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Cabot debt

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  • #16
    Hi Matty B,

    Many thanks for your reply.

    With Cabot I am wary of their need to go back too M&S for the documents. Which gives me the thought that they need evidence in their right of ownership.

    Of late Cabot have been very quite. Usually I get a call from them once a year and usually I get a copy of the years payments. In the case of 2020 nothing from them.

    I am looking to your teams guidance in what I can expect if as I assume M&S in 2006 may have removed any details and Cabot invent some document.

    Exporto have gone into receivership of which Cabot gave authority to request payments etc though Cabot have since done the requesting.

    Comment


    • #17
      Hi,

      I correct my last message regarding M&S it was 2013 not 2006.

      Comment


      • #18
        Hi,

        Today I have received a letter from Cabot as follows.


        "Mr , an update on your request

        We're still processing your request and have contacted the original lender for

        the relevant information.

        Until we're able to provide this information, your account is unenforceable. This means we're not permitted to obtain a County Court Judgment against

        you.

        Whilst we cannot pursue legal action, your balance remains outstanding

        What happens next?

        Your CCA request is being handled by a member of our Customer Care Team, they will mail you the requested information once we have received it."




        "
        Last edited by Clive23; 28th February 2021, 09:19:AM.

        Comment


        • #19
          delete your name

          Comment


          • #20
            Hi,
            I am still waiting from Cabot details of my two requests. In particular to their request to M&S for details. For me I feel Cabot are just sitting on their hands. But I would welcome some advice from the legal panel.

            Comment


            • #21
              Originally posted by Clive23 View Post
              Hi,
              I am still waiting from Cabot details of my two requests. In particular to their request to M&S for details. For me I feel Cabot are just sitting on their hands. But I would welcome some advice from the legal panel.
              I guess this is self-explanatory. Until we're able to provide this information, your account is unenforceable. This means we're not permitted to obtain a County Court Judgment against

              you.

              Whilst we cannot pursue legal action, your balance remains outstanding.

              Comment


              • #22
                Originally posted by Clive23 View Post
                Hi,
                I am still waiting from Cabot details of my two requests. In particular to their request to M&S for details. For me I feel Cabot are just sitting on their hands. But I would welcome some advice from the legal panel.
                There isnt any real penalty if they do sit on their hands, so its in their court so to speak, Even if they do reply that wont be the end of the matter, in fact that will be where the fund begins as you will need to look at the agreement, find any faults etc.
                I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                If you need to contact me please email me on Pt@roachpittis.co.uk .

                I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                You can also follow my blog on consumer credit here.

                Comment


                • #23
                  Hi All,

                  I am a little confused with the info from your good selves..

                  My thrust is the situation that once Cabot can not get the information from my requests of the 2nd and 3rd of February (CARS & SARS)

                  Which I believe they have exceeded the time limits. But if eventually they can not prove they got from M&S under the Consumer Credit Act 1974.

                  It would be my intention to agree a settlement figure (much lower than they profess) and not continue with this company. If they feel uncomfortable with their dealings.

                  I am a person that likes information up front and I see Cabot as a scourge on a number of innocent people. M& S unloaded the loan at a time M&S was getting cold feet at the time. But I need guidance from more qualified people than myself.

                  Comment


                  • #24
                    Hi All,

                    I have now sent a letter of Complaint to Cabot saying they have not complied with my CAR and SAR request.

                    I have also found out that the average purchase that Cabot had in 2013 was 11p in the pound.

                    Now I need advice how to proceed with this company.

                    Do you go Financial Ombudsman route or do you try to deal with Cabot on a settlement much lower than they say I owe.

                    What power does Cabot have over me if I just reduce the payments to £3 pm on the basis that they have no complied with the CAR and SAR request. (debt is unenforceable)

                    Your guidance would be appreciated.

                    Comment


                    • #25
                      Originally posted by Clive23 View Post
                      Hi All,

                      I have now sent a letter of Complaint to Cabot saying they have not complied with my CAR and SAR request.

                      I have also found out that the average purchase that Cabot had in 2013 was 11p in the pound.

                      Now I need advice how to proceed with this company.

                      Do you go Financial Ombudsman route or do you try to deal with Cabot on a settlement much lower than they say I owe.

                      What power does Cabot have over me if I just reduce the payments to £3 pm on the basis that they have no complied with the CAR and SAR request. (debt is unenforceable)

                      Your guidance would be appreciated.
                      Pity you do not want them to find the items???? before you continue look around the site and see exactly how cabot operate, forget FOS as you do not want the items found,

                      no CCA no pay, even if they supplied one is it enforceable or not does it contain all required elements? as Paul has mentioned above? > that is only one area there are many other aspects of documentation has to be correct! do not contact cabot whilst items out standing, before jumping the gun always up date this thread for peeps to advise, unless you give up before starting ! you state CAR? SAR is 30 days what were you hoping to find there?
                      Last edited by MIKE770; 19th March 2021, 08:08:AM.

                      Comment


                      • #26
                        When you say CAR do you mean CCA request? Is it autocorrect gone mad?

                        Why would you pay at the moment if they are in default of a CCA request?

                        Looking around companies are taking longer than usual to respond to CCA requests and probably SAR requests as well which I think any regulator might think reasonable if staff are working from home or on furlough. Look at it this way, would you want all your personal details on my computer? (If I was working from home and worked for Cabot).

                        Finally I really would give up on what Cabot paid for the debt, it will make no difference to what they do unless they take a commercial decision to accept say 20p in the £ when they paid 10p

                        Comment


                        • #27
                          Hi All,

                          Can I confirm from your details above.

                          1)Forget FOS.
                          2) Wait to see the CCA and then gives details of it's contents to this page.
                          3)Do not start any discussions with Cabot until item 2 is discussed on this forum.
                          4) Currently still paying Cabot monthly standing order.

                          From your guidance it does not look that promising of a happy time with Cabot. I have seen some people at their wits end with this company.

                          Thank you both for your help so far.

                          Comment


                          • #28
                            Once you realise it is ‘only money’ and play them at their own game it is easier. Get the cca request off, see what comes back. Respond to letters only if you have to and do not talk to them
                            on the phone.

                            It will get better.

                            They can’t have what I ain’t got

                            Comment


                            • #29
                              By the way it is quite possible that Cabot may write back saying they are waiting for the documents and it can take years to get them. Alternatively they may send a recon which may or may not have the right address on it. I got one back with my current address and not the address where I was living at the time

                              Comment


                              • #30
                                Hi All,

                                Received today my SAR request with CD very thick details. With M& S Credit details..

                                Do I now await for CCA details or whot should I find from the SAR documents?

                                Comment

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