CCA produced after 12 months

[Duffers Mum]

Re: CCA produced after 12 months

Latest update...another letter received today saying i must contact them within 7 days or THEY WILL either instruct an external collection agency to call on me to recovr the debt (they are very welcome...they haven't met my dogs yet ) or instruct a solicitor to start legal action. The outstanding balance they quote must be at least £2,000 over what the actual debt is because they added interest at 12% from day one despite not having complied with a CCA request. I also offered them a F&F of 10% which they turned down, its all I had as i'm unemployed and dont qualify for any benefits..

If this goes to court and I suspect it might now would the court take into account the fact that the CCA wasn't complied with until after £2,000 of interest was added?

Should I ignore them and let this run its course, or should I respond telling them exactly what i've told them before i.e unemployed, no benefits, no income etc?

[Duffers Mum]

Re: CCA produced after 12 months

Anyone?

[gallahad]

Re: CCA produced after 12 months

Hi Dm I hope you get a more helpful and polite response here than you received at the other place.
G

[Duffers Mum]

Re: CCA produced after 12 months

ah the other place has sadly gone down hill over the past year or so which is a shame as they gave me a lot of help in the early days

[Duffers Mum]

Re: CCA produced after 12 months

Received another letter from Cabot today..headed "Important Notice" Plese do not ignore! They go on to say that my account continues to be in default, despite previous correspondence from them blah blah blah...According the outstanding balance is payable immediately. They then go on to say, again, that they will either instruct an external DCA (surely thats what they are themselves :P ) or commence legal action to recover the debt if my account meets their litigation criteria!

So where do I stand, they are requesting the full outstanding balance on the back of a dodgy DN from Sainsburys...is that something I can use to my advantage? Or can that only be done with the original creditor?

I guess now is the time to write back to them, and reiterate i'm unemployed, with a disability and with no income so what do they expect me to do..rob a bank?

If anybody can help with this i'd be very grateful.

Thought it interesting though their sentence about if an account meets their litigation criteria..never seen that before..something new maybe?

[miliitant]

Re: CCA produced after 12 months

afternoon

i take it cabot has been adding interest at 12 %

please confirm

have you got the original t&c from 2002

[Duffers Mum]

Re: CCA produced after 12 months

Oh yes...interest has been added at 12% since day one....i have T&C's but no way of knowing if they are from 2002 or not! Outstanding balance has increased by almost £2K since Cabot bought it

[Duffers Mum]

Re: CCA produced after 12 months

http://i750.photobucket.com/albums/x...rys/Terms1.jpg

http://i750.photobucket.com/albums/x...urys/002-2.jpg

http://i750.photobucket.com/albums/x...urys/003-2.jpg

http://i750.photobucket.com/albums/x...urys/004-1.jpg

http://i750.photobucket.com/albums/x...urys/003-1.jpg

Thats what they have provided...the T&C's have only been provided recently after a shed load of interest had already been added.

[miliitant]

Re: CCA produced after 12 months

give me 20 minutes to go through this lot

regards

what does it say about default charges

returned direct debits etc and cost

all i can see is

we may make a charge

[Duffers Mum]

Re: CCA produced after 12 months

its at the top on the right hand side of the doc in the first link. £20 for each except letter which is £10...think these T&C's are from around the time I opened the account, but there is no date on them so I can't be sure!

thanks

[miliitant]

Re: CCA produced after 12 months

their is no provision for cabot to charge any form of contractual interest as it is not in the original t&c (fraud)

has cabot confirmed if they have an absolute assignment (rights and duties) or just the rights

[Duffers Mum]

Re: CCA produced after 12 months

thank you!

I received a rather dodgy Notice of Assignment purportedly from Sainsburys but arrived in the same envelope as Cabot's introductory "how nice we are" letter! So I guess that means they have bought it!

[miliitant]

Re: CCA produced after 12 months

have you acknowledged the debt with cabot, that is made any payment#

do you still have those dodgy notice of assignments

i can guarantee the assignment is a total waste of space under section 196 of the law of property act 1925

[Duffers Mum]

Re: CCA produced after 12 months

I did make them a F&F..but the letter was headed without prejudice, don't know if that makes any difference? Haven't made any payments as believed they and Sainsburys before them had not complied with my F&F request...will have a look and see if I can find the NOA.. Very much appreciate your advice!

[Duffers Mum]

Re: CCA produced after 12 months

Plus I also have 2 dodgy default notices from Sainsbury's...one allowing 14 days but not any time for postage and the other allowing 5!