S77cca request - yes or no??

[sloane82]

What you need to do, is write a letter to cabot asking for the consumer credit agreement that you signed, then send sainsburys a letter. requesting a subject acess request you may have to pay £10 say to cabot by law you are legally going to pay £1 because you were in financial hardship Sainsburys should have helped you with this but they have not as they, are after the money, contact the financial ombudsman and make a complaint against Sainsburys also in your letter to sainsburys write down that was there any ppi on the account of the loan, as you have defaulted on the loan it will have affected your credit file put a notice of correction on your credit file, do not pay more than £1 a month until this is all sorted then go back with the agreement with sainsburys and ask them for goodwill gestures, and get compensation from the financial ombudsman for the inconvenience caused, what did you use the loan for?. when you get on track with sainsburys find out how much is owed and any compensation, pay it toward's the loan, and get a goodwill gesture, against cabot for the inconvenience that has happened.

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And by law £1 is the minimum you can pay!.

[warwick65]

Re: Cabot have passed the debt to solicitors

What you need to do, is write a letter to cabot asking for the consumer credit agreement that you signed, then send sainsburys a letter. requesting a subject acess request you may have to pay £10 say to cabot by law you are legally going to pay £1 because you were in financial hardship Sainsburys should have helped you with this but they have not as they, are after the money, contact the financial ombudsman and make a complaint against Sainsburys also in your letter to sainsburys write down that was there any ppi on the account of the loan, as you have defaulted on the loan it will have affected your credit file put a notice of correction on your credit file, do not pay more than £1 a month until this is all sorted then go back with the agreement with sainsburys and ask them for goodwill gestures, and get compensation from the financial ombudsman for the inconvenience caused, what did you use the loan for?. when you get on track with sainsburys find out how much is owed and any compensation, pay it toward's the loan, and get a goodwill gesture, against cabot for the inconvenience that has happened.

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And by law £1 is the minimum you can pay!.

Sloane
Not sure where you get your law from but it aint british law.
There is nothing to say you can tell them what to pay and nothing yo say what the minimum is.

You can make an offer but i would only do that if they can prove Its enforceable. It would also be more like to be agree to if back up with evidence.

This thread is looking more like amateur hour on Goodf than LB

[Guest]

Re: Cabot have passed the debt to solicitors

Warpa, the debt is not going away (unless you file for bankruptcy). Negotiate with cabot, give them a call and ask for a copy of the agreement. I do not know what your circumstances are whether you are employed or not or whether you own your own home. There may not be an agreement signed, do you remember signing the agreement? I find it verry odd that they have not sent you this or Sainsbury for that matter.

[pt2537]

Re: Cabot have passed the debt to solicitors

Warpa, the debt is not going away (unless you file for bankruptcy). Negotiate with cabot, give them a call and ask for a copy of the agreement. I do not know what your circumstances are whether you are employed or not or whether you own your own home. There may not be an agreement signed, do you remember signing the agreement? I find it verry odd that they have not sent you this or Sainsbury for that matter.

Ok

Firstly, if youre going to request a credit agreement, do it in writing under s78 Consumer Credit Act, along with the fee of £1.00. If the request is not in writing it doesnt have anything to bite on, so using s78 at least gives you the potential unenforceability if they dont comply.

Secondly, before engaging in negotiations id consider the merits of the case, whether the creditor has complied with the consumer credit act, whether their documents are in order. There can be many things you can use to either reduce the debt or get the creditor to abandon its claim, throwing in the towel too early is a bad move

[Warpa]

Re: Cabot have passed the debt to solicitors

Warpa, the debt is not going away (unless you file for bankruptcy). Negotiate with cabot, give them a call and ask for a copy of the agreement. I do not know what your circumstances are whether you are employed or not or whether you own your own home. There may not be an agreement signed, do you remember signing the agreement? I find it verry odd that they have not sent you this or Sainsbury for that matter.

I'm not expecting the debt to go away, I will write to Cabot as you never call them otherwise when they ask you to clear security questions you are entering a verbal agreement.
Imy not sure why you find it odd that they didnt send a copy of the agreement, no DCA sends that out. A lot of these debts are pooled together and sold as a job lot, the buyer has no idea what they are buying, even statuette barred debts.
It's still for the DCA to legally prove I owe this debt.

I don't remember signing any agreement to any company, going through a divorce and buying my x out put me on my limit, the the recession struck. As a self employed person in the building trade I got hit hard and for the longest.

[Guest]

Re: Cabot have passed the debt to solicitors

I find it odd due to the fact that you have requested to see the agreement so you can begin repaying back the debt owed. I also find it odd that sainbury have not contacted you informing you that they are not dealing with it any longer. Maybe there is no agreement signed.

Any chance you can attach the letter from Mortimer Clarke. Also the first letter from cabot would be interesting to see also.

