Geezer V Cabot

[geezerbutler]

Hi,

I spent a bit of time looking through this site and found a wealth of info. Armed with this I approached Cabot about an alleged debt they are trying to collect.

Anyway, I sent off the CCA letter with the £1.00 PO to get things moving. They have been dragging their heels about supplying me with info on the account (I didn't know then that there are ways to get things moving so quickly - I've been battling them for 18 months)

2 days later - I get a reply from Cabot, returning my PO and saying they are not obligated to supply the info, but are sure they will be able to in due course.

Another couple of days and the 12 days will be up.

Are they just bluffing?

Cheers.

[Sapphire]

Re: Geezer V Cabot

Yep their doing their usual bluff, bluff, bluff. Carry on as planned, I will pop along sometime later and advise further if you get stuck.

Oh and welcome to the site.

[Curlyben]

Re: Geezer V Cabot

This is their normal Bovine Excrement I'm afraid.
Basically it means we don't/can't get your agreement, but we'll continue to demand payment for this unsubstantiated debt..

[geezerbutler]

Re: Geezer V Cabot

Hi,

Well Cabot finally got back to me.. about 18 months since my last letter to them.

Cabot are still not able to provide me with the original agreement etc, They say they are still waiting for the original lender to provide the details. 18 months since my CCA letter.

Anyway, they have also included a typed up sheet (which they refer to as my account statement) which shows I made a £1000 payment in Sept 2007 (which I did under duress, under threat of court action - if I had known then...)

They state this is proof enough the debt exists and I have acknowledged this as such.

Is this correct? Can they do this?

cheers,
geezer..

[Curlyben]

Re: Geezer V Cabot

Showing that the debt exists and is enforceable are two completely different things.

Without the actual agreement they are rather stuffed.
So all in all, file under I and get on with your life

[shamen]

Re: Geezer V Cabot

Threat-o-matic.

If you have requested the CCA and they have not provided it, they are in default and you are not obligated to pay them a penny until they do. Look in curlybens dealing with DCA thread for the letters to send them.

While paying an amount to the debt in 2007 means you acknowledged it, this just restarts the limitations act 6 year period from 2007. If you requested the CCA under s77/78/79 and they are not providing one, put them under notice they are in default and until they provide the CCA and substantiate their claims, that you are not obliged to pay them a penny. They cant take you to court without a signed CCA. Id also advise ensuring you dont speak to them on the phone. a polite 'please write to me only *hangup*' when they inevitably keep calling.

[Curlyben]

Re: Geezer V Cabot

TBH, there's NO response to send them.
Why poke the idiots when you don't need to

They are well aware of their lawful obligations, so sit back and wait for them to make real demands, ie court threats.

[shamen]

Re: Geezer V Cabot

lol true enough. I just prefer to make it look like I have been trying to resolve things incase it ever does get to court, I have a paper trail a mile long

[geezerbutler]

Re: Geezer V Cabot

Thanks for the quick feedback.

So, unfortunately I have reset the clock and they have another 3 yrs to attempt to get this collected?

Will I be able to get my £1000 back at some point I wonder..

cheers,
geezer..

[shamen]

Re: Geezer V Cabot

Yes you have reset the limitations clock, you actually do that every time you acknowledge a debt. If they call you up and talk to you about the debt without you categorically denying it is yours, or offering payment or even saying 'i cant pay' then the clock restarts again as you have acknowledged it..

Getting the 1000 back? unlikely. Id imagine you would have to go to court, prove to the court the debt is not yours and that you paid the 1000 under duress and threat. CB is your best man for this question I think.

[Curlyben]

Re: Geezer V Cabot

Honestly getting the cash back, I have more chance of becoming Pope AND winning Miss World in the same week.

Write it off to experience.

[shamen]

Re: Geezer V Cabot

Well you have my vote for miss world

[jaydp]

Re: Geezer V Cabot

Hi everyone, when I am inundated with calls, most of the time they ring with a 0845 or a similar number to that. I have stopped answering their calls as if I do then they will aknowledge that the debt is mine!!! Regardless of if it is not! I have been with MBNA for 6 years now and still owe a debt of 453 when my borrowing amount is only 200. Their customer service has been rude and unprofessional. I had a limit of 2500 and spent it and also paid this back within a month, they called me and rudely asked where i got this money from? They gave me the money, its my money to spent and they got it back so i dont know what their problem was apart from not making any money!! Hence why they then reduced my credit limit to 200 without notifying me. So I took the 200 out the caspoint and have never contacted then since or repayed them! After looking at this website I have now placed a PPI claim with MBNA and am still awaiting a response. Has anyone any idea's if this will work and they will clear my debt????????? I do owe the 200 pounds and I have every intention to repay this.

[geezerbutler]

Re: Geezer V Cabot

Hi Folks,

It's been a while and Cabot have decided to have another go. Just got a letter stating they have now fulfilled their obligation to supply the information I requested so are now pressing ahead with collection and warn me that the next step may be to obtain a CCJ as they can now enforce the credit agreement.

The credit agreement they have sent me says it is a "reconstituted true copy of credit agreement"

This looks like a photocopied copy of "an" agreement with my name put in (I noticed in the document my name appears twice in different formats, once with my middle initial and once without)

But there is no signature or date on this "copy"

Any advice on what to do next - they say I have 14 days to respond with a view to settling the account.

Cheers,
geezer..

[teaboy2]

Re: Geezer V Cabot

Any terms and conditions sent with that agreement?

Also do they own the debt, and did you ever receive a Default Notice from the original creditor?