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Hello. I was pursued by Cabot Financial for an amount of £2437.38 which I do not acknowledge at all or even recognise, having no account with them nor having ever held one with the Royal Bank of Scotland (hereinafter ‘RBS’) who they claim to be the "original lender".
On 12th July this year I wrote asking them for the documentation, including the following extract from my letter:
"1. You must supply me with a true signed copy of the alleged agreement they refer to or implied. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) – your obligation also extends to providing a statement of account. I enclose, via a UK bank, £1 in payment of the statutory fee for this.
2. You must supply me with a signed true copy of the deed of assignment (if any such exists – since I do not know your company and you certainly are not a recognised creditor of mine), of the above referenced agreement that you or your agents presumably allege to be extant.
You are notified that you are obliged to supply these documents, whether you are or claim to be the original creditor or not, under S189 of the CCA 1974.
…SNIP…
… if I do not receive by 4th August 2010 at (my address here) evidence that I owe your company any monies, I will have no hesitation in passing your details to the Office of Fair Trading. "
They replied on 23rd July 2010 saying they would obtain this. There were a few more letters exchanged. On 1st September they wrote again, saying:
"Unfortunately Cabot has not been able to provide you with the requested information within the relevant time period".
No more has been heard from them. I did write on 1st October saying: "Since another month has been accorded and you still have not been able to provide the requested documentation, I suppose it is time to take action" – but my question here is:
Do our experts here, or those who themselves have had experience of Cabot Financial, consider that I should indeed continue on the offensive and report Cabot to the OFT, or should I rather 'let a sleeping dog lie' since they have failed to provide anything and cannot continue to harass me under these circumstances?
Regards, the Maintopman
On 12th July this year I wrote asking them for the documentation, including the following extract from my letter:
"1. You must supply me with a true signed copy of the alleged agreement they refer to or implied. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) – your obligation also extends to providing a statement of account. I enclose, via a UK bank, £1 in payment of the statutory fee for this.
2. You must supply me with a signed true copy of the deed of assignment (if any such exists – since I do not know your company and you certainly are not a recognised creditor of mine), of the above referenced agreement that you or your agents presumably allege to be extant.
You are notified that you are obliged to supply these documents, whether you are or claim to be the original creditor or not, under S189 of the CCA 1974.
…SNIP…
… if I do not receive by 4th August 2010 at (my address here) evidence that I owe your company any monies, I will have no hesitation in passing your details to the Office of Fair Trading. "
They replied on 23rd July 2010 saying they would obtain this. There were a few more letters exchanged. On 1st September they wrote again, saying:
"Unfortunately Cabot has not been able to provide you with the requested information within the relevant time period".
No more has been heard from them. I did write on 1st October saying: "Since another month has been accorded and you still have not been able to provide the requested documentation, I suppose it is time to take action" – but my question here is:
Do our experts here, or those who themselves have had experience of Cabot Financial, consider that I should indeed continue on the offensive and report Cabot to the OFT, or should I rather 'let a sleeping dog lie' since they have failed to provide anything and cannot continue to harass me under these circumstances?
Regards, the Maintopman
Ame xx
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