Dear Cabot

On [date] i sent letter number 1 requesting to see the agreement. Please ignore letter 2 and 3 as i was ill advised. Here is the £1 please send copy of agreement requested earlier in letter 1.
--------------------------------------------------------------

To be honest i find everything odd about this, firstly the debt is 5k i am sure by asking for the agreement so you can prove they are entitled to be paid cabot would send it immediately to you or they would contact sainbury for it. Don't think cabot would be too fussed regarding the £1 lol If statute said £100 i would understand.

[warwick65]

Re: Cabot have passed the debt to solicitors

To be honest i find everything odd about this, firstly the debt is 5k i am sure by asking for the agreement so you can prove they are entitled to be paid cabot would send it immediately to you or they would contact sainbury for it. Don't think cabot would be too fussed regarding the £1 lol If statute said £100 i would understand.

I don't find anything odd and have sent many CCA requests over the last few years

Some creditors cash the cheque and some don't but the law says that you need to send a fee for the request and if you do it correctly and they do not send the correct stuff back then the account becomes unenforceable until they do.

Have a read of S77(1) and S77(4) of the consumer credit act

http://www.legislation.gov.uk/ukpga/1974/39/section/77



It is probably that Warpa received a letter at some point saying the account had been sold fto Cabot , often two letters arrive in the same envelope , one from the OC ( Sainsbury) and one from Cabot.
It really is unlikely to be anything 'odd'.

[Warpa]

Re: Cabot have passed the debt to solicitors

I don't find anything odd and have sent many CCA requests over the last few years

Some creditors cash the cheque and some don't but the law says that you need to send a fee for the request and if you do it correctly and they do not send the correct stuff back then the account becomes unenforceable until they do.

Have a read of S77(1) and S77(4) of the consumer credit act

http://www.legislation.gov.uk/ukpga/1974/39/section/77



It is probably that Warpa received a letter at some point saying the account had been sold fto Cabot , often two letters arrive in the same envelope , one from the OC ( Sainsbury) and one from Cabot.
It really is unlikely to be anything 'odd'.

Thanks warwrick65 I'll get the letters printed out this evening. Also thanks to PT, I have read his blogs with interest.
When the S77 gets sent out does that automatically put a hold on the 14 day deadline they have given me?

[Guest]

Re: Cabot have passed the debt to solicitors

Yes i am fully aware of legislation. Very rarely the creditor will ask for the £1 fee (forgot), all that is required is a pre action protocol and that both sides can show that they have tried to fix the problem. The £1 fee is for consideration and a prevention of the creditor asking for more.

Dear Cabot

On [date] i sent letter number 1 requesting to see the agreement. Please ignore letter 2 and 3 as i was ill advised. Here is the £1 please send copy of agreement requested earlier in letter 1.

Cabot will not have the signed agreement, Sainbury's will have it. It would cost much more than a £1 for Cabot to go running around asking Sainbury for it, but Cabot will ask because it's £5300

[Guest]

Re: Cabot have passed the debt to solicitors

No it is not wrong to send a s77 letter with fee, absolutely not. A simple letter requesting a copy of the documents with the added words 'within 14 days' is good enough.

The only person that is going to complain is an awkward creditor, like i said the fee of £1 is for consideration. What legislation is doing is applying fairness in that the fee of £1 is in consideration for the documents and no more.

[Guest]

Re: Cabot have passed the debt to solicitors

That is right, the solicitors have stated he can pay in instalments and added the expenditure form. So now you still want the copy of documents before committing yourself to payment terms.

[warwick65]

Re: Cabot have passed the debt to solicitors

Write a letter to cabot to get your credit agreement, then do a subject acess request, and also ask regarding ppi they cant expect you, to pay them £5000 straight away that is odd.

Asking for the full sum is quite normal, Its to scare you into replying.

The SAR is a definite possibility, the only one i have ever sent was after a claim. Maybe £10 is a luxury maybe not.

Suzy
Its all about using the legislation. Make sure you specify Its a s77 request and include the feeling that way non compliance can be used against them. I linked to the templates.

[pt2537]

Re: Cabot have passed the debt to solicitors

Cabot will not have the signed agreement, Sainbury's will have it.

may i have next weeks lotto numbers please?

[Guest]

Re: Cabot have passed the debt to solicitors

Very rarely the original creditor sends all the documents, they simply sell the debt to another company for so much in the pound. The buyer of the debt can attempt to collect the whole amount of £5300 or they may reduce the amount to half and unless they state full and final payment of the amount then they can collect the other half later on, so be on your guard.

This why i said negotiate with a lower offer of say 2500

[warwick65]

Re: Cabot have passed the debt to solicitors

Very rarely the original creditor sends all the documents, they simply sell the debt to another company for so much in the pound. The buyer of the debt can attempt to collect the whole amount of £5300 or they may reduce the amount to half and unless they state full and final payment of the amount then they can collect the other half later on, so be on your guard.

This why i said negotiate with a lower offer of say 2500

If i had £1 gor every theory i have read regarding assignments and what is true well...i wouldnt be in debt!

I think the golden rule is never assume and work on the basis they may know or have it all until you can show otherwise.