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Repsonse from DCA re CCA req


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Morning all.

 

 

This is a written response from Cabot for 3 CCA requests, All outstanding and no communications from them since the date of the letter.

 

 

No response from the failure to comply letter either.

 

 

The prescribed period

2.14 The period within which the duty must be complied with is 12 working

 

days after the request is received. This is set by the Consumer Credit

 

(Prescribed Period for Giving Information) Regulations 1983 [sI

 

1983/1569]. Since the period of 12 working days runs from 'after' the

 

receipt of the request, when calculating the period the day the request is

 

received is not included. However, the information must be given

 

'within' the period, so that the calculation of the period will include the

 

day the information is sent.

 

2.15 By section 189(1) of the Act, 'working day' means any day other than a

 

Saturday or a Sunday, Christmas Day or Good Friday or a bank holiday.

 

Next steps please?

 

 

This is a 2010 debt last payment was in 12/10. Debt is IRO £300

 

 

The CCA request was sent by RD on the 17/01/2014

 

 

Signed for by Cabot 20/01/2014 they know what it is but will not respond

 

 

Same story for the other two as well all same details

 

 

Yes I know it is 12+2 days lol but hey they are still not responding

 

 

MM

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Send the dispute letter. Until they provide one they cant enforce court action.

 

Cabot rarely have the right paperwork for their debts. So good job on calling them out :)

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..

 

 

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renegadeimp

 

 

Thanks for the reply, did you read their response to my request? the fact the quoted the wrong timescales is a laugh, goes to show they are still in the crayon stage, I/we know that they only have 12 days, they are now trying to quote the CSA rules at me, they have said that they can take a further 28 days to comply under the CSA rules? new to me.

 

 

They have received today by RD my formal complaint, they have also just informed me that they purchased these debts in 11/13 and will NOT supply any NOA, regardless of if I send a SAR to the OC.

 

 

I now think that there is more to these debts than I FIRST REALIZED, I know I will have to wait for at least 56 WORKING days for them to respond to my complaints, after this it's then over to the OFT to deal with.

 

 

Since they have put a response in writing in regards to the timescale they must respond, I will simply assume they will say it's a typo, pre- empting this reply I set up my recording device and called them, they then confirmed this again and I said thanks very much now I can make an official complaint to the OFT, she responded you cannot prove I said this I said the call is recorded, she went nuts, you don't have my permission to record my voice blah blah blah, she then hung up. These goons are a pain in the bottom

 

 

mm

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Cabot will do everything they can to mislead you and to try and get judgements by default. Thats just how they, and every other DCA works.

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

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I hope they try soon as this letter will be shown to the DJ as defence, and to show that they are unable to comply with reasonable requests, contrary to the OFT guidelines..

 

 

MM

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i think they need to be reminded that the 12

+2 is 2 days for them to recieve the post through royal mail or whoever you send it to them with, and then 12 to act upon it. As i said, they obviously dont have the paperwork, so they hope you are one of the thousands of people that send them a CCA request then never challenge the response they send. Remember, if they didnt lie or make up random silly rules for themselves, they would have gone out of business a long time ago. The fact they are still operating proves that many people fall for their tactics.

 

Thats not to say they dont hold valid debts, but im very certain that a sizeable majority of their portfolio is made up on unenforceable debts. It's ALMOST fraud IMO, but not quite. The entire system needs changing to stop DCA's acting like this but since it has been happening since 1925, it wont change anytime soon The sad thing is, people rarely ever challenge them on it.

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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A new development in this case Cabot have resent me copies of this agreement and it is NOT signed, by the lady in question, but was on the first one they sent to me, therefore showing that the first one they sent to me was a fake what next please?

 

 

MM

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Second one could be a reconstituted agreement

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

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These accounts are POST April 2007 and don't need to be signed.

 

IF the DCA can reasonably show you have had the money/goods, you are stuffed.

 

What are the debts for? How much? What are you trying to prove by requesting the CCA's?

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3 Accounts 14-1500 total, I wanted to see if the debt was enforceable like we do, I sent off the requests, I was emailed them back, the first one was hand written with the last 4 digits of the agreement, was signed for by the company as in the PDF, the second set "hard copy" was totally different, the debts were pre 2007in the end, hence why the cca request. the 3 different documents I now have are all different. why and how come, these are classed a genuine copies of the agreement, as stated in the DCA's letters, if indeed they are then why so many differences?

 

 

MM

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  • 1 month later...

Just an update it has now been 50 working days since I put in 11 CCA requests, all bar 3 have yet to be fulfilled, but 3 have now been deemed uncollectable and have had this confirmed in writing, they will not pass these ones on for further collection as the DCA is the owner, I also have this in writing. I still get the odd letter from those that have not responded to the CCA asking for money again, but formally remind them of their obligations in respect of the missing CCA.

 

 

I also have two (2) Sar's outstanding but not expired time yet just a few more days to go till they do.

 

 

Should I

(a) let sleeping dogs lie

(b) send off the failure to comply template

© totally ignore the ones that atm are un-enforceable due to no CCA?

 

 

Thx MM

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imo no point chasing the cca as they cant enforce without a compliant reply anyway.Have a read of the new Financial Conduct Authority online Handbook,in particular CONC 13

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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I was already half way through the entire handbook lol heavy reading thanks for the directions

 

 

MM

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  • 3 weeks later...

Admin

 

 

Please adjust thread title as *Won* please as all accounts now closed as financially closed by DCA thx Mike as of yesterday

 

 

MM

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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