Cabot Financial CCA reply

[Bazza]

Sent CCA request 6th June
Received reply from Cabot 11th June letter dated 9th June.

They acknowledge my request but do not have the information on file but will request from the original lender.

They also state that they are aware that the 12 day time limit applies otherwise the debt is unenforceable but because of the above they anticipate that they will be able to provide details within 40 days ? If not they will write to me again.

Well as of today still no reply or any submission of details. Is it 40 calender days or working days ?

If the former do I just do nothing or should I send them something regarding the failure to comply ?

Thanks for looking.

[FlamingParrot]

Re: Cabot Financial CCA reply

Sent CCA request 6th June
Received reply from Cabot 11th June letter dated 9th June.

They acknowledge my request but do not have the information on file but will request from the original lender.

They also state that they are aware that the 12 day time limit applies otherwise the debt is unenforceable but because of the above they anticipate that they will be able to provide details within 40 days ? If not they will write to me again.

Well as of today still no reply or any submission of details. Is it 40 calender days or working days ?

It's neither, it should be 12+2 working days, you have received one of Cabot's template responses to ALL CCA requests where they seem to have got a little confused, since 40 days are allowed for a SAR, no a CCA request. :confused2: :noidea: Cabot have been sending those responses to everyone but most requests have come from people who have been taken to court by them.

In most of those cases, even when they've issued a claim, they've been unable to come up with anything long after the 40 days. There's been a few exceptions but not many.

If the former do I just do nothing or should I send them something regarding the failure to comply ?

Thanks for looking.

I'd just leave it for now, as I've said to most of those who have received the letters, non-compliance with a CCA request is a bar to enforcement as long as the breach remains.

I believe in letting puppies snooze quietly away, however, if you hear from Cabot or someone else acting on their behalf, then I would just point out to them that they are in default of your CCA request from June 6th. :thumb:

Do keep us posted as soon as you hear anything. :ranger:

[nemesis45]

Re: Cabot Financial CCA reply

Sent CCA request 6th June
Received reply from Cabot 11th June letter dated 9th June.

They acknowledge my request but do not have the information on file but will request from the original lender.

They also state that they are aware that the 12 day time limit applies otherwise the debt is unenforceable but because of the above they anticipate that they will be able to provide details within 40 days ? If not they will write to me again.

Well as of today still no reply or any submission of details. Is it 40 calender days or working days ?

If the former do I just do nothing or should I send them something regarding the failure to comply ?

Thanks for looking.

40 Calendar Days after the 12 +2 Working days this 40 days Cabot quotes has no meaning
whatsoever under statute ,guidance or regulation if no response by Monday write to Cabot
saying you consider the matter closed and they are to cease further contact, or just leave
Cabot totally alone, only trouble is Cabot are prone to " dirty " tricks like claiming they've
had no response from an alleged debtor and going straight to a CC Claim.


nem

[Bazza]

Re: Cabot Financial CCA reply

It's neither, it should be 12+2 working days, you have received one of Cabot's template responses to ALL CCA requests where they seem to have got a little confused, since 40 days are allowed for a SAR, no a CCA request. :confused2: :noidea: Cabot have been sending those responses to everyone but most requests have come from people who have been taken to court by them.

In most of those cases, even when they've issued a claim, they've been unable to come up with anything long after the 40 days. There's been a few exceptions but not many.


I'd just leave it for now, as I've said to most of those who have received the letters, non-compliance with a CCA request is a bar to enforcement as long as the breach remains.

I believe in letting puppies snooze quietly away, however, if you hear from Cabot or someone else acting on their behalf, then I would just point out to them that they are in default of your CCA request from June 6th. :thumb:

Do keep us posted as soon as you hear anything. :ranger:

Thanks again FlamingParrot and I will do.

:tinysmile_twink_t2:

[Bazza]

Re: Cabot Financial CCA reply

40 Calendar Days after the 12 +2 Working days this 40 days Cabot quotes has no meaning
whatsoever under statute ,guidance or regulation if no response by Monday write to Cabot
saying you consider the matter closed and they are to cease further contact, or just leave
Cabot totally alone, only trouble is Cabot are prone to " dirty " tricks like claiming they've
had no response from an alleged debtor and going straight to a CC Claim.


nem

Thanks nem

Probably wait until Monday to see if I receive anything further otherwise if not I will send a reminder by recorded delivery that they have defaulted.

If they did proceed with a CC Claim surely it would be unenforceable if no agreement can be provided.

When I sent a SAR a few years ago to the OC re my PPI complaint, one could not be produced. Debt has been passed to various DCA's and Cabot being the latest.

[nemesis45]

Re: Cabot Financial CCA reply

Thanks nem

Probably wait until Monday to see if I receive anything further otherwise if not I will send a reminder by recorded delivery that they have defaulted.

If they did proceed with a CC Claim surely it would be unenforceable if no agreement can be provided.

When I sent a SAR a few years ago to the OC re my PPI complaint, one could not be produced. Debt has been passed to various DCA's and Cabot being the latest.

Unfortunately it doesn't stop Crapbot from issuing in the hope that " something will turn up" e.g. a cobbled together reconstituted agreement Bazza.

nem

[Bazza]

Re: Cabot Financial CCA reply

Unfortunately it doesn't stop Crapbot from issuing in the hope that " something will turn up" e.g. a cobbled together reconstituted agreement Bazza.

nem

Thanks again Nem.

Ok but even if it was pre 2007 ? Sorry forgot to mention that and that I am also still making agreed monthly payments towards debt with interest frozen.

