Cabot and Barclaycard debt

[Candice]

I too am having terrible trouble getting Cabot to give me a statement. In their last letter to me they said it was my sole responsiblity to prove payments made.

 

In the legal blurb asking for a copy of the credit agreement etc, it does say "your obligation also extends to providing a statement of account"

What does this mean exactly? Does it mean they have to provide a statement of payments etc or some other kind of statement?

 

Cheers,

[Seminole]

Cabot are under a legal obligation to provide a statement of account but I can't quote the Act. I am not sure if this is the same section of the Consumer Credit Act as the one requiring a copy agreement. However, the DPA can be used to get this information.

 

In addition, if you have correspondence from them after a general (ie non DPA) request from you for a statement, then I would send copies of your letter(s) and their response(s) to your local Trading Standards immediately.

[Candice]

Forgive my ignorance please, but the text makes reference to the Consumer Credit Act 1974. According to OPSI (formerly HMSO) the it's now the Consumer Credit Act 2006?

 

http://www.opsi.gov.uk/acts/acts2006/20060014.htm

 

TBH, I don't quite get this. Is it an amendment or a replacement?

[Seminole]

Thanks for pointing this out. Having consulted my source, this doesn't have any material effect but I am checking whether the section references need to be updated.

[Candice]

Does this mean it's the same beast but has a few more dotted-i's and crossed-t's but enough to give it a new year?

[Seminole]

It hasn't actually come into effect yet so the old referencing can still be used.

[Candice]

I sent a CCA request to Cabot for the same information at 10% of the cost

[andrew1]

For £1? did you get an answer?

[Candice]

Yeah I did the CCA 1974 request for the original credit agreement and a statement of account. I wrote them and within the week I had a reply from the Operations Manager saying my letter was being investigated, and telling me the name of my contact and the date I would receive my full response.

 

Considering the number of standardised responses I get from them, this letter was quite different and had actually been hand signed. I think it may have just worked

 

Will keep you updated as to exactly what I get back (but I don't know if you know much about me, I am pursuing claims against *26* DCA's and they can't all have the original credit agreement ;D)

[andrew1]

26? my god - you have had a colourful life! I'd be quite interested in following your progress because I have had a lot of dealings with DCA's in my business which I don't want to publically announce because I am reasonably well known in the industry, but I have not only done business with them I too have had alot of trouble on the end of their antics through personal misdemenours, some I would gladly put out of business if I could.

[Candice]

Hi folks,

 

That information is very helpful - thanks I'm sent a CCA to Cabot who responded to me with, under their defition of "statement of account", is just a chronological list of all activity on my account, from the date the debt was purchased to the letters and telephone calls they made right up to my CCA request.

 

They make no note of the initial amount of the debt, how much they paid for it, what it currently stands at or anything other information relating to charges applied on it. I feel that there are lots of things missed off my request.

 

Also it advises me that Cabot are chasing the original creditor (Barclaycard) for the original agreement and this process may take 2 to 8 weeks and they "request my patience".

 

So does this means that, 12 days after my CCA request, and the fact they have yet to provide me with all the information including the original agreement, that they have broken the law? I'm unsure as to what to do now, but am happily your pawn if you want to use me to experiment. I'm up for a fight so if you suggest things for me to try out I'm more than willing.

 

Cheers for any advice and suggestions

[Seminole]

Hi folks,

 

That information is very helpful - thanks I'm sent a CCA to Cabot who responded to me with, under their defition of "statement of account", is just a chronological list of all activity on my account, from the date the debt was purchased to the letters and telephone calls they made right up to my CCA request.

 

They make no note of the initial amount of the debt, how much they paid for it, what it currently stands at or anything other information relating to charges applied on it. I feel that there are lots of things missed off my request.

 

Also it advises me that Cabot are chasing the original creditor (Barclaycard) for the original agreement and this process may take 2 to 8 weeks and they "request my patience".

 

So does this means that, 12 days after my CCA request, and the fact they have yet to provide me with all the information including the original agreement, that they have broken the law? I'm unsure as to what to do now, but am happily your pawn if you want to use me to experiment. I'm up for a fight so if you suggest things for me to try out I'm more than willing.

 

Cheers for any advice and suggestions

 

Cabot seem to have a very real problem in providing financial information. A cynic might suggest that this is because once you start paying them they have you and you are going to carry on paying for a very long time no matter what the size of the debt is. An even bigger cynic would say that this financial fog allows them to add interest and all sorts of other charges onto the debt unlawfully and they're making it as difficult as possible to get to the bottom of it.

 

Have you made a DPA request. If not I would do so and make it clear that you want a statement of account as part of this.