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next step with cabot

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  • next step with cabot

    This is an old letter in fact back in oct 2010 ive done nothing further (stupid I no)

    right 1st of all I did a cca request and the response was:
    Your request for information under consumer credit act 1974
    Thank you for your requests for information under the consumer credit act 1974. Cabot Finacial currently does not have this information on file. However, we have requested the relevent information under section 77 and/or 78 of the consumer credit act 1974 from the original lenders.
    Please be advised, we do not accept the statutory fee required under section 77 and/or 78 of thr consumer credit act 1974 and we have returned the fee for £1.00 that you have sent.

    what happens next?
    We anticipate that we will be able to provide this information within 12 days. In the event we are unlikely to obtain this information within those time limits, we will write to you again.

    Contacting cabot
    If you have any queries about your accounts, please call one of our customer advisors on [edit]


    then I got this:
    Your Request For Information Under The Consumer Credit Act 1974

    we write to your request for information under section 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. Although Cabot has not been able to provide you with the information within the prescribed period, we would still advise that your debt remains legally due.

    We are still able to report to the credit reference bureaux regarding the status of your debt and we would recommend you continue your repayment plan with us or alternatively you contact us to make payments towards your account if you do not have a repayment plan arranged

    Thank you for your co-operation and patience in this matter

    Then this was the last one I got:
    unpon reviewing your account it is the case that there is no need for us to provide a copy of your credit agreement under the CCA for current Accounts and overdrafts Facilities, as part V of the CCA 1974 does not apply to these types of accounts. The eclusion of Current Accounts falling into part V of the CCA as set out in section 74(1) (b).

    I would therefore respectfully request that you disregard our preivous correspondence regarding the above and that you continue to make repayments to your account in accordance with your agreed payment plan, which for your reference has been arranged for a monthly payment of £********.

    For your reference the balance on your account is £*******.

    I trust we have set our position clearly.

    If you have further queries in relation to the account, please do not hesitate to contact me on {edit}. The Customer Assurance department is open from 9am to 5pm monday to Friday.

    OK as said should of done something about it but one thing and another it got left, I had two debts with cabot but paid one off now only have one left the original lender was Barclays bank plc and its for a loan. I can not remember when I had the loan since I had trouble paying it after a split I have paid dribs and draps off over many years with different debt collection agencies. (cabot have it now and im making payments still)
    Is there anything I can do as they state in their last letter they go on about The eclusion of Current Accounts falling into part V of the CCA as set out in section 74(1) (b).
    But this is a loan im confussed do I start from scratch again and do a request for information under section 77 and/or 78 of the consumer credit act 1974.

    Sorry if this goes on but tried to include as much info as poss

    Thanks
    Last edited by Amethyst; 19th November 2013, 09:26:AM.
    Tags: None

  • #2
    Re: next step with cabot

    Was the loan in the form of a HP type loan, governed by the CCA, where you borrow, eg, £2000 over 36 months repaying £xxx.xx pcm?

    Alternatively, was the loan given to you in the form of an extension to your overdraft facility at the bank? If so, do you have paperwork relating to this (or indeed anything to do with this matter)?

    Please don't say you're stupid. Loads of us on here have been there and done that, so you're among friends - don't worry. We're not here to judge, we're here to help.

    Comment


    • #3
      Re: next step with cabot

      Originally posted by labman View Post
      Was the loan in the form of a HP type loan, governed by the CCA, where you borrow, eg, £2000 over 36 months repaying £xxx.xx pcm?

      Alternatively, was the loan given to you in the form of an extension to your overdraft facility at the bank? If so, do you have paperwork relating to this (or indeed anything to do with this matter)?

      Please don't say you're stupid. Loads of us on here have been there and done that, so you're among friends - don't worry. We're not here to judge, we're here to help.
      As far as I remember I applied for a unsecured loan (was for a car at the time) it was x amount over x amount of time as you stated above , as for the paperwork anything I did have was thrown out when I split from the person I was with at the time. sorry I cant supply more info. all cabot say is the original lender Barclays Bank PLC and account type: Loan.

      Comment


      • #4
        Re: next step with cabot

        So they are claiming it was an overdraft, not a loan. I'd ask them to prove this with something laong these lines:


        Dear Sir,

        Your Ref: abc123

        I write in response to your letter dated dd/mm/yyyy. I would be grateful if you could please explain why you think a loan, made and regulated by the Consumer Credit Act, would fall under Section 74(1)(b) which refers to overdrafts.

        I would be grateful for proof that this alleged debt exists in the form of an overdraft to a current account, including a copy of the agreement whereby any alleged overdraft extension was agreed, and statements showing the account was, indeed, connected directly to a current account and not a loan. Yours faithfully,

        Comment


        • #5
          Re: next step with cabot

          Cheers for that I will get this letter sent off, once again thanks for the advice and will keep you updated IF and WHEN cabot reply.

          Comment


          • #6
            Re: next step with cabot

            Nothing to report as of yet I didn't do letter to start with I sent it via their website (contact us form) and guess what no response then I sent a private email, yes your right again no response so I sent the letter via recorded delivery and they got it yesterday. so more info if they can be bothered to reply

            Comment


            • #7
              Re: next step with cabot

              It's always a good idea to send things recorded delivery so you have proof of what you've sent. Contact form data is often ignored and probably the worst way of communicating because you wouldn't even have an email to show what you've sent or said to them.

              Comment


              • #8
                Re: next step with cabot

                Originally posted by FlamingParrot View Post
                It's always a good idea to send things recorded delivery so you have proof of what you've sent. Contact form data is often ignored and probably the worst way of communicating because you wouldn't even have an email to show what you've sent or said to them.
                Yes I did send via recorded delivery, and I always save emails or do screen prints of what im sending

                Thanks

                Comment


                • #9
                  Re: next step with cabot

                  Very sensible!

                  Comment


                  • #10
                    Re: next step with cabot

                    Well 3 weeks since they got my letter via recorded delivery and no response from they............. do I leave it a bit longer if not what is the next step I should be trying ?

                    Thanks

                    Comment


                    • #11
                      Re: next step with cabot

                      If no-one is hassling you over this account, I'd just wait for someone to contact you or a response to your letter, whichever comes first. Do post up here when you get something in the post. :typing:

                      Comment


                      • #12
                        Re: next step with cabot

                        Indeed, I'd agree with FP there. They have been asked to explain their actions and have failed to respond. Until they do, you really have nothing further to say to them.

                        Comment


                        • #13
                          Re: next step with cabot

                          This is the letter I finally got this morning from cabot, not sure what I done to upload the attachments but they can be opened by using windows photo viewer or paint.


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                          Comment


                          • #14
                            Re: next step with cabot

                            Originally posted by imthedaddy1971 View Post
                            This is the letter I finally got this morning from cabot, not sure what I done to upload the attachments but they can be opened by using windows photo viewer or paint.
                            No problem with the attachments, I can read both letters.

                            The older one from October 4th refers to an overdraft, where a s.77/78 CCA request wouldn't apply. The one from Nov 14th says they have requested the documents from Barclays. Remind us again, are Cabot chasing you for two separate accounts, one of them an overdraft?

                            Comment


                            • #15
                              Re: next step with cabot

                              The overdraft is sorted the only one left is the barclays loan

                              Comment

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