I am just trying to decide whether to continue paying. There's not a large balance outstanding but I am trying to address my finances at the moment.

[FlamingParrot]

Re: Cabot Financial CCA reply

Thanks nem

Probably wait until Monday to see if I receive anything further otherwise if not I will send a reminder by recorded delivery that they have defaulted.

If they did proceed with a CC Claim surely it would be unenforceable if no agreement can be provided.

When I sent a SAR a few years ago to the OC re my PPI complaint, one could not be produced. Debt has been passed to various DCA's and Cabot being the latest.

Thanks again Nem.

Ok but even if it was pre 2007 ?

To clarify, there are two separate sections of the CCA involved here:

Ss.77-78 refer to response to a CCA request. The account is unenforceable for as long as they are in default of your request, however, this breach can be remedied at any time by supplying you with the documents. There's been no changes to these sections so they apply equally to pre- and post- 2007 accounts. If they haven't been able to produce the documents in the past they may not be able to do so now. Personally I don't think it will make much difference whether a reminder is sent or not, they are already aware that you have requested the documents unlike many others on here who never did until they got a claim. :scared:

s.127(3) was repealed with effect from April 2007. This section prevented a court from enforcing an account unless there had been a properly executed agreement containing all prescribed terms to start with. This refers to what you signed (or didn't as the case may be) at the time you took out the card or loan. For pre-April 2007 accounts, if you didn't sign an agreement containing all the terms at the time, that would make the account irredeemably unenforceable. :thumb:

[Bazza]

Re: Cabot Financial CCA reply

To clarify, there are two separate sections of the CCA involved here:

Ss.77-78 refer to response to a CCA request. The account is unenforceable for as long as they are in default of your request, however, this breach can be remedied at any time by supplying you with the documents. There's been no changes to these sections so they apply equally to pre- and post- 2007 accounts.

s.127(3) was repealed with effect from April 2007. This section prevented a court from enforcing an account unless there had been a properly executed agreement containing all prescribed terms to start with. This refers to what you signed (or didn't as the case may be) at the time you took out the card or loan. For pre-April 2007 accounts, if you didn't sign an agreement containing all the terms at the time, that would make the account irredeemably unenforceable. :thumb:

Thanks for the clarification Nem.

Especially the second point as I have just received a response from Barclaycard (another failed CCA request) mentioning something like that.

[FlamingParrot]

Re: Cabot Financial CCA reply

Thanks for the clarification Nem.

You're very welcome, although I'm not Nem.

Especially the second point as I have just received a response from Barclaycard (another failed CCA request) mentioning something like that.

Barclays are notoriously bad at retrieving old agreements. What did they mention? It would be unusual for a bank to admit that an account could be UE under s.127(3), they are more likely to admit that the account could be UE under s.78 because that can be remedied if they find the document (not that Barclays would).

A couple of months ago someone I know appeared in court against MKDP who had bought their old Barclaycard account and the judge ruled it irredeemably unenforceable (s.127(3)). :clap2: :clap2:

[Bazza]

Re: Cabot Financial CCA reply

You're very welcome, although I'm not Nem.


Barclays are notoriously bad at retrieving old agreements. What did they mention? It would be unusual for a bank to admit that an account could be UE under s.127(3), they are more likely to admit that the account could be UE under s.78 because that can be remedied if they find the document (not that Barclays would).

A couple of months ago someone I know appeared in court against MKDP who had bought their old Barclaycard account and the judge ruled it irredeemably unenforceable (s.127(3)). :clap2: :clap2:

Lol FlamingParrot do apologise but both have been most helpful.

I might post up edited response from Barclays if you don't mind looking. It seems to be the normal response by all accounts.

[nemesis45]

Re: Cabot Financial CCA reply

Thanks again Nem.

Ok but even if it was pre 2007 ? Sorry forgot to mention that and that I am also still making agreed monthly payments towards debt with interest frozen.

I am just trying to decide whether to continue paying. There's not a large balance outstanding but I am trying to address my finances at the moment.

Obviously in your case Baza SB is not going to happen, depending on the level of outstanding balance which is what Cabot will look at + costs if they feel they have a chance of balance + cost they might just try.

The are so many court claims (Lowell, Cabot, Compello (MKDP) ) coming up on quite small debts one here today for just £150.

It's very hard to judge at the moments what and DCA/Debt Purchaser may do to rake in a few quid, possibilities in new regulation from the FCA maybe changes in court fees again making it less attractive to litigate on small sums + greater consumer awareness could be behind this growth in litigation.

nem

[Bazza]

Re: Cabot Financial CCA reply

Obviously in your case Baza SB is not going to happen, depending on the level of outstanding balance which is what Cabot will look at + costs if they feel they have a chance of balance + cost they might just try.

The are so many court claims (Lowell, Cabot, Compello (MKDP) ) coming up on quite small debts one here today for just £150.

It's very hard to judge at the moments what and DCA/Debt Purchaser may do to rake in a few quid, possibilities in new regulation from the FCA maybe changes in court fees again making it less attractive to litigate on small sums + greater consumer awareness could be behind this growth in litigation.

nem

Cheers Flaming..............sorry Nem

My debt outstanding is in the region of £1,000 so I will not rush into anything at the moment.

Cheers Bazza

P.S. I have just posted up my Barclaycard reply under a new thread. :tinysmile_twink_t2:

[FlamingParrot]

Re: Cabot Financial CCA reply

Lol FlamingParrot do apologise but both have been most helpful.

I might post up edited response from Barclays if you don't mind looking. It seems to be the normal response by all accounts.

No worries

Yes, would be interesting to see it...