query on response

[peter s]

ok my partner got a letter for court actions with northalerton
I did the usual cpr and cca etc.
received a letter from the company who purchased the debt today
I would like and appreciate some advice please on the best course of action if any to this letter

the letter is dated 28th august 2015

thank you for your request for information under sections 77-79 of the Consumer Credit Act 1974.
which was received on the 14 august 2015

we currently do not have this information on file. however we have requested the relevant details which will include a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender.

WHAT HAPPENS NEXT ?

we acknowledge the 12 day time limit to provide this information before the account becomes unenforceable,
however as we have to request the details from the original lender we anticipate that we will be able to provide this within 40 days of the date we received your request.
in the unlikely event we are unable to obtain this information within those time limits, we will write to you again.

if you have any queries, please contact me on the above telephone number

[nemesis45]

Re: query on response

ok my partner got a letter for court actions with northalerton
I did the usual cpr and cca etc.
received a letter from the company who purchased the debt today
I would like and appreciate some advice please on the best course of action if any to this letter

the letter is dated 28th august 2015

thank you for your request for information under sections 77-79 of the Consumer Credit Act 1974.
which was received on the 14 august 2015

we currently do not have this information on file. however we have requested the relevant details which will include a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender.

WHAT HAPPENS NEXT ?

we acknowledge the 12 day time limit to provide this information before the account becomes unenforceable,
however as we have to request the details from the original lender we anticipate that we will be able to provide this within 40 days of the date we received your request.
in the unlikely event we are unable to obtain this information within those time limits, we will write to you again.

if you have any queries, please contact me on the above telephone number

Letter from Cabot Financial by any chance? The debt is rendered unenforceable after 12 + 2 Working Days expires but the agreement may be found at any time after this and a claim can resume.

nem

[peter s]

Re: query on response

yes from cabot so what should my partner do now then please as regards the court claim etc.

[nemesis45]

Re: query on response

yes from cabot so what should my partner do now then please as regards the court claim etc.

The debt as said is unenforceable until the agreement is provided.
Start to prepare a defence in the meantime.
It would help if you can supply some history of the debt, e.g. what type of account is it, the name of the original creditor, amount claimed,
and what has lead this to this getting as far as a court claim

nem

[peter s]

Re: query on response

The debt as said is unenforceable until the agreement is provided.
Start to prepare a defence in the meantime.
It would help if you can supply some history of the debt, e.g. what type of account is it, the name of the original creditor, amount claimed,
and what has lead this to this getting as far as a court claim

nem

amount claimed is £2173 from a provident loans
she could not afford the repayments due to circumstances and due to medical difficulties and is now on benefits
she was with a debt consolidation thing for various debts but due to difficulties and not been able to afford the repayments she was taken off the consolidation thing and then the companies were wanting more money than she could afford so it has ended up now with a court claim from this particular debt

[nemesis45]

Re: query on response

amount claimed is £2173 from a provident loans
she could not afford the repayments due to circumstances and due to medical difficulties and is now on benefits
she was with a debt consolidation thing for various debts but due to difficulties and not been able to afford the repayments she was taken off the consolidation thing and then the companies were wanting more money than she could afford so it has ended up now with a court claim from this particular debt

Were these " doorstep agent" loans? If so there is a chance that there are no proper agreement and Cabot will have difficulty getting them.
nem

[FlamingParrot]

Re: query on response

ok my partner got a letter for court actions with northalerton
I did the usual cpr and cca etc.
received a letter from the company who purchased the debt today
I would like and appreciate some advice please on the best course of action if any to this letter

the letter is dated 28th august 2015

thank you for your request for information under sections 77-79 of the Consumer Credit Act 1974.
which was received on the 14 august 2015

we currently do not have this information on file. however we have requested the relevant details which will include a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender.

WHAT HAPPENS NEXT ?

we acknowledge the 12 day time limit to provide this information before the account becomes unenforceable,
however as we have to request the details from the original lender we anticipate that we will be able to provide this within 40 days of the date we received your request.
in the unlikely event we are unable to obtain this information within those time limits, we will write to you again.

if you have any queries, please contact me on the above telephone number

That's their standard template response to most CCA requests they receive. Sometimes they just can't get the documents and they have to discontinue the claim, Today was one of those days. :whoo:

In any case I think it's immaterial now as I believe we just scored a resounding victory if the letter in front of me is correct.....as they can't find the paperwork!!!

Letter from Cabot reads.....

Thank you for your request under the Consumer Credit Act 1974. Unfortunately it appears that HSBC are unlikely to be able to provide the requested documentation. Therefore I can confirm we have taken the decision to no longer peruse collection of this account unless this information is obtained in the future. They will continue to report to credit agencies etc etc.....

So, do they now deal with cancelling the court stuff? Do we have to do anything or is that it? I can't quite believe it was that simple and I cannot thank everyone here enough for all your wonderful help and advice. I wouldn't have had a clue what to do otherwise. You're all quite simply amazing!

[peter s]

Re: query on response

Were these " doorstep agent" loans? If so there is a chance that there are no proper agreement and Cabot will have difficulty getting them.
nem

yes it was door step agents