Still waiting on cca from cabot

[blade350z]

I sent a CCA request to cabot 15 months ago about a £9000 MBNA debt which i had been paying £80 per month to cabot for a few years.

I stopped paying them 14 months ago after they sent several letters to me saying they were waiting for MBNA to find it, i have heard nothing since....should i send them another letter asking where it is or just leave it alone?

[labman]

Re: Still waiting on cca from cabot

How old was the MBNA debt and what is the brief history of it?

Cabot will sometimes go away with being ignored. Not wanting to alarm you, but they are also prone to issuing Statutory Demands without warning over things like this.

Have they looked at your CRF at all over the 15 months?

[blade350z]

Re: Still waiting on cca from cabot

The debt is about 12 years old and was paying £20 per month until 2 years ago then they wanted more so it went up to £80 per month, I then sent in a CCA 15 months ago and all I have had back is " we have requested the information from MBNA" I have had that same letter about 4 times then nothing.

Can they issue me with an SD without the CA first? if they produce the CA then I will resume payments.

I dont know if they have done anything to my CRF as I have not checked.

Thank you for your help Labman.

P.S am I within my rights to stop payments?

[labman]

Re: Still waiting on cca from cabot

If this is concerning you, why don't you send the following to them. You're not acknowledging the debt any further, but are 'jogging their memory' about the CCA request.

Dear Sir/Madam,

Your Ref: xxxxxxx

This is a formal request under the Consumer Protection From Unfair Trading Regulations (CPUTR) 2008.

I require your organisation to provide written confirmation that states clearly whether you currently hold an original signed Consumer Credit Agreement, or whether you do not hold an original signed Consumer Credit Agreement pertaining to myself.

For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or microfiched document from other sources.

Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt.

Please also note that failure to provide a direct answer to this request will be brought before the court, should you decide to defy the content of this letter and instruct solicitors to pursue enforcement action regardless.

Yours faithfully,

[CleverClogs]

Re: Still waiting on cca from cabot

[FONT=Arial]If this is concerning you, why don't you send the following to them. You're not acknowledging the debt any further, but are 'jogging their memory' about the CCA request.

Why do that?

Section 78(6) of the Consumer Credit Act 1974 (link) clearly states:

(6) If the creditor under an agreement fails to comply with subsection (1)—
(a) he is not entitled, while the default continues, to enforce the agreement

That much remains unaltered even after the venal Labour kakistocracy emasculated the Act or wacky Waksman started to gibber about what might constitute a twue copy of an agreement.

If Cackbot were to press for payment, then it would be appropriate to remind them of their obligations under the law, but I can perceive little reason why one should wish to arouse them from their slumbers.

[labman]

Re: Still waiting on cca from cabot

I think if the fact of having or not having the original agreement is causing worry, it's worth sending the letter for peace of mind.

[CleverClogs]

Re: Still waiting on cca from cabot

I think if the fact of having or not having the original agreement is causing worry, it's worth sending the letter for peace of mind.

True - and it should deter the buggers from embarking on litigation which one would have to defend or serving a SD which one would have the trouble of getting set aside.

If there was anything about the Office of Farting and Timewasting, such steps would not be necessary as they could be relied upon to jump all over debt collecting firms that used oppressive or inappropriate means to terrify alleged debtors, but there isn't. The Office of Faffing and Twaddling seldom acts quickly and has a history of failure to police companies effectively.