Cabot cca - letter from them saying missed payment

[Notty]

Hi All

 

I have taken Monument to court for a refund of charges and removal of default but it all takes so long now in the court system the time scales mean nothing! Monument sold my debt to Cabot and I have been paying them for a couple of years now. I did the cca in January and never heard a word from them. I know it was delivered to them. I havent done anything since then as I was hoping Monument would remove the default! I had a letter today from Cabot saying I hadnt paid for a couple of months and they want payment. As they are out of time with the cca should I write and tell them this and also should I tell them to remove the default that Kingshill (no1) keep putting on my cra. Any ideas? Are there any letters anywhere that I could send about the cca and default?

[pmhcfc]

Hi All

 

I have taken Monument to court for a refund of charges and removal of default but it all takes so long now in the court system the time scales mean nothing! Monument sold my debt to Cabot and I have been paying them for a couple of years now. I did the cca in January and never heard a word from them. I know it was delivered to them. I havent done anything since then as I was hoping Monument would remove the default! I had a letter today from Cabot saying I hadnt paid for a couple of months and they want payment. As they are out of time with the cca should I write and tell them this and also should I tell them to remove the default that Kingshill (no1) keep putting on my cra. Any ideas? Are there any letters anywhere that I could send about the cca and default?

 

You could try this- or a version of:

 

I refer to my letters dated XXXXXXXX which was delivered via recorded delivery to your offices on XXXXXXXX, and my follow up letter dated XXXXXXXX.

 

In my letter xxxxxxI made a formal request for a copy of the signed, executed credit agreement for the above numbered XXXXXXXX account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

 

(b) If the default continues for one month he commits an offence.

 

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

 

Failure to respond favourably to this letter within seven (7) days of receipt will result in immediate litigation being commenced against your company without further notice.

 

I await your rapid response.

 

Yours Faithfully

 

 

[Notty]

Thanks so much for that pmhcfc -just what I was looking for! Do you think I should mention the default is being added to my credit file by kingshill (No1) ?

[pmhcfc]

Thanks so much for that pmhcfc -just what I was looking for! Do you think I should mention the default is being added to my credit file by kingshill (No1) ?

 

yeah, just adapt letter as and how you need to

[Notty]

Hi All

 

Well I sent the letter and got the following reply. Can someone tell me what it means? Its months ago since I sent them the cca request?

 

Dear Notty

 

Further to your letter dated 4th April 2007.

 

Cabot Financial (UK) Ltd, formerly Kings Hill (No 1) Ltd, which is part of the Cabot Financial group of companies, purchased your account from Monument and therefore Cabot Financial (UK) Ltd is the legal owner.

 

The rights but not the duties were assigned to Cabot Financial in dealing with your account and therefore we are legally entitled to collect.

 

We will assist you in providing a copy of the agreement and statement of account but please note that we are not obliged to, as we are not the creditor.

 

Finally, we refute your suggestion that non-compliance with your request would be a criminal offence; the agreement would mrerely be unenforceable.

 

For your information, we have included a statement of your account since Cabot's ownership but any request for information prior to the sale of the account will need to be directed to Monument.

 

Yours sincerely

 

Can anyone advise what I should do next?

[tbern123]

 

Cabot Financial (UK) Ltd, formerly Kings Hill (No 1) Ltd, which is part of the Cabot Financial group of companies, purchased your account from Monument and therefore Cabot Financial (UK) Ltd is the legal owner.

 

Hmmm, purchased your account

 

The rights but not the duties were assigned to Cabot Financial in dealing with your account and therefore we are legally entitled to collect

 

We will assist you in providing a copy of the agreement and statement of account but please note that we are not obliged to, as we are not the creditor.

 

rights but not duties... Not what your Solicitors have told DM... they should really make their minds up

 

Finally, we refute your suggestion that non-compliance with your request would be a criminal offence; the agreement would mrerely be unenforceable.

 

lol, you need to go back and read the act.. "commits an offence"

 

For your information, we have included a statement of your account since Cabot's ownership but any request for information prior to the sale of the account will need to be directed to Monument.

