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    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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Cabot cca request no response


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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!!!!

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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.

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Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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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

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BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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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 :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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failure to comply letter

stop payment

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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.

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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.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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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.

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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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 months later...

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

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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.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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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.

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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!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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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.

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

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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