cabot and old Barclaycard debt

[karen654321]

Hiya all,

 

After writing to cabot financial for a copy of my credit agreement and sars i have today recieved the following leter and statement.

I cant scan so im just typing direct from letter

 

 

Further to your recent communication regarding the above account.

 

We have enclosed a copy of the notice of assignment from barclaycard to cabot financial (uk) limited. This letters constitutes written notice of the assignment under section 25 of the law of property act and therfore we have no need to provide a copy of the assignment deed itself.

 

Barclaycard assigned their rights to and interest in your account to us on 24th august 2004, subsequently wer are entitled to charge interest at an equivalent rate to that applicable under the orginal credit agreement.

 

We can confirm however that all the time you have a replayment plan in place and we are recieving regular payments, the interest on the account, although accruing , will not be added to the account.

 

we hope this clarifies the matter

 

emma robertson

cusomer relations deparment

cabot financial limited

 

What im actually quering is that i did not ask for a notice of assignment but a copy of the credit agreement.. I did query the amount of interest they added on to the account..

I dont really know how to reply to this letter

any suggestions would be most gratefully recd

 

karen

[djdave]

They haven't sent a credit agreement? Naughty naughty Cabot. Without it the debt is unenforcable, notice of assignment or otherwise.

 

Interesting, the notice they sent me is printed on headed paper which was produced in June 05, a year after Cabot got involved. And strangely, there was no mention of it in the box of paperwork Barclaycard sent me in response to my SAR.

 

Could it be that Cabot are printing their own, in house, on Barclaycard headed paper?

[karen654321]

Thanks for your reply Dave. What do i do now? Im unsure about they way forward and this is all pretty new to me. The sent me a copy of a notice of assignment on barclaycard paper.. But it has no date on...hmmmm. strange.. you would think barclaycard being such a huge organisation would make sure theres dates on letter.

Unless of course it didnt originate from barclaycard at all.

So what would you suggest? Did barclaycard have a copy of the cca? When i spoke to cabot they told me they would never of had the cca just notice of assignment? Is this true do you know?

help

 

karen

[djdave]

It's up to you what you do next, but the golden rule is no CCA = unenforcable debt. Chances are Cabot don't have a copy and are relying on your lack of knowledge of the law.

 

They may try to obtain one from Barclaycard, but don't hold your breath. I've been waiting almost two months.

 

How long ago did you make the request? After 12 working days + a further calendar month Cabot have committed an offence, which you should draw to the attention of Trading Standards.

[karen654321]

Hi Dave, Thanks for reply. Im actually still paying these £5.00 per week but its never going to get cleared because of the interest.. They also stated in the letter they sent me above that interest only gets added if i stop paying.. So i presume im best to wait the rest of the 30 days then if no cca is produced cancel standing order..

I actually sent a cca request of to barclaycard as well.

How do you contact trading standards?

 

thanks

 

karen

[djdave]

You could cancel your payments after the 12wd, but in the highly unlikely event of anything going to court it would reflect well on you if you wait for the additional month - it shows the judge that you were playing ball.

 

To contact TS put your postcode into this page: Trading Standards Central - Trading Standards and Consumer Protection information for the UK