Cabot Financial and Hitachi Nova loan

[dx100uk]

yep send the failure to comply letter.

 

good move on the SAR

 

doesn't matter at this stage who owns it

 

the CCA request to crapbot will still be valid

 

dx

[kev 123]

With regards to the Failure to comply notification, is it a good or bad idea to E-Mail it to Cabot?

[dx100uk]

royal mail.

 

free proof of postage

 

dx

[kev 123]

Hi, just an update,

 

no reply as of yet regarding who has ownership of the account,

 

sent Cabot in dispute letter on Friday.

 

Just looked on my Exp Credit Report and

 

the Hitachi loan doesn't even show up,

 

its as if i have never had it????????

 

However Cabot have been having a snoop around back in feb.

[renegadeimp]

Sounds like they know its an unenforceable debt, or theyre in the process of changing the details on it.

 

Sit tight and wait for them to make the next move. Cabot rarely ever deal in enforceable debts so it will be interesting to see what they say.

[kev 123]

Will do and thanks for your support imp

[mikeymack2002]

From your info it sounds like a lack of paperwork that they would need to enforce the debt in court. Lets see what the CCA comes back with.

 

 

Don't hold your breath lol I have been waiting for 3 CCA's, which were requested back in 07/01/2014 they refuse to deal with the requests don't ring them once you have sent the requests.

 

 

They lie

 

 

MM

[renegadeimp]

You still have to make sure you follow the rules yourself mikey. Let the DCA slip up. They ALWAYS do. Their staff arent exactly the smartest people in the country.

[kev 123]

Hi Guys,

 

Just received a letter from Cabot stating that Hitachi have forwarded the letter i sent them regarding the account

as they are the legal owner of the account in accordance with s136 of the Law property act 1925.

 

Cabot have forwarded my comments regarding the removal of my details from Hitachi's data bases and for them to respond to me directly.

 

Yet again asked me to discuss setting up a repayment plan,(NOT).

 

Nothing regarding the in dispute letter yet.

[dx100uk]

i'd expect hitachi to pull stunts like that

as they know they've screwed up.

 

dx

[kev 123]

Just received a letter from Cabot, it reads.

 

Thankyou for you letter received on 19/3.

I regret that you have felt cause to contact Cabot Financial (Europe) Ltd ("Cabot") a

nd apologise for any inconvenience that you have experienced in relation to this matter.

 

You have made a request for information under section 77/78 of the CCA 1974 and are still awaiting the relevant information.

 

OUR INVESTIGATION

 

We have made several requests to Hitachi to forward any documentation relating to your account to us.

Unfortunately, Cabot have not received this documentation due to a delay in retrieving the same from their archives.

 

Please be advised, that the failure to provide a copy of your agreement in time does not affect the legality of your debt with Cabot

but merely renders it unenforceable until such time as an agreement can be produced.

 

It has been well established in English Law, that "enforcement" constitutes obtaining judgement at Court.

The reporting of a default entry into the Credit Reference agencies or Cabot requesting repayment of your account does not amount to enforcement.

 

However, I can confirm that Hitachi have now provided us with the relevant information to comply with your request under section 77?78 of the CCA,

which i have enclosed for your reference.

 

I note your comments regarding the OFT debt collection guidelines, and can confirm that Cabot have, at all times adhered to them.

 

You refer in particular to "2.8(i) Failing to investigate and/or provide details as appropriate…" and " 2.8

Not ceasing collection activity whilst investigating a reasonably queried debt".

 

Initially, I must clarify in the revised OFT Guidance updated in November 2012, these points are now listed under section 3.9.

Nevertheless, as advised in our acknowledgement of your request, your account was immediately placed on hold,

(collection activity ceased) and a request was made to Hitachi for the relevant documentation ,

(obtaining details requested by you). furthermore, w

e have written to you to keep you up to date with the status of your request.

 

CONCLUSION

 

In light of the above, as the documentation is enclosed is sufficient to satisfy our obligations set out under section 77/78 of the CCA,

we remain entitled to enforce the original credit agreement.

 

However I would like to clarify that Cabot are not seeking to initiate legal proceedings with regard to this account

and we are happy to continue accepting your monthly payments of £50 towards your outstanding balance.

 

Finally, in relation to your comment that you do not wish to be telephoned regarding your account,

I can confirm that we have removed your telephone numbers from our records.

 

However should you fail to co-operate with us at any point in the future for any reason,

Cabot shall reserve the right to reinstate telephone contact accordingly.

 

Please not that, under the terms of our complaints procedure, this is our final response.

If you remain dissatisfied, you may refer to the FOS within six months from the date of this letter.

For more information please read the enclosed guide,

 

'Your Complaint and the Ombudsman'.

 

However, as your complaint refers to the enforceability of the credit agreement the FOS may be unable to assist you as it is not within their jurisdiction.

 

I also enclose a copy of our internal complaints procedure for your information.

 

I trust I have clarified our position

 

Yours Sincerely

[intend]

Unclear as to whether they have sent you any documentation. if they have you copy scan a copy up so good people can have a look. if they have sent nothing then nothing changes - cannot enforce in court but can carry on sending begging letters.

[kev 123]

Cheers inter, will try to get hold of a scanner at some point today

 

sorry meant intend

 

Here is what Cabot have sent, also i have received an account statement - moved to later PDF -dx

[dx100uk]

looks ok to me.

 

that sar will be interesting

 

dx

[kev 123]

So shall i still wait to see if i get any further response regarding the SAR, or is the agreement enough to enforce(shall i start to pay Cabot)?

[kev 123]

Just received reply from Hitachi regarding the SAR,

 

the same info Cabot sent to me but included details of actions on the account.

and that Cabot now owned the account.

 

Any ideas what happens now regarding the CCA request from Cabot as

 

i have received another letter from them requesting i get in touch urgently to discuss the account as payment delays could affect the status of my credit report.

 

Is the copy of the agreement enough for Cabot to enforce,

 

sorry for being a bit dim but i don't know what a CCA entails,

 

and what Cabot need to enforce,

 

could one of the amazing people on here enlighten me

[dx100uk]

docs sorted for you.

 

dx

[dx100uk]

what are you indicating by saying: the transcripts say it all.?

 

dx

[kev 123]

dx, that

 

i had an agreement with Hitachi that was meant to last for 12 months, but they sold the account on after 7 months to Cabot.

 

Is the paperwork that Hitachi and the copy of the agreement enough to constitute a CCA for Cabot to enforce,

or is there other documents that Cabot should send me to fulfil the CCA request?

[dx100uk]

two things strike me

 

that CCA

 

there are [were] two hand written account numbers

 

any idea why one was crossed out and another written in

 

in the comms log of the SAR

 

30/01/2014 says 'hostile termination'

 

wonder what that means?

 

dx

[kev 123]

I have no idea why there is a hand written account number on the agreement, also don't know what a hostile termination is hopefully your guess is better than mine, sounds a bit ominous though. Is the fact that the account number has been crossed out and hand written cause for concern?

[kev 123]

I have just been looking at my current credit report, there is no mention of the Hitachi account, but it does show that cabot have had a nose around, any ideas what this means if the account is not on my credit report?

[dx100uk]

yes somethings not right

 

taking the two hand written numbers

 

do they match the account numbers on the SAR statements?

 

dx

[kev 123]

Yes dx, the hand written number matches the number on the statement.

 

No idea about the one that has been crossed out.

 

I would have thought that all of the agreement would have been printed apart from the signatures.

 

have you any ideas regarding the legality of this?

[dx100uk]

is the agreement number on the statements

 

the one on the agreement that is in the box but crossedout [