No CCA but threatening legal action - what next?

[HelenaTroy]

Hi folks

I wrote to Cabot over a year ago - 12th January 2008 - with a
CCA request.

Over the following few weeks I received three standard letters from them stating the O/C was still looking for the info.

Then at the end of March Cabot sent a fourth letter stating that the
O/C was "not able to locate" the info I was requesting, and they invited
me to contact the O/C myself - which I never did.

Fast forward a year - then out of the blue last week, I received a letter from their in-house solicitors - Morgan - requesting I contact them to discuss
payment plans to prevent litigation.

I sent Morgan's a letter by Recorded Delivery stating that account was in dispute etc and am just waiting to hear back from them.

What I need to know today is, can I complain to anyone about Cabot/Morgan, threatening litigation while the account is in dispute.
If so, who do I complain to (Trading Standards, OFT??) and what do I write?
(is there a template for such a thing?)

Thanks in advance.
HelenaTroy

[Curlyben]

Re: No CCA but threatening legal action - what next?

Once (IF) you hear back from Morgans then we'll do something.
To be honest, as long as you have all the paperwork, they are completely stuffed and even if they do start litigation it can be easily defeated.

As for reporting them, well CCA issues are dealt with by TS for starters and then onto OFT.

Sounds to me like your file has floated to the top of the "harass" pile again. We should be able to sort this out quite easily.

Have a read of this thread for some useful pointers: Consumer Credit Agreements - A Guide - Legal Beagles

[HelenaTroy]

Re: No CCA but threatening legal action - what next?

Thanks Curlyben

I'll get back to you if/when they contact me again.

HelenaTroy

[HelenaTroy]

Re: No CCA but threatening legal action - what next?

Curlyben

In response to my letter to Morgan's last week, I today received
a letter from Cabot.

Cabot state that they have made a request to the O/C for a copy
of my credit agreement and statements.
However, they didn't state whether or not that was still the original request
they made 16 months ago, that they were still waiting for, or whether they have made a fresh request to the O/C.

Any ideas how the procedure for that works?

Also, I can now see that the debt they are chasing is for a
Ventura Club 24 loan.

Any idea how good Ventura (or whoever they are) are at finding
old credit agreements?

Although if they didn't find it last year, maybe they won't find it this year,
or maybe they'll just make one up - they wouldn't do that, would they?

Thanks again
HelenaTroy

[Curlyben]

Re: No CCA but threatening legal action - what next?

Until Cabot comply with your request the account is in default and they CANNOT take any further action. Although this wont stop them attempting to set their legal monkeys on you, as you have already seen.