Gettingthere v Cabot - Advice please

[gettingthere]

I have a debt that has been assigned to Cabot.

 

I sent them a CCA request and received a letter within the 12 working days that they had contacted the original creditor to investigate my query and whilst they anticipated a reply within 21 days it could take up to 8 - 10 weeks.

 

I then received a further letter still within the 12 days offering me a 50% discount if I paid within 14 days.

 

I did not reply to either of these letters.

 

The 12 working days expired and then the additional 30 days expired.

 

I then sent them a letter telling them that the deadlines had passed and that they had entered into a default situation and that the debt was unenforceable without the original credit agreement and that in addition they had committed an offence.

 

It is now 70 days since they received the CCA request.

 

I have received the following letter from them today and would like a bit of advise as to what my response should be.

 

[tomterm8]

Hi, there! I can't read your letter!

 

But i guess it says that they don't need to send you the credit agreement, cause they only got assigned the rights and not the obligations of the original creditor.

 

But they'll be kind enough to pass the information on to the creditor, just cause they're nice fellows.

 

And it MAY reference a section of the Law of Property act...

 

And it COULD be that they are talking complete c*ap

[gettingthere]

You're spot on Tomterm, that is exactly the gist of the letter- Sorry you can't read letter it's quite clear on my screen.

 

They end the letter by saying "Finally we would advise that you are misconceived and misadvised when suggesting that non-compliance with your request would be a criminal offence; the agreement would merely be unenforceable".

 

I actually have never mentioned the word criminal in my correspondence. I said that they commited an offence after the additional 30 days.

 

It justs look like a bog standard letter they are sending out to anyone who dares ask for a CCA and then queries why they haven't produced it.

 

Do I need to respond or just ignore it?

[tomterm8]

Which section did Crapbot reference?

[tomterm8]

Dear Mr X,

 

With reference to your letter dated XXX.

 

Please clarify under what title you claim ownership of this debt for the purposes of the Consumer Credit Act 1974.

 

I am admitedly confused, since the section of the Law of Property Act 1925 you referenced was repealed in 1997 ( S. 25 repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch.4 (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2 ) and did not relate to equitable assignments of things in action in any case.

 

Further, it is clear from the content of section 189(1) of the consumer credit act 1974 that, as your interest in this alleged account is the result of an equitable assignment by your own admission, you are neither the creditor or owner of this alleged debt, and therefore i would question the jurisdiction of the courts in any legal action you might bring.

 

As a member of the Consumer Action Group, i am aware of the current string of law suits you are engaged in that deal with this issue. You may feel assured that i will contest any law suit you might bring against me.

 

Yours Sincerly,

 

XXX."

[tomterm8]

Or you could just ignore them, if you want, until they bring a legal action.

[Seahorse]

I do like the fact that they are now adding the agreement would merely be unenforceable.

 

I wish they would say that to me. Just so I could write back to say to them...

 

What the feck are you chasing me for, then? Away and pester somebody who gives a sh1t.

 

But that's just because I'm childish and immature.

[gettingthere]

Which section did Crapbot reference?

 

Section 25 of The Law of Property Act.

[tomterm8]

Hm, what, you mean the section that was repealed in 1997? idjits. Idjits, I say.

 

S. 25 repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch.4 (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2

 

I've amended the letter.

[gettingthere]

Thanks Tomterm - thats great - again thanks very much.

[gettingthere]

Letter as above sent to cabot today - will update when I hear anything.

[Brassed off]

Subscribing......

 

Here's mine

 

Give up - can't post thread!

 

It's "Me v Cabot Financial"

 

Regards

 

BO

[tomterm8]

Brassed off, I think you mean this thread: http://www.consumeractiongroup.co.uk/forum/cabot/95565-me-cabot-financial-2.html#post1000125

[Brassed off]

TT -PMd you - sorry to hijack GT!!

 

Regards

 

BO

[lufc]

all cabots read this Kings Hill - Final charging order(2

[gettingthere]

I heard nothing from cabot for months, then a letter saying that the original creditor was unable to locate the agreement etc etc.

 

Now I have had a letter saying that they have now found the 'agreement' and telling me that the debt is now enforceable etc etc.

 

The 'agreement' they have sent me is an application form which is totally illegible and not only that the application form they have sent me is actually dated after I first used this card!

 

I haven't a clue what is going on at Cabot but there is something not quite right about all this.

 

I sent them a letter outlining the faults with their 'agreement' but if they take me to court with this one there will be some very embarassed people.