CCA - Have Cabot supplied all the information required?

[Beth888]

Hello, first time posting here, have read lots of threads but getting a bit confused (sorry!).


I put in a request to Cabot for the CCA for a defaulted credit card they have bought, using the template on the National Debt Helpline website.


I’ve now had a reconstituted Agreement back and a Statement of Account written and signed by someone from Cabot stating: how much is outstanding, how much I am required to pay and that I can’t use the account any more. They are saying that the debt is now enforceable.


I’ve looked through various threads on here and some of the links to documents, but am getting a bit confused. Please can someone clarify:

1. Should they have sent me all the actual monthly statements from my Credit Card account? Otherwise, how do I know the amount they are requesting is correct?
2. Should they also have included the account opening date and original credit card limit? (the reconstituted agreement does have some interest rates on it)

If ‘yes’ to either or both of the above, would this make the account unenforceable? And should I write to Cabot and request the above information.




Many thanks in advance for your help.

[echat11]

Hi Beth888

Welcome to LB

Just because they've sent you documentation, doesn't mean there compliant.
You need to check it for anomalies. Do things add up?

https://lawzone.legal/when-is-a-cred...unenforceable/

https://www.handbook.fca.org.uk/hand...ate=2017-03-07

[Beth888]

Thank you echat11 - I will have a read through the links.

[Celestine]

Hi - on the statements, it is typically to see a column of monthly figures rather than the actual statements. The reconstituted credit agreement should show accounts opnening date but credit limits may not be deemed key terms. What year was this account opened?

[echat11]

Also check the reference / issue number at the bottom of the Reconstructed Agreement, e.g. say you took the agreement out in March 2014, the document they have sent you says something like BC101/07/2017, that clearly doesn't add up and would be an anomaly.

[Beth888]

Thank you Celestine echat11 - your advice is very much appreciated.



Reading the reconstituted Agreement again, it does include at the end the opening date (Dec 2019) which I think would have been around the time I opened it, and a tick box with a tick in it as opposed to my signature, plus the ‘Signature of Bank’ (same date, same tick) (sorry, I missed this before, probably due to panic/stress of receiving the letter.)



In this Agreement it doesn’t give the credit limit, but it says: Your credit limit is the total amount you can borrow under this agreement. We set this limit and tell you what it is in writing soon after opening your account. It is important you stay within your credit limit.



On the tiny reference number you refer to - the only one is on the side of each printed page and is definitely a Cabot reference with the date they have sent the reconstituted Agreement to me and the page number (1 of 50).



I guess my question is - without the historical credit card statements, how do I know the amount Cabot want to collect is correct? And should the pages each have a reference on from the credit card company, and not just a Cabot one as per above?



Based on this, is the debt now enforceable, should I write and ask for the actual statements?


Many thanks

[echat11]

Send the original creditor a Subject Access Request, they should provide all the statements, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

If the Terms i.e. APR, Credit Limit etc. has been 'varied' then they also have to provide the latest Term and Conditions.

Update when you get the requested information.

Cabot's reference number on your agreement doesn't sound right, sounds like something they've 'created' in house.

[Beth888]

Many thanks echat11 - should I ask Cabot for this information as they now own the debt? And then they should get it for me from the original creditor? And should they supply terms for every APR or credit limit change? Your advice is really appreciated.

[echat11]

Many thanks echat11 - should I ask Cabot for this information as they now own the debt? And then they should get it for me from the original creditor? And should they supply terms for every APR or credit limit change? Your advice is really appreciated.

No, send it to the original creditor, Not to Cabot.
The SAR request has no relevance to the Claim made by Cabot, but might provide 'nuggets of gold' (not literally).
They will send everything.

[Beth888]

Thanks echat11 - so how do I keep Cabot at bay from any further action whilst I do a SAR with the credit card company.? Do I write and tell Cabot that I have requested further info and want the account put on hold? Plus to query with them why there is a Cabot reference number on every page of the reconstituted Agreement. Thanks

[echat11]

Thanks echat11 - so how do I keep Cabot at bay from any further action whilst I do a SAR with the credit card company.? Do I write and tell Cabot that I have requested further info and want the account put on hold? Plus to query with them why there is a Cabot reference number on every page of the reconstituted Agreement. Thanks

Write to them and tell them you are seeking advice and further information and request they put the account on hold for 30 days.
Make sure you get Proof of Postage.

[Beth888]

Hello echat11 - by writing to Cabot and asking them to put the account on hold and contact me only via the post, am I in some way acknowledging the debt? Many thanks

[echat11]

Hello echat11 - by writing to Cabot and asking them to put the account on hold and contact me only via the post, am I in some way acknowledging the debt? Many thanks

You want them to hold off doing anything whilst you get more information, so you need to communicate with them, if you want to, write 'alleged debt' in the letter.

Thing is you aren't disputing you had an account, but you believe the account might be 'unenforceable' because the documents they sent may not comply with CCA 1974.

[Beth888]

Many thanks echat11 - really appreciate all your advice, will update here when I receive the information.