Cabot / Halifax CCA

[TashaGirl]

The second of my new list of threads: I CCA'd Cabot who replied.

 

"There is no need for us to provide a copy of your credit agreement under the CCA for Current Accounts and Overdraft Facilities,

as Part V of the CCA does not apply to these types of accounts.

 

The exclusion of Current Accounts falling into Part V of the CCA is set out in section 74(1)(b).

 

Therefore, as will not be processing your request for this account we have returned your fee with this letter.

 

For your ease of reference the outstanding balance on the above account is £3,675.01.

 

We trust we have set out our position clearly."

 

It's not clear to me, what does this mean and what should I do next ?

 

Any advice would be very much appreciated.

 

Thanks

TG

[firstship]

HI Tasha regret CCA does not cover bank account or overdraft,Cabot are correct in this instance,

 

What are you hoping to achieve?

Do you have in place any form of repayment plan?

 

Regards FS

[TashaGirl]

Hi FS

 

We have been in a paid DMP for many years and aren't making any progress just paying fees and not seeing reduction in the debt,

 

so aiming to find out what we owe and sort out getting a self managed plan in place to get ourselves straight asap.

 

So just started contacting DCAs to see where we stand.

 

Thanks

TG

[renegadeimp]

Drop the paid dmp and go with a free one

[TashaGirl]

Thank you both. In respect of the debt itself - do I SAR Halifax or Cabot ? If not what should I do next ?

[fkofilee]

SAR goes to halifax...HBOS/ Whatever they are called these days?!?!

 

Standard 40 day response i think. This will only give you notes etc from them... however if any are charges you should get reclaiming

[firstship]

Stepchange is a FREE DMP organisation,

get rid of the company you are paying fee,s to as soon as possible,

 

if you so wish run your own DMP,

 

many of us use both methods of dealing with our debts.

 

If you do not have statements from Halifax and Cabot then SAR Cabot if they own the debt,

make them do the work,

 

they will have 40 days to respond,

 

these days it is very difficult to recover any charges.

 

If Cabot own the debt at some stage they will offer you a settlement figure,

before agreeing,contact us again as this is a minefield.

 

Assuming Cabot is the owner of the debt did you receive a letter of assignment from Halifax and Cabot?

 

FS

[TashaGirl]

OK, thanks guys.

 

We are dumping our DMP this week.

 

CCA deadline is next Friday so will have a clearer picture by then of the ones we need to SAR.

 

Think it's just Halifax and Lloyds.

 

Should be relatively straightforward to manage just a couple of organisations I hope.

 

I don't believe we've had a letter of assignment,

but I guess a SAR would tell us whether they say they've sent one.

[firstship]

You have probably picked this up,

reading around the site,

when a debt is sold the Bank/CC company should tell you by letter that they have sold the debt,

and the buyer should also send you a letter stating that they have purchased the debt with all rights etc

 

.If you intend sending an SAR to Halifax this info should be among the statements and copies of letters etc

 

All the best,you have lots of work to do

 

FS

[Rayn2036]

Hi Tasha,

I am with the same DMP as you.

 

I am also now planning to do a self_DMP and dumping them completely.

 

But before dumping them I thought of sending CCA request to all DCA to find out if they have the correct paperwork.

 

I sent CCA request to 8 and received no agreement from any of them.

 

Usual 40 days crap from Crapbhoot and Lowlife will ask me to pay in full if they show me original paperwork.

 

but 14 days are up for both of them.

Non compliance letter on the way.

 

I think we just need to calm down a bit and follow all instructions properly from experienced CAG members.

 

Wish you all the best and hope we will be debt free one day soon.

[TashaGirl]

Good to hear from you Rayn. After so many years it would be so good to be able to tell them where to get off ! Hope we're both debt free soon

[Rayn2036]

Have you spoken to Eurodebt about leaving them?

 

I spoke to them two weeks ago about my intention to leave due to large management fee.

 

They slashed the fee from £43 to £30/M straight away and she also told me that there is no string attached so I can come out anytime I want.

 

Not sure whether to believe them because I think they would probably try for termination fee.