Cabot Unenforceable

[njc12]

Hi

I requested a copy of my CCA Agreement from Cabot and got a letter to say that it couldnt be located and was therefore unenforceable.

Since then I have a had a letter saying that I had missed my monthly payment - when I contacted them they said that it had been sent in error.

I have had another letter this month to state that I am in breach of my agreement. When I have checked my credit file, they have logged it as two months missed payments.

Where do I go next please?

Thanks
njc12

[FlamingParrot]

Re: Cabot Unenforceable

You'll need to write back to them, saying something along these lines. Attach a copy of the letter where they said they couldn't locate the agreement. :thumb:

Dear Sirs

Ref: xxxxxxxx

On XX/XX/XXXX I wrote requesting a true copy of the executed credit agreement for the above account. In response to this request I was supplied a letter, a copy of which is attached, that confirms you not have a copy of the agreement.

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 I have attached a copy of your letter confirming you cannot fulfill my CCA request and that the account is, therefore, 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.

Yours faithfully,

[FlamingParrot]

Re: Cabot Unenforceable

I have had another letter this month to state that I am in breach of my agreement. When I have checked my credit file, they have logged it as two months missed payments.

Have you actually been defaulted for this account in the first place?

[CleverClogs]

Re: Cabot Unenforceable

Dear Curs,

I am seated on my loo and I have your latest letter before me.

Soon, it will be behind and below me.

Yours Faithfully,

Clever Clogs.

[basa48]

Re: Cabot Unenforceable

TBH I understood that just because a creditor cannot find the agreement (and thus the account becomes unenforceable) doesn't mean they cannot continue to chase the account or report missed payments to a credit file.

[FlamingParrot]

Re: Cabot Unenforceable

TBH I understood that just because a creditor cannot find the agreement (and thus the account becomes unenforceable) doesn't mean they cannot continue to chase the account or report missed payments to a credit file.

You understood it correctly, that was established in McGuffick v RBS. :sad:

Having said that, pointing out to them that the account is UE due to lack of an agreement does work in terms of making them concentrate their efforts on those who don't argue their accounts are UE. :bolt: I has certainly worked for me, MBNA replied to me in 2010 saying they had no agreement, they only hassled me in 2010, after that, all I got was ONE letter in Dec 2011 replying to my last letter of Dec 2010 (yes, a year later!), saying they would no longer correspond with me about the fact they can't find the agreement. :grin: :grin: :grin: That was the last I heard from them, or anyone in relation to that account. :bounce: :clock: :bounce: :clock: :bounce:

[wales01man]

Re: Cabot Unenforceable

Best one yet Cloggy your getting better

[bluebottle]

Re: Cabot Unenforceable

Dear Curs,

I am seated on my loo and I have your latest letter before me.

Soon, it will be behind and below me.

Yours Faithfully,

Clever Clogs.

Too much information, Cloggy! Wouldn't a simple "Bog off," be easier? :grin:

[basa48]

Re: Cabot Unenforceable

You understood it correctly, that was established in McGuffick v RBS. :sad:

Having said that, pointing out to them that the account is UE due to lack of an agreement does work in terms of making them concentrate their efforts on those who don't argue their accounts are UE. :bolt: I has certainly worked for me, MBNA replied to me in 2010 saying they had no agreement, they only hassled me in 2010, after that, all I got was ONE letter in Dec 2011 replying to my last letter of Dec 2010 (yes, a year later!), saying they would no longer correspond with me about the fact they can't find the agreement. :grin: :grin: :grin: That was the last I heard from them, or anyone in relation to that account. :bounce: :clock: :bounce: :clock: :bounce:

Ahhhh MBNA !!

Stopped paying them in 2009 after they sent me a dodgy mash up purporting to be an enforceable CCA. They followed this up with an even dodgier DN (you know the one, asking for the full amount). Mind you a couple of DCAs later I asked for a copy of that dodgy DN and guess what? I received a valid one (arrears only) purporting to be the original and even dated throughout to match the original invalid one!! Bit misleading I thought :eyebrows: :wof:

Since then it's been the rounds through Varde, Experto, Aktiv and now Tempus Solutions ????? But I'm still getting bugged :ohwell:

[FlamingParrot]

Re: Cabot Unenforceable

Ahhhh MBNA !!

Stopped paying them in 2009 after they sent me a dodgy mash up purporting to be an enforceable CCA. They followed this up with an even dodgier DN (you know the one, asking for the full amount). Mind you a couple of DCAs later I asked for a copy of that dodgy DN and guess what? I received a valid one (arrears only) purporting to be the original and even dated throughout to match the original invalid one!! Bit misleading I thought :eyebrows: :wof:

Since then it's been the rounds through Varde, Experto, Aktiv and now Tempus Solutions ????? But I'm still getting bugged :ohwell:

I think I also got the usual dodgy DN asking for the full amount, although to be honest, I'd struggle to find it at this stage. The DN is a card to be kept up your sleeve till they issue proceedings, otherwise they can easily rectify it with a valid one as they seem to have done with you.

Funny how mine was never passed to anyone, other than their in-house DCA Debt Clear Recoveries and Investigations, at some point in 2010. Not a single external DCA, and I have yet to receive a NoA, even when the vast majority of defaulted MBNA accounts were sold to Arrow in 2012. :ohwell:

It was thanks to MBNA and their 36% interest :mad2: that made the balance increase despite making minimum payments, :scared: that made me decide on the UE route. Mine was a very old A&L card which were all sold to MBNA in 2002, apparently they neglected to get the agreements and over 90% got destroyed. :bounce: :bounce:

[njc12]

Re: Cabot Unenforceable

Thanks everyone - much as I am tempted to send CleverClogs letter, I will send Flaming Parrots!!

Border Collie -they did say in the letter that they would not chase for the debt anymore until such time that they could locate the CCA.

njc12

[FlamingParrot]

Re: Cabot Unenforceable

Thanks everyone - much as I am tempted to send CleverClogs letter, I will send Flaming Parrots!!

I think that may be wise... Cloggy's unique brand of humour may not go down well (pardon the pun msl with Cr@pBot.

Border Collie -they did say in the letter that they would not chase for the debt anymore until such time that they could locate the CCA.

For reference, our usernames are at the top, such as CleverClogs or FlamingParrot. "Border Collie" is a designation based on post count, just like you are still a 'Beagle Puppy' because you've got just the 3 posts.:beagle2222: In this case, the Border Collie in question is called basa48. :nerd:

[Gorang]

Re: Cabot Unenforceable

Dear Curs,

I am seated on my loo and I have your latest letter before me.

Soon, it will be behind and below me.

Yours Faithfully,

Clever Clogs.

Cloggy you crack me up sometimes lol

absolutely LOVE IT

ROTF PMSL

[njc12]

Re: Cabot Unenforceable

Doh! ! Thanks flaming parrot!!

[njc12]

Re: Cabot Unenforceable

Hi All

I wrote the letter as advised to Cabot and have received the following response.

"As your account has not been terminated we have to advise you of any arrears that have accrued. In the event you do not remedy these arrears, a notice may be sent to formally advise you that your account is in arrears. If you are not in a position to clear the arrears on your account, we may have no alternative but to send you a default notice ......and a default may subsequently be registered with a credit reference bureau. As we explained in our letter dated 4th Sept, the decision not to pursue collection of your account should not be confused or interpreted as a write off of the outstanding balance as the debt legally remains and therefore we will continue to report to the CRAs accordingly"

I am really confused - how can they default an unenforceable agreement.

Please can someone help - getting really fed up with all of this now

thank you

njc12