Cabot old credit card debt

[nemesis45]

Re: Cabot old credit card debt

@nemesis45 @Diana_M

Quick update, have received the attached letter from Cabot.

Hi Dobbs,

That is a standard Carboot template letter i.e. we can't enforce the debt because we can't prove you owe it but please pay us anyway!

I think you should ignore any further letter from Cabot from now on, but keep all that you just in case they try some dirty tricks such as selling the debt to another muppet in the future.

nem

- - - Updated - - -

@nemesis45 @Diana_M

Quick update, have received the attached letter from Cabot.

Hi Dobbs,

That is a standard Carboot template letter i.e. we can't enforce the debt because we can't prove you owe it but please pay us anyway!

I think you should ignore any further letter from Cabot from now on, but keep all that you just in case they try some dirty tricks such as selling the debt to another muppet in the future.

nem

[Dobbs2010]

Re: Cabot old credit card debt

@nemesis45 @Diana_M

Quick update, have received the attached letter from Cabot.

[Dobbs2010]

Re: Cabot old credit card debt

Thanks Dobbs,

That's the statement of the current status of the account as required with a CCA request.

I think that's probably all they know about the the account.

nem

Thanks nem, will see what happens.

Dobbs

[nemesis45]

Re: Cabot old credit card debt

Here it is.

Thanks Dobbs,

That's the statement of the current status of the account as required with a CCA request.

I think that's probably all they know about the the account.

nem

[Dobbs2010]

Re: Cabot old credit card debt

Was the statement just the amount outstanding? Not a detailed one?

nem

Here it is.

[nemesis45]

Re: Cabot old credit card debt

They sent me an account statement the day they received the CCA request, which was basically like their other letters just set out a little differently.

Was the statement just the amount outstanding? Not a detailed one?

nem

[Dobbs2010]

Re: Cabot old credit card debt

Hello Dobbs,

A standard Cabot Bull Shite letter !!

I take there's been no other contact from them at all?

nem

They sent me an account statement the day they received the CCA request, which was basically like their other letters just set out a little differently.

[nemesis45]

Re: Cabot old credit card debt

@[U]nemesis45
@[U]Diana M


I sent CCA request which they received on 21st September, here is the reply I received.

Hello Dobbs,

A standard Cabot Bull Shite letter !!

I take there's been no other contact from them at all?

nem

[Dobbs2010]

Re: Cabot old credit card debt

@[U]nemesis45
@[U]Diana M


I sent CCA request which they received on 21st September, here is the reply I received.

[Dobbs2010]

Re: Cabot old credit card debt

Sorry box wasn't showing on iPad, found it.

[Amethyst]

Re: Cabot old credit card debt

It should be at the top of the page now - I've just moved your thread to the right forum for you xx

| CCA Request


I'll also have a look for that letter and squish it - edit: DONE

[Dobbs2010]

Re: Cabot old credit card debt

Thanks nem, sorry but where is the template/green box?

Dobbs

Hello Dobbs,

That old template is useless .

A CCA request is limited to a Copy of or a reconstituted copy of an agreement and a Current statement of the account (Not a detailed historic statement).

The Deed of Assignment is the commercially sensitive and confidential contract between the creditor and a debt purchaser very occasionally a court may order one to be disclosed by they heavily redact such documents so useless really.

Use the LB template in the green box.

nem

[nemesis45]

Re: Cabot old credit card debt

@nemisis45
@Diana M

Before I send it, this is the CCA I found in one of the sticky threads, is this ok?

Dear Sir/Madam

ACCOUNT NUMBER: xxxx
YOUR REF: xxxx

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

For the sake of clarity, may I also draw your attention to the following:
Consumer Credit Act 1974 s.175
Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under the regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

1. True copy of original signed executed credit agreement
2. FULL Statement of account
3. Copy of the executed deed of assignment from (original creditor) and (DCA)
4. A fair processing notice.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.
I look forward to hearing from you within the statutory time limit.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully


Thanks
Dobbs

Hello Dobbs,

That old template is useless .

A CCA request is limited to a Copy of or a reconstituted copy of an agreement and a Current statement of the account (Not a detailed historic statement).

The Deed of Assignment is the commercially sensitive and confidential contract between the creditor and a debt purchaser very occasionally a court may order one to be disclosed by they heavily redact such documents so useless really.

Use the LB template in the green box.

nem

[Dobbs2010]

Re: Cabot old credit card debt

@nemisis45
@Diana M

Before I send it, this is the CCA I found in one of the sticky threads, is this ok?

Dear Sir/Madam

ACCOUNT NUMBER: xxxx
YOUR REF: xxxx

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

For the sake of clarity, may I also draw your attention to the following:
Consumer Credit Act 1974 s.175
Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under the regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

1. True copy of original signed executed credit agreement
2. FULL Statement of account
3. Copy of the executed deed of assignment from (original creditor) and (DCA)
4. A fair processing notice.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.
I look forward to hearing from you within the statutory time limit.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully


Thanks
Dobbs

[Dobbs2010]

Re: Cabot old credit card debt

Would you agree on sending CCA [MENTION=55034]nemesis45[/MENTION] ?

Yes we are aware of the date the debt becomes statute barred thank you.

nem
.