Cabot CCA response

**Curlyben** · 30th April 2009, 17:16:PM

Re: Cabot CCA response

Until they comply you have NOTHING further to say to them.
They will make all kinds of threats and demands, but you can file these under Ignore.

**Redletter** · 30th April 2009, 17:37:PM

Re: Cabot CCA response

Thanks Curlyben.
I note also that the alleged amount owing is only £30 less than the original debt despite having paid a total of £55 so they obviously assume they can charge interest.

In the unlikely event they come up with a legitimate agreement, what part of statute applies to interest?
I am informed they cannot charge interest on a balance less than £5000?

Thanks

**Curlyben** · 30th April 2009, 17:52:PM

Re: Cabot CCA response

Don't run until you can walk.
Just wait for their compliance and we'll go from there.

They cannot make any charges, or any kind, unless there is a clear contractual provision for it.
The value has nowt to do with it.

**Redletter** · 30th April 2009, 18:06:PM

Re: Cabot CCA response

Ok thanks.
I will keep you informed of any developments.

**Redletter** · 14th May 2009, 17:39:PM

Re: Cabot CCA response

Hi Curlyben hope you are well,

Please could you advise on the following letter from Cabot. The original CCA request went out on the 27th April, their response (as per #1 above) was instant, written on the 28th and received by me on the 29th. By my reckoning the 12+2 expires tomorrow?

Anyway, they have acknowledged that my request was under section 77/78 of the CCA 1974 despite their failure to comply with the requirements of the act and failing to supply the requested documents within the prescribed time.

Their 'goodwill' gesture is a joke considering that they are not legally entitled to request payment!

Should I just fire out a standard non compliance letter or should I make reference to the points in their letter(s) and their actual obligations???

Dear XXXXXXXX

Your request

We write further to your request for information under sections 77 and/or 78 of the Consumer Credit Act 1974.

Although Cabot has requested the information, the original lender is experiencing a delay in retrieving the information from its archives.

We shall send the information to you as soon as we receive it.

The status of your account

We will as a gesture of goodwill put your account on hold until we receive further communication from the original lender.

Contacting Cabot

If you have any queries about your account or any payment options, call one of our helpful customer advisors on 01732 524615 (Minicom: 01732 524630).

Yours Sincerely,

Customer Relations Department.
__________________________________________

Thanks CB,
Redletter.

**Curlyben** · 14th May 2009, 17:42:PM

Re: Cabot CCA response

Nowt to say to them at all.
File it under I, or nail it to the back of the loo door for later use

Until they comply they CANNOT do anything !!
Must admit this is a slight change of tack for Cabot, being all plesant and stuff.
Bet it doesn't last..

**Redletter** · 14th May 2009, 17:56:PM

Re: Cabot CCA response

Hi CB thanks for the amazingly quick response!
File under I? IGNORE i guess?lol

Yeah I thought that too even the last letter didn't make any reference to payment.
Maybe they think they are somehow complying with the rewuirement not to chase the disputed debt despite the fact they have failed to comply anyway by not providing the agreement!

So I do not need to send non compliance letter unless they make further requests then?
Ok sounds good to me at least they arent demanding that I still pay them whilst its ongoing!

Thanks again, have a good evening.

**Curlyben** · 14th May 2009, 17:59:PM

TBH there's little to be gained in reminding a DCA of their obligations under CCA.
The only time a response would be warranted is when they say something concrete with a specific deadline, not simply "respond in 7 days" but an actual date..

Even empty threats of court action can be ignored, especially if they don't give a realistic date for response

**Redletter** · 14th May 2009, 18:26:PM

Re: Cabot CCA response

Thank you I will just forget about it for the time being then.

**Redletter** · 14th May 2009, 19:42:PM

Re: Cabot CCA response

Curlyben if yr still here I have been advised by someone on another site that I SHOULD send a response as follows;

Im confused as to what advice to follow I have the utmost respect for ALL who are trying to help.
Could you comment please????

Thanks in advance
------------------------------- merged -------------------------------

14 May 2009

Cabot Financial (Europe) Limited,
PO Box No. 241,
West Malling,
Kent,
ME19 4NA.

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

Re: Your reference XXXXXXXXXX

Dear Sir/Madam,

You have failed to satisfy my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On the 27th April 2009 I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79). I have a legal right to request this information on payment of the statutory fee of £1. This fee was enclosed with my initial request.

On 28th April 2009 a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

Despite your acknowledgement that this request was pursuant to section 77 and/or section 78 of the Consumer Credit Act 1974, you have failed to comply with these requests in any way. I note that in your initial response you claim that you are not obliged to provide the information requested.
However, I must remind you that, if it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

In my letter of the 27th April 2009, I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore
you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.

This limit has expired.

As you are no doubt aware section 77(4) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled, while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested;
Consequentially any legal action you pursue will be seen as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 21 days I expect that this means you agree to remove all such data.
Furthermore despite your ‘goodwill’ gesture, you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer payment
*You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
*You may not register any information in respect of the account with any credit reference agency.
*You may not issue a default notice related to the account.

I will be reporting your total disregard for the Consumer Credit law to any such regulatory authorities as I see fit.

Yours Sincerely,

XXXXXXXXXXXXXXXXXXXX

**Curlyben** · 14th May 2009, 20:05:PM

Re: Cabot CCA response

At the end of the day it's your choice, but please read my signature line, the last part

That is my personal score, all individual DCA's NO repeats !!!

Yes, I recognise that letter well.
Have a look for my posts on that site, as this advice was only really applicable when the old 12 + Month was in effect.
Now things have changed and so has the advise.
They can still enforce the agreement even if they produce outside of the 12 working days, so wait and see.

**Redletter** · 14th May 2009, 20:28:PM

Re: Cabot CCA response

Well done you!
Thanks I will take your advice and wait - after all patience is a virtue!

**Curlyben** · 14th May 2009, 20:30:PM

Re: Cabot CCA response

You know the worst thing about that score, it's for a mere EIGHT accounts all with charges etc !!!
There's a couple of utter stupidities in there as well, but they just get ignored.

I guess they like to pass me around.
Bin one and a few months later more pond scum floats to the surface

**Redletter** · 15th May 2009, 11:36:AM

Re: Cabot CCA response

I just hope the old boys club dont get together and decide to change the law in favour of these scumbags! It annoys me how the OC's will sell debts to the DCA's for peanuts but will not consider such low offers from the debtor in the first place.
If the lenders took a more constructive and helpful approach when their customers encounter difficulties these parasites would not be able to feed off other peoples misfortune and misery!

Cabot CCA response