**WON** Three DCA's have not supplied me with requested CCA /Cabot are now chasing me

[thesearcher2011]

Back in 2012 ,I had 3 different DCA'S after the same account ,I requested from all three a CCA, never received any from any of the company's ,I do have the postal orders returned , and one company reduced the amount by the £2.00 postal order ,
I now have the infamous Cabot who have passed it to Marlins ,who have Weightman's taking me to Northampton county court .
am I correct in thinking that as the other DCA's never supplied me with the CCA that I requested ,that this should not have been passed on as it was in default and has been since 2012

[beaconsman]

Re: Three DCA's have not supplied me with requested CCA / but Cabot are now chasing m

A CCA stat. fee is £1

When you sent the original postal orders, did you mark it as "for stat fee only?"..I have sent them crossed as well. They haven't complied anyway. My defence is posted that I used on Friday.

[thesearcher2011]

Re: Three DCA's have not supplied me with requested CCA / but Cabot are now chasing m

Two of company's have returned the payments ,while 1 company took it off the balance .in each case , this sentence was in the CCA request to each DCA.

Please note that under NO CIRCUMSTANCES should this payment be set aside any alleged debt, if you are unable to supply the documentation requested this fee should be returned .

yes they were all crossed to the DCA involved in each request.

[beaconsman]

Re: Three DCA's have not supplied me with requested CCA / but Cabot are now chasing m

They have taken the £1 and used to pay the towers the debt which they cannot do, unduly making you liable for the debt..I'd chase it up asap.

[thesearcher2011]

Re: Three DCA's have not supplied me with requested CCA / but Cabot are now chasing m

who do I chase it up with ? ,no one wants to know ,even the bank would not supply me with any details of the debt, have been trying for 3 years but no one has ever produced an account statement ,and the bank have been approached twice asking for it and I have been ignored, they have had plenty of time to create anything they like ,but I am wondering why no one has produced anything to date, and three DCA,s have all gone over a year in default, its not good as I have not even seen a statement for this debt .

[nemesis45]

Re: Three DCA's have not supplied me with requested CCA / but Cabot are now chasing m

Nothing to stop them selling the debt whatever, although if a debt is statute barred then the purchaser should be made aware of the status of the account.

You need to make a CCA request to Cabot, use cheque or PO endorsed " for statutory fee only" for the £1 statutory fee.
Then a CPR31.14 request to Weightmans to get copies of all documents mentioned in the particulars of claim POC (no fee).

What is the debt?
When was the last payment or written acknowledgment made?
What is the default date?
Does the account show on your credit reference files.?

nem

[thesearcher2011]

Re: Three DCA's have not supplied me with requested CCA / but Cabot are now chasing m

where will I find a draft letter for a CPR31.14 request ,and is there a cost to this request /.

[thesearcher2011]

Re: Three DCA's have not supplied me with requested CCA / but Cabot are now chasing m

CCA request to Cabot, use cheque or PO endorsed " for statutory fee only" sent this morning first thing signed for

[nemesis45]

Re: Three DCA's have not supplied me with requested CCA / but Cabot are now chasing m

No Cost for CPR,
It's a simple request for the documents mentioned in the POC
e.g. The agreement, notice of assignment, default notice
This is a request made under Civil Procedure Rule 31.14 for the production of the documents mentioned in the Particulars of Claim in regard to Claim number xxxxx .
List docs mentioned.

As this Claim has not been allocated to a track you are obliged to comply with this request within 7 days from the date hereon.

nem

[thesearcher2011]

Re: Three DCA's have not supplied me with requested CCA / but Cabot are now chasing m

will be on it today and post it first thing tomorrow ,

[nemesis45]

Re: Three DCA's have not supplied me with requested CCA / but Cabot are now chasing m

Get proof of posting or use signed for post.

nem

[thesearcher2011]

Re: Three DCA's have not supplied me with requested CCA / but Cabot are now chasing m

Always use first class signed for , have drafted out a SAR , 13 different points ,also drafted letter to the Cabot solicitor's . will polish them up tonight

[nemesis45]

Re: Three DCA's have not supplied me with requested CCA / but Cabot are now chasing m

You seem to be well on :okay:course

nem

[thesearcher2011]

Re: Three DCA's have not supplied me with requested CCA / but Cabot are now chasing m

only because you guys are guiding me

[thesearcher2011]

Re: Three DCA's have not supplied me with requested CCA / but Cabot are now chasing m

Reply from Cabot for CCA

Sorry we currently do not have the information on file ,we will contact the original lender for this information and hope to get it within 40 days ,and confirm your account is on hold until we gather the information .


QUESTION 1 if so will this be taken out of county court ?

QUESTION 2 and is 40 days acceptable?

Today Cabot received a SRA from me
included was this sentence
Please note that under NO CIRCUMSTANCES should this payment be set aside any alleged debt, if you are unable to supply the documentation requested this fee should be returned.


And their solicitors today received the request made under Civil Procedure Rule 31.14 for the production of the documents as mentioned in the Particulars of Claim .

Also Cabot state that the fact that no other DCA have complied with my CCA Request,and all defaulted, has no bearing on this case ,and that I should take it up with the other three company's is this also correct ?