Cabot financial chasing payment for sky

[beana132]

Hi

My partner has received two letters from Cabot financial for two separate contracts with sky for early termination charges and usage. He has never had sky but he knows his ex partner had sky when he left her. The letters have come to my address we have only lived here a year. We contacted Cabot to say we know nothing about the contract and they told us we have to pay it as it is in my partners name. They would not tell us the property the contract was held at. When I contacted them for a cca under the consumer act 1974. They sent him a letter saying "please be advised your agreement with sky is a contract for communication services and is not based on credit, as the usage is paid on a monthly basis. Subsequently it is not regulated under the cca and your request is not applicable."Then advised him to contact the collections department to pay. Is this correct and can they still enforce the alleged debt when they have not provided details?

Many thanks guys. 😕

[nemesis45]

Re: Cabot financial chasing payment for sky

Good evening,
Telecoms/TV/ Broadband are all service contracts Not Credit Agreements therefore CCA 1974 does not apply.

His way forward is to send Cabot a " prove it" letter ( template in the forum library) IF this reaches a court claim#
then documentary proof will have to be disclosed by due process.

nem

[beana132]

Re: Cabot financial chasing payment for sky

So i only request more information if they send a ccj to him then?

[R0b]

Re: Cabot financial chasing payment for sky

I think the first question to ask is whether or not Sky was in his name, surely he must be able to recall that? If he really cant recall, I would first suggest contact Sky give them postcode/address and his name to see if he is on the system, if he is then he should ask the latest activity on the account. They should confirm whether there is an outstanding balance and how much for.

I would also put Cabot on notice and send a response of their unreasonable conduct/behaviour in refusing to provide details of the alleged debt owed. They should be able to confirm the address the contract was held at and also the name so that he can consider his position. You should state and remind Cabot that in accordance with the protocols of pre-action conduct, the court expects both parties to have exchanged sufficient information to understand each other's position (this would include sharing documents such as contract and details of the property sky was at) as well as reducing the costs of resolving the dispute (PDPAC see paragraph 3, 6 & 13-16). Point out that by failing to comply with PDPAC, he reserves the right to draw this letter/email to the attention of the court in relation to Cabot's unreasonable conduct by failing to disclose sufficient information when it comes to any award of costs if legal proceedings are commenced.

If the account is in his name then Sky should find the account with postcode/address, if they say they cannot, then it's unlikely to be in his name.