Advice needed -Cabot financial

[tigerpete]

Hi, I'm new on here and any advice would be great, here's the situation

 

About 16 years ago I took out a consolidation loan with a UK bank, that no longer exists, for some existing debt I had, however, over the next few years I ran into problems making the re-payments due to my circumstances drastically changing.

Eventually my loan was passed from DCA to DCA and I was making payments regularly whilst I sorted my self out.

 

A couple of years ago my debt was passed to Equidebt, during which time I became ill and my wife took over the management of payments, which remained regular every month.

We then got a letter off Cabot saying that they had purchased the debt as Equidebt had gone bust and told me to kee p making payments which we did.

Occasionally we would get a 6 monthly phone call off them and they would try to get a financial statement off me. All this is pretty much run of the mill stuff as I'm not trying to avoid the debt I have or now thought I had .

 

However over the last few weeks I've had reason to question that I even have a debt with Cabot financial because I have received phone calls inquiring about my Equidebt credit card debt, which the original debt was certainly not, and in the same breath the Cabot rep then said" well is it a Santander credit card or loan" ! Clutching at straws

 

As this stage I told them that they should have all that information if I did have a debt with them and I certainly wasn't going to tell them over the phone, because they did have clue what the debt was and if it was actually mine, I asked them to supply my original CCA that I signed, I have still not received it 8 working days later they have been ringing me since but I've not been in when they have called.

 

I'm now worried that the debt they are chasing in my name is not mine and worse still i'm expecting somebody to come after the original debt.

 

What should i do ?

 

I know they can't force me to complete an income and expenditure form.

I know they can't enforce the debt in a court without a signed CCA

I have been paying regular monthly payments - so my debt won't be statute barred.

 

Should I write to Cabot for a copy of my CCA, if they have one ?

I read loads about people having problems with Cabot, and some are suggesting only to deal with them in writing ?

If I do request a CCA , and they don't reply , what do I do next ? what will they do ?

Should I stop making payments ?

 

Any advice would be welcome

[theoldrouge]

CCA request under s77 to Cabot with £1 fee

[theoldrouge]

12 working days plus 2

 

Put debt into dispute cease payment

 

Quote them this fom FCA

 

CONC 7.5.3

01/04/2014

FCA

A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid.

 

[Note: paragraph 3.7o of DCG]

[Bazooka Boo]

Oh dear, cash cowed for years!

 

Have you checked your credit file?

What was the last begging letter you had, and who from?

 

Yes keep ALL correspondence in WRITING ONLY, if they ring, laugh and hang up, they'll get the message soon enough.

NEVER discuss anything with them over the phone.

 

Send the CCA request as oldrogue has already said, with a £ postal order, don't address the PO to anyone, just mark the back of it

''for statutory fee only''.

Get ''proof of posting'' which is free from the PO counter, http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**

 

The threat of a 'doorstep collector' is just that, and if anyone did indeed turn up unsolicited on your property, not only are you under NO legal obligation to speak to them, but you CAN demand they get off your property sharpish or you will call the police and have them removed.

If they fail to leave, or sit outside your property in their car, then call the old bill.

 

Once you have sent the CCA request they have 12+2 days (working) in which to respond with the agreement, if not, then the debt falls into dispute,

however you need do nothing, just sit on your hands.

[citizenB]

Was this a loan secured against your home ?

 

Was there any Payment Protection Insurance added to the account.

 

I would also advise that you write to Cabot advising that you will NOT deal with any personal finance issues over the telephone and that they must put everything they want to say in writing. Unless you are recording your calls with them, this is for your own protection.

[dx100uk]

oh dear cash cowed badlyi bet

 

equidebt is the big clue here..

 

not being done on other debts are you

 

dx

[tigerpete]

Hello, thanks for the advice , the original debt was not a home loan and it's the only debt I have

 

Just one question what happens what the 12+2 days is over and the account is in dispute ? Do I need to go to the ombudsman ? what likely action will cabot take ?

[dx100uk]

you do nowt bar stop payments

 

 

until/unless they provide an enforceable agreement

they are stuffed

 

 

confirms you've been cash cowed!!

