

 

I have sent recorded delivery to Cabot a cca request.

It has been delivered and they have cashed the cheque.

 

It has been 20 days since sending it in and I havent even had a letter from them saying they are looking into this ar any response at all.

 

What do you guys suggest do I just send send them aa account in dispute letter..

 

Thanks for looking

 

Also sent one to Scotcall who have done exactly the same thing!!!!

[BRIGADIER2JCS]

OK final reminders to them and a report to the OFT.

[Bandit127]

They are now in default of your CCA request. This means that they cannot enforce the debt (i.e. get a judgement in a defended case in court).

 

They can still chase for payment, report to the credit reference agencies etc.

 

They cannot get a CCJ (as long as you defend a claim) or repossess property on HP.

 

If they now write suggesting court action you should (as Brig advised) report them to the OFT.

 

Write to remind them that they are in default of your request and that the debt is now unenforceable - do this anyway.

[greenk04]

will do thanks guys is the template letter in the library?

[renegadeimp]

Yep.

 

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

[greenk04]

Thanks will get this sent of tomorrow. Do I need to put anything in ref them cashing the cheque?

[BRIGADIER2JCS]

They say they are ''looking in to it'' so leave that for now.

[citizenB]

Thanks will get this sent of tomorrow. Do I need to put anything in ref them cashing the cheque?

 

 

I would, you should refer to your CCA request dated XYZ and delivered and signed for according RM webite on ZYX.

 

That you are aware they have cashed your cheque on DATE and you now expect them to comply with your request, immediately.

 

Either Print or sign your name digitally or..

 

Sign over a grid of

 

XXXXXXXXXX

XXXXXXXXXX

XXXXXXXXXX

XXXXXXXXXXX

[citizenB]

They say they are ''looking in to it'' so leave that for now.

 

Brig, they havent sent a letter at all.. not even one advising they are looking into it

[BRIGADIER2JCS]

Just seen two sep posts sorry!

[dx100uk]

failure to comply letter

stop payment

 

dx

[Bandit127]

Have to differ from DX here.

 

Stopping payment is fine right now, but if they come back in 6 months time with a compliant agreement you will be at a disadvantage if you stopped paying. And possibly (maybe) justifying your actions in front of a judge.

 

Not saying you should stop or carry on - up to you. But realise that there might be long term consequences if you do stop.

 

If it were me, I might carry on paying for another month to see what they reply with.

 

Stopping payment can happen anytime you like. Recovery from stopping too soon will be on their terms and have you on the back foot.

[renegadeimp]

Why would there be consequences?

 

The creditor has failed in their duty to provide a legal document which is to be used to prove that they are able to enforce the debt.

 

If the debt is unenforceable, then theres little point paying,

and really the only thing a creditor can do is mark your credit file.

 

Thats why most creditors just write the debt off and go and harass someone else,

 

because they know that there is no possibility of getting money.

[Bandit127]

Default of a CCA request could well be a transient thing. I have seen posts where a DCA has turned up 15 months later with a compliant agreement.

 

There are also threads on CAG where people have received claims while the creditor is in default of a CCA request. If so, they have to defend or they get a CCJ anyway.

 

Yes, the risks are small, but I still don't think stopping payment at an early stage is a one-size-fits-all strategy. The OP (in this case) needs to know what might happen.

[dx100uk]

yes but the defendant can never be 'penalised' for stopping payments when creditor is in defalut of a CCA request.

else whats the point of a CCA?

 

no judge would ever allow that.

 

however as you pointout, sneaky tacics like sending the papers to an old address might apply!!

 

dx

[greenk04]

quick update

 

have received two letters from cabot

 

1st one saying if I cancel the request for the cca they will discuss a settlement figure!!

 

Cheek of it obviously I havent cancelled it.

 

The second received today saying

 

they cant find it but are still looking but the debt is unenforceable etc but they still want paying.

 

I have stopped paying these am I right in thinking this is just a scare letter

Thanks for your help

[BRIGADIER2JCS]

YES IGNORE THAT NONSENSE, no agreement no pay, go away!!!!

 

The withdraw CCA request part needs reporting to the OFT it breaches guidance as misleading at least.

You can download an OFT complaint form so please do so it all counts.

[greenk04]

ok will do thank you for your help where do I download it from?

[BRIGADIER2JCS]

OFT website just google OFT.

[greenk04]

ok will do thank you for your help where do I download it from?

 

Its ok found it thanks!!

[Bandit127]

Have you formally placed the account in dispute? If not, do so on the basis that you cannot verify the sums owed and that they have not produced the agreement or statement of account to allow you to do so.

 

You will then be in the driving seat. You will make an offer of a reduced settlement when you feel like it and for the amount you want (I suggest 25%).

 

But please bear in mind the advice above - they can fix this by producing an agreement at any time. Just because they haven't doesn't mean they can't.

 

Personally, I would save the amount you were paying them in to a F&F settlement fund. Let that build up to 50% but offer 25% to start with.

[BRIGADIER2JCS]

This has gone far beyond dispute, Cabot wanted the CCA request dropped and a negotiated payment plan, this was rejected and Cabot admit no CCA is extant,

so misleading and unfair business practice complaint to OFT and possible complaint to FOS!

[greenk04]

yes they have had the dispute letter then I received the letter asking me to drop it!

[Bandit127]

Per Brig's advice then.

 

Contravention of (at least) OFT guidance, section 3.9(k).

http://www.oft.gov.uk/shared_oft/consultations/OFT664Rev_Debt_collection_g1.pdf

They have clearly not ceased "recovery activity".

 

That is just a starter.

 

I don't know what asking the CCA request to be dropped falls under - perhaps Brig could help there.

[BRIGADIER2JCS]

The request to withdraw CCA lawful request and agree payment is serious. deceptive conduct, may be even other legislative sanctions available on this.