 

Yours sincerely

 

Can anyone advise what I should do next?

 

Different from the letters, I have been sent..

 

No offence Cabot, but what a load of contradictory rubbish

[Notty]

Hi Tbern

 

Do you think I should reply to their letter. Its the default I am trying to get removed but again they havent mentioned it.

[Donel261]

I can smell the excrement of a bull ((again)).... seems to happen everytime I read a letter from Cabot. What a pile of tripe!!

[Donel261]

P.S. Notty, they are not going to remove the default, read our threads to see just how bad this company are, they will issue a whole heap of nonsense letters, never admit they are wrong and bury their heads in the sand.

 

We will get them though!!

[Notty]

Thanks for the reply Donel. The last letter I sent to them I told them I would start proceedings within 7 days do you think I should. I have also issued proceedings against Monument for refund of charges and removal of default. Not sure what to do next? Do you think there is any chance of getting Monument to remove it even though it is Kingshill No 1 who keep updating the CRA?

[Donel261]

Not sure mate, I am in the exact same situation as you. I have told Cabot they can sing for the money, I am focusing on obtaining my charges back from Barclaycard first and then I will turn my attentions to Cabot. Some of the other members here are more experienced in the in's and out's of the law, especially Tbern, Seahorse, Debt Mountain & Rhia (sorry if I missed anyone out) I am sure they can advise you further.

 

Good luck!!

[tbern123]

P.S. Notty, they are not going to remove the default, read our threads to see just how bad this company are, they will issue a whole heap of nonsense letters, never admit they are wrong and bury their heads in the sand.

 

We will get them though!!

 

They removed mine

[tbern123]

Hi Tbern

 

Do you think I should reply to their letter. Its the default I am trying to get removed but again they havent mentioned it.

 

I would wait the ball is in their court now. Wait until they provide you with a copy of the agreement... Who knows, Mounument, might not have signed it

[Donel261]

WW is insistent mine is not being removed bugger!!

[Notty]

Not sure what that means tbern? If I wait for them to supply the agreement then couldnt this just go on for ever? I have managed to get Cap One to remove the default and got a refund of charges. Also Thames Credit removed a default. I used Surly Bonds letter for that as the debt was older and paid off. Monument I am sure will refund the charges eventually, probably have to go to court but I had to do that with Abbey. They were a nightmare. Just at a loss though with Cabot. I am desperate to get a mortgage and its only this lot standing in my way as Kingshill N01 have defaulted me. Any help would be much appreciated.

[tbern123]

Sorry, I just reread your thread and read that you CCA'ed them back in January.

 

Did you send it to Cabot or to Monument ?

 

They won't take off the default without a fight, if they can't prove that a debt exists, they can't prove you have defaulted.

 

You might have to take them to court to get it removed.

[Notty]

Hi tbern

 

It was Cabot I sent the cca to in January and they never replied. They then sent a letter asking why I hadnt paid my £1 (have paid them money) and I then sent them jonni2bad letter the bit below is the bit I'm concerned about.

 

(Any default notices or adverse comments Kingshill (No 1) have recorded on my credit reference file should be immediately removed.

Failure to respond favourably to this letter within seven (7) days of receipt will result in immediate litigation being commenced against your company without further notice.)

 

They replied with the one I have posted on the above thread. So they are basically saying they have purchased my debt but dont have to do anything and they will try and get the agreement from Monument! As you say I think I will have to take them to court but not sure if I should wait and see if Monument will remove the default as part of my claim (although it is being added by Kingshill) or should I go after Cabot in the courts? If I did would it be the usual route, N1 claim form? Thanks for your help tbern.

[Seahorse]

Notty, this is very interesting. Cabot are now aware that they are being scrutinised about the £1 statutory fee they have been accepting. Basically, as they consider they are not obliged to supply an agreement under the provisions of the CCA, they are not entitled to the fee. Since I challenged them on this, they have sent me a refund, and are starting to return folks' cheques.

 

A minor victory, but it's a start.

 

I would love to see a copy of their letter that you mention. Cabot have tried to convince me that they processed my fee "in error". Of course they did.