 

 

dx

[tigerpete]

Hello ,

 

I've had the following reply from Cabot

 

"Thank you for your for your request for information under the consumer credit act 1974.Cabot finance does not currently have this information on file.We have requested the information from the original lender.We anticipate this will take 40 days , in the event we are unable to obtain the information in that time ,we will write to you"

 

'It has come a couple of day's before the 12+2 rules runs out - Is this just them buying time ? having read the reply am I right in thinking the account will still effectively be in dispute? If so thanks

 

Also are Cabot breaking the law and obtaining money from me, without a signed agreement in their possession , the letter clearly states they don't an agreement ?

 

As I previously posted they don't have a clue what the debt, if it is my actual debt, is for! my original debt had been passed around 4/5 dca's before it ended up at equidebt prior to Cabot and the original source is no longer in business.

 

What can I or should I do now ? ask for a refund of monies paid to them ? any advice appreciated

[theoldrouge]

Stop payments, await any reply from Cabot, you won't get any refund

[numbers666]

Stop payments, await any reply from Cabot, you won't get any refund

 

Maybe this should be a side topic...

 

Scenario

 

DCA claims x for y debt.

 

Person coughs up and pays.

 

Person then after a period of time says hang on prove it.

 

DCA cannot prove it.

 

Person the asks for money paid to DCA back - on basis of the information / theat o grams etc..

 

DCA refuses on grounds of gift ?

 

Surely this is criminal and obtaining by deception / unjust enrichment / using a false instrument TA 1968 various ?

 

Has this ever been argued ?

 

Its friday afternoon and musing...

 

N

[theoldrouge]

If you know it's your debt, you should send CCA request at the earliest opportunity

[dx100uk]

Maybe this should be a side topic...

 

Scenario

 

DCA claims x for y debt.

 

Person coughs up and pays.

 

Person then after a period of time says hang on prove it.

 

DCA cannot prove it.

 

Person the asks for money paid to DCA back - on basis of the information / theat o grams etc..

 

DCA refuses on grounds of gift ?

 

Surely this is criminal and obtaining by deception / unjust enrichment / using a false instrument TA 1968 various ?

 

Has this ever been argued ?

 

Its friday afternoon and musing...

 

N

 

 

75% of dca money is never owed in the first place

 

 

dx

[renegadeimp]

Maybe this should be a side topic...

 

Scenario

 

DCA claims x for y debt.

 

Person coughs up and pays.

 

Person then after a period of time says hang on prove it.

 

DCA cannot prove it.

 

Person the asks for money paid to DCA back - on basis of the information / theat o grams etc..

 

DCA refuses on grounds of gift ?

 

Surely this is criminal and obtaining by deception / unjust enrichment / using a false instrument TA 1968 various ?

 

Has this ever been argued ?

 

Its friday afternoon and musing...

 

N

 

It could be argued, but youd need a lot of money and a good lawyer, as it would need to go to the high court, possibly have a change in law, and become case law if you win.

[tigerpete]

If you know it's your debt, you should send CCA request at the earliest opportunity

 

That's the point I have CCA'd them and that's the reply I got , originally all I got was a letter saying they had acquired the debt as Equidebt had gone bust, it was only when they started asking me what debt it was? and clutching at straws I got suspicious.

 

Do you think they would be able to provide the CCA I signed though? , it is 18 years ago , and the bank no longer exists and the debt has been passed to a number of DCA's before Equidebt and Cabot?

 

Correct me if I'm wrong, but is it only 5-6 years an original credit agreement has to kept of file anyway? and as Cabot say they haven't got my CCA on file , they should have, and therefore are acting illegally ?

 

Thanks for your great advice it is very much appreciated

[renegadeimp]

They wont be able to otherwise they already would have. 99.9% of the time, cabot never have the paperwork anyway. Thats why they said they want 40 days. They know very very well they have 12+2

[dx100uk]

unlawful not illegal

 

 

dx

[tigerpete]

Thanks for this, should I report them to the ombudsman service for acting unlawfully ? and is it just a case of waiting for them to contact me or is there anything else I can do? ,other than stop payments which I have done

[dx100uk]

we wish there was

equidebt [went bust years ago] were just another dca

 

 

its very typical for dca's to sell the accounts of people that are accepting being cash cowed on and on

 

 

here you have some, this mug is coughing nicely.

 

 

IMHO they should be jailed.

 

 

dx