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Cabot Cca Request


hayley
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Hi all

 

I sent a CCA request to Cabot on 23 February 2007 I had no response so sent another letter after the 30 days dated April 10th. I have now received a letter off them dated April 17th (see below) if anyone could give me any advice I would be grateful. Many thanks

 

We can confirm that a copy of the credit agreement relating to this account has been requested from the Bank of Scotland but we are not able to send this to you in 12 days.

 

Cabot Financial (Europe) Limited/Kings Hill (No.1) Limited are the legal owners of the account but we are not in possession of original application forms and therefore any requests for copies are forwarded to the originator. We did stress the urgency of our request to the Bank of Scotland but we are still waiting to receive the agreement.

 

Please be assured that the document does exists and as soon as it is received in this office a copy will be forwarded to you.

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Yeah right.

They don't have toffee.

 

Well good news for you, they are now in criminal non-complianvce of the CCA and you can happily stop any payments to them.

 

Now it's up to you.

You can either ignore them or send them this:

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.

 

and follow it up with TS as and when they write back.

Be VERY careful whose advice you listen too

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Hi Hayley, it might have been better if you had not reminded them...but what is done is done. Just sit and wait for them to come up with something. The BoS 'agreement' I was sent (by Lowells) was an application form, which incidently had been tampred with prior to photcopying to hide a section. If you get an application form...its not an agreement. So wait and see what you get, if anything before worrying too much.

Incidently they say they are not able to supply it in 12 days....BUT...they are legally required to....AND your original request was 23rd Feb!! Did you send the CCA recorded delivery, and did they acknowledge receipt of it? Whether or not they produce an agreement at some time to suit themselves, you can still report them to Trading Standards, and I think Office of Fair Trading.

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Yeah right.

They don't have toffee.

 

Well good news for you, they are now in criminal non-complianvce of the CCA and you can happily stop any payments to them.

 

Now it's up to you.

You can either ignore them or send them this:

 

and follow it up with TS as and when they write back.

 

Thanks, actually this is the letter i sent and thats the letter i had back, maybe i should sit back and wait to see what they come up with. Thanks again.

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Hi Hayley, it might have been better if you had not reminded them...but what is done is done. Just sit and wait for them to come up with something. The BoS 'agreement' I was sent (by Lowells) was an application form, which incidently had been tampred with prior to photcopying to hide a section. If you get an application form...its not an agreement. So wait and see what you get, if anything before worrying too much.

Incidently they say they are not able to supply it in 12 days....BUT...they are legally required to....AND your original request was 23rd Feb!! Did you send the CCA recorded delivery, and did they acknowledge receipt of it? Whether or not they produce an agreement at some time to suit themselves, you can still report them to Trading Standards, and I think Office of Fair Trading.

 

 

Yes i did send all the letters recorded delivery and according to Royal Mails website they have all been succesfully delivered. Have you any idea how i go about reporting them as i have another 5 companies who have failed to suppy. Cheers.

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I've just had a similarly worded letter from Cabot too. Seems very backpeddling to me!

Egg/CapQuest 2 - CCA sent 12/04/07 ****RESULT****

Barclays Bank/Lowell 1 - CCA sent 12/04/07 ****RESULT****

 

Halifax/CapQuest 1 - CCA sent 12/04/07 SD issued ****WON with COSTS****

 

Barclaycard/Cabot - CCA Sent 12/04/07 Unenforcable Application Form

Smile/Lowell 2 - CCA sent 12/04/07 Unenforcable Application Form

NatWest/Fredrickson International - CCA sent 12/04/07 No Reply

 

Halifax/1st Credit - CCA sent 17/04/07 No CA but Threats from 1st Credit & Connaught! - Still Nothing but still chasing!

 

Student Loans Company/CapQuest 3 - CCA sent 11/06/08 - No Reply.

Lowell 3 - Ignored them went over their heads to Capital One

 

Halifax - S.A.R - sent 17/04/07 Completely incomplete!

Halifax 2 - S.A.R - sent 11/06/08 - Scant Info

Capital One - S.A.R - sent 11/06/08 - Scant Info

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Hayley, if you have proof of when they rec'd your original request...well they should have responded by sending the agreement or admitting they don't have one within the time limit.

 

I'm not fully up to speed on the reporting DCAs part yet..I haven't got that far yet, but a very useful thread to read is Kennyparkroad vs Lowells...WON. (Kenny sorry I keep plugging your thread, but I'm sure you don't mind :D )

 

Just make sure you keep all correspondence as evidence.

 

Good luck and keep us informed.

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