Cabot claiming "Failed Agreement" - but I've not missed a payment!

[scottmoran]

Re: Cabot claiming "Failed Agreement" - but I've not missed a payment!

Why do you wish to torment them?

I just want some ammunition for when they start getting nasty again.

[FlamingParrot]

Re: Cabot claiming "Failed Agreement" - but I've not missed a payment!

Presumably I'd need to write to them to tell them that I know I don't legally have to pay them since they can't provide the true copy of the agreement.

Any suggestions of what to write?

I just want some ammunition for when they start getting nasty again.

I note you sent a CCA request a few months ago and they failed to reply, you could send them an account in dispute letter. Send it recorded delivery so you have proof and sign using a computer font to be on the safe side. :thumb:

Dear Sirs

ACCOUNT NO: XXXXXX

Your attention is drawn to the fact that this account is subject to a serious dispute. On XX/XX/XX, I requested a copy of the credit agreement covering this account pursuant to the Consumer Credit Act 1974 section 77-79. To date you have failed to comply with my request. Without production of the said agreement I am unable to assess if I am indeed liable for any alleged debt to [ORIGINAL CREDITOR], nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’ as required by the Consumer Credit Act 1974.

In line with recent OFT Guidance surrounding Unenforceability, I presume you're aware that the OFT has stipulated the following;

Sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements. Under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account.

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

As this account is clearly unenforceable, I expect you to write back and confirm that no further action will be taken and that the account is now closed and no further correspondence will take place. I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the OFT.

Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious. As such I respectfully suggest that this account is returned to the original creditor for immediate resolution prior to my seeking legal advice; due to the fact you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved.

Yours faithfully,

[FlamingParrot]

Re: Cabot claiming "Failed Agreement" - but I've not missed a payment!

Or do you think it's safer just to insist on them providing a statement?

Scott.

No, they are obliged to comply with your s.77-79 CCA request, simply providing a statement does not establish whether they have a copy of a properly executed agreement. :nono: