CABOT - All help apprieciated

[scouser9]

Hi all,

 

Just to ask as I am not very good at writing letters and as i have said before, i wrote my last letters with the very needed help of seahorse and tbern. Can anyone suggest as to what i write in answer to this last letter that i have posted. Post 58 in this thread

 

I apprieciate any help and all help thats given.

 

These people are really getting me down they did not answer my cca in the time scale that is reconised by all cager's

 

Any help please

 

regards

 

mikiey

[tbern123]

I think a swift and sharp letter to the OC is required here. If Cabot are trying to pass the buck back to them, do you not think it wise for us (as good upstanding litigants) to inform the OC of this. After all it could be bringing the OC into disrepute, especially when we ask the court to pull them (the OC) in to explain why either the OC or Cabot are misleading us.

 

I think I will go and write a letter to each of the OCs with my Cabot action and just enlighten them to the fact that the OC still actually owns the duties. Might just copy Cabot/Hodsons on it too.

 

The quote I have in the defence for my claim is

 

"It is not admitted that the assignee was or is the creditor under any agreement with the Claimants. Section 189(1) of the 1974 Act provides that unless the context otherwise requires, '"creditor' means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law".

No credit has been under any agreement between the assignee and the

Claimants, or either of them, and, although the rights of the creditor under

each of the accounts referred to above have been assigned to the assignee, the duties of the creditor have not passed to the assignee by assignment, by operation of law, or at all."

 

So it can only be the OC that still has the rights. I guess a little letter containing this is about to be faxed.

 

This is exactly what I am going to do this weekend. I will ask for HSBC comments in relation to the fact that Cabot have indicated in their defence that it was actually HSBC that breached the DPA no Cabot (UK)

[tbern123]

Hi all,

 

Just to ask as I am not very good at writing letters and as i have said before, i wrote my last letters with the very needed help of seahorse and tbern. Can anyone suggest as to what i write in answer to this last letter that i have posted. Post 58 in this thread

 

I apprieciate any help and all help thats given.

 

These people are really getting me down they did not answer my cca in the time scale that is reconised by all cager's

 

Any help please

 

regards

 

mikiey

 

Hello, there reallt isn't a need for you to respond at the moment because the ball is now in their court. If they don't produce an agreement they are well and truely stuffed.

 

I can help you with a response, but what is it you want to say to them

[IIIUMINATI]

enforceability of agreements and sets out the powers a court has to

enforce a regulated agreement. In cases where certain requirements of

the Act, relating to the form and content of an agreement, have not been

followed by the lender, the Court has discretion to consider whether to

make an agreement enforceable. However, in certain instances, the Court

is precluded from making an enforcement order if the agreement is not

properly executed – because, for example, the documents were not in a

certain prescribed form or signed.

If the lender cannot produce the agreement ??

[scouser9]

Hi Tbern,

 

I just want to answer their letter that they have sent me,as i have posted.

I qwould like to answer with the correct format and answer everyone of their points mentioned in their letter to me.

 

I would be very grateful of any help writing a letter back to them, i struggle with letter writing to able to sound like i know what I am on about.

 

Thanks in advance

 

mikey

[Seahorse]

Oh, b*gger. TBern has beaten me to it.

 

But it is basically what they sent me, oooh, eons ago.

 

I WAS tempted to use mine for "ahem" cleansing purposes, and send it back to them, with a note to the effect that I'd added some extra sh1te for them to add to their templates.

 

But that would, of course, have been very, very childish and immature.

 

But very, very satisfying.

[babble]

I apologise for entering someone else's thread but I have 3 cabot cases. Two which they are handling themselves and one through a dca. In the two that they are handling I sent off the cca request and have received letters back as such:

Dear babble

Balance Outstanding £318.35

Thank you for your recent payment.

We would advise that interest, where applicable, will conyinue to accrue on your account until we have a payment plan agreed.

 

call us etc etc

 

I under no circumstances agred to the debt and it was plainly clear that the £1 was the statutory fee.

Is this not theft?

Is it not illegal to add interest to the debt if it is in dispute?

 

The question is, should I inform them of the matter or just let it get to default and then breach before shooting them down?

[kennyparkroad]

babble

 

please start your own thread and then feel free to PM me the link so i can help you better.

 

this helps avoid confusion in threads.

 

Thanks

 

Kenny

[linz2011]

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