Cabot Help, Wont Give up

[richie0522]

When DCA's ask for id documents I thought that was called fishing and in reality they have nothing on you.

[richie0522]

My letter dated 10th June 2019 asking for a CCA etc they have not replied.

The deadline is 12 days I think?

[Amethyst]

I think your past worrying about that at the moment you want to show them that you are not the right person that they should've been chasing for the last 10 years, and they have the right to check that you are the right person for sending copies of all communications between you and data held about you. If they do comply and send all the information it might give you some ideas as to how the debt has ended up being Attributed to you.

[richie0522]

Can you give some feedback on this type of debt is it pre 2007 does that mean anything to you.

[Amethyst]

My letter dated 10th June 2019 asking for a CCA etc they have not replied.

The deadline is 12 days I think?

Yes it's 12 days +2 working days and then the debt becomes and unenforceable while they remain in default of your request. You can then use that as part of your defence if they issue a claim against you. However if they do you supply the documents further down the line they will be able to enforce it. Of course you have other defence points so be interesting to see what they do.

[richie0522]

So send ID docs and wait for the data.

What should they send me if anything and if do I will post and let you know

[Amethyst]

All data they hold about you

[Musky]

Yes it's 12 days +2 working days and then the debt becomes and unenforceable while they remain in default of your request. You can then use that as part of your defence if they issue a claim against you. However if they do you supply the documents further down the line they will be able to enforce it. Of course you have other defence points so be interesting to see what they do.

Just a question about this.. would you be asking for the CCA from the OC via the DCA or one presumably from the DCA who purchased the debt assuming that they would never have that to send??

[Amethyst]

Yes you ask the DCA who has purchased the debt as under section 187 of the consumer credit act 1974 They are classed as the creditor by assignment. Generally they obtain the original agreement from the original creditor who they purchased the debt off. Sometimes they can sometimes they can't.

[richie0522]

Are you aware that pre-April 2007 agreements cannot be enforced with a reconstituted agreement.

Only a certified true copy of the original in its entirety can be considered, and only if it meets the requirements,

otherwise it still stands as unenforceable.

Is this rubbish or good practice. Just wondering

[Amethyst]

Bit of both - you have a copy of the original in any case xx

[richie0522]

No, I said they sent statements but have been altered.

[Amethyst]

The agreement is a copy of the alleged original not a reconstruction ( I have only seen the one page of it mind ) Really in your case, where it isn't your agreement or debt, compliance with the cca request only becomes relevant if you are unable to evidence that it is not your debt.

[richie0522]

So the above agreement which they sent me (One Page Only) means they have got me, that is all the proof they need to send

[charitynjw]

*I agree with Amethyst on this.
It's not worth arguing the toss, & to try & do so justs 'longs it out'.





(* first time for everything/anything?)