Cabot Financial and old egg loan-CCJ Being sought

[nemesis45]

Re: Cabot Financial and old egg loan-CCJ Being sought

Hi can you tell us exactly what Cabot's letter says please. Cabot are I think using this do discourage people from defending court claims.

[sara77]

Re: Cabot Financial and old egg loan-CCJ Being sought

Hello Nemisis
I will below write what they have written to me:
"Your request under the Consumer Credit Act 1974
thank you for your request for information under the consumer credit act 1974. Cabot Financial currently does not have this information on file. However we have requested the relevant information under section 77 and/ 78 of the Consumer Credit Act 1974 from the original lender.
What happens next?
We anticipate that we will be able to provide this information within 40 days. In the event we are unlikely to obtain this information within those time limits, we will write to you again."

The letter just end with contact details for them. I hope this is helpful and any further advice about what I should do next, would be greatly appreciated.
Sara

[nemesis45]

Re: Cabot Financial and old egg loan-CCJ Being sought

This letter has become standard for Cabot particularly where county court action has been started, seems to be a deliberate action to
make defending a claim difficult.

Check when the 12 +2 Working Days Expires and have a letter ready to send stating that the debt is unenforceable as Cabot has not complied with the CCA request.

nem

[sara77]

Re: Cabot Financial and old egg loan-CCJ Being sought

Hello
I am unsure what the 12+2 working days is, interms of what it entails. I apologise for taking up so much of your time.
Sara

[nemesis45]

Re: Cabot Financial and old egg loan-CCJ Being sought

Hello
I am unsure what the 12+2 working days is, interms of what it entails. I apologise for taking up so much of your time.
Sara

Never worry about asking!!
From the date you posted the CCA request 12 + 2 working days excludes weekends and bank hols.

[sara77]

Re: Cabot Financial and old egg loan-CCJ Being sought

Ok I have checked and it has been 17 working days, since I sent my CCA request. So what is my next step? I am a little worried that knowing my luck-they will produce all the paperwork! Thank you for all your help and patience!
Sara

[sara77]

Re: Cabot Financial and old egg loan-CCJ Being sought

Just to add, yesterday was the first response I got from Cabot-does that make any difference?

[Kati]

Re: Cabot Financial and old egg loan-CCJ Being sought

As it's over the 12+2 days, the way I see it is that the debt is unenforceable at this time ... although I'm sure [MENTION=55034]nemesis45[/MENTION] will be able to explain it better :tinysmile_twink_t2:

K x

[nemesis45]

Re: Cabot Financial and old egg loan-CCJ Being sought

The debt is unenforceable until a compliant agreement is produced.
I seems to me Cabot are using the " within 40 days" to deliberately withhold documents when it is fully aware that it has started litigation.

Personally I would remind Cabot that it is unenforceable by letter.

nem

[mildman]

Re: Cabot Financial and old egg loan-CCJ Being sought

i have been looking at some links that may help. I am new to this so might be barking up the wrong tree

Harrison v Link Financial

As this was an egg loan converted to a credit card then the borrower must have been given new T&C. If cabot cannot prove this then it is game over

This is just me looking at past cases so some clarification is needed

[sara77]

Re: Cabot Financial and old egg loan-CCJ Being sought

Thank you Mildman, I will check out the case. Nemesis I was wondering if there were any templates for the follow up letter. I have read online-apparently they 'Cabot' send out version marked out as 'true copy'. Does anyone have any idea where I stand If they do this? I do want want to send a letter but am a little apprehensive. Normally how do these things proceed?

[nemesis45]

Re: Cabot Financial and old egg loan-CCJ Being sought

A True Copy means a Reconstituted agreement ( a populated template).

This must have:
Your name and address at the inception of the account.
The Creditors name and address at inception.
All the Ts &n Cs at inception and closure of the account.
Any other Documents mentioned in the Ts & Cs.
Any material amendments to the Ts & Cs during the life
of the agreement.
A current statement of the account.

NO signatures are needed on this.

All you need to do is:

Dear Cabot,

Re: Alleged debt for £xxx.xx Claim No. xxxxxxxxxxxx and my request made under section 77 of CCA 1974.
Cabot has failed to comply with my request dated xx.xx.xxxx, and the debt is now unenforceable until a
compliant copy of the agreement is forthcoming.

Yours etc.

Use signed for post.

nem.

[sara77]

Re: Cabot Financial and old egg loan-CCJ Being sought

Nemesis I have not been sent a 'true copy' yet. Should I just send the letter that you have typed up above to Drydens? I can send it tomorrow-not near a post office till then. Will this antagonise them into action? Another silly question-is there a difference between compliant copy ie: the Court will not accept the 'true copy'-should I request a compliant copy. Or interms of the Court-them producing a 'true copy' is enough for them to win against me. Sorry just a little concerned about Court cost against me. I really do appreciate your direction.
Sara

[sara77]

Re: Cabot Financial and old egg loan-CCJ Being sought

Sorry another question, do I address the letter to Dryden to pass onto Cabot or post directly to Cabot.
Thank you

[nemesis45]

Re: Cabot Financial and old egg loan-CCJ Being sought

Send the letter to Cabot and Drydens would be best I think it makes sure
that you are aware of the process.

Recon agreements and actual copies have to be correct/ easily legible otherwise they
will not comply with Act.

nem