So I can send them a non-compliance letter and see what they say / do which could be 1. Restate that it is compliant and start the barrage of letters 2. Look at it and realise the obvious mistake - correct it and resend therefore making it compliant There are a couple of other things having read it again that look wrong to me 1. Section 3 has some figures for charges for credit - which might just be an example though it does not state this - either way, I do not know what it refers to 2. There are 3 stated conditions of my rights but further on the document refers to the 4 conditions above - one missing it seems If they fix these then they can enforce the debt it seems.

After a number of weeks I have received response from Cabot to my S.78 request. - My question is - does it comply with the requirements of the request and is therefore enforceable? Received: Reconstituted True Copy of Credit Agreement Statement of acct T&Cs From another forum I believe they should send A S78 Request must contain A copy of the original agreement or if not available a copy of what the agreement would have looked like A copy of terms and conditions at the time the debt was taken out A copy of terms and conditions at default/current A signed statement of account i.e amount owed and state of the account, not a list of all transaction Any other documents referred to in the agreement . The agreement sent contains my name and address now - not my address when the agreement started - does this matter? I have no way of validating if the agreement is a copy nor if the T&Cs are from the time acct started (pre 2006) They also point out they consider the agreement fully enforceable and can obtain a CCJ if needed.......etc. Options as I see them If the agreement should show my address at the time the agreement was made then the details send to me in theory would not comply with the request - is that correct? If it is, I could ignore them and see how it proceeds but probably better to send follow-up for non-compliance. But if all they need to do is amend the address and send again - can they do this if they worked out what was wrong with it? If we ended up in court - would this de deemed non-enforceable because of the address? Seems like my options are somewhat limited but hopefully others will have views on this thanks in advance.

Hi The acct was originally opened in 2004. So cabot are likely to buy a debt of over 10k without validating it is enforceable first? I can raise the s78 and see where we go with it. Regards Outadebt.

Hello I have / had a credit card debt with Halifax which was defaulted over 5 years ago which I have been paying a small amount since direct to Halifax (debt is still in 5 figures). For some unfriendly reason the Halifax recently sold the debt to cabot. I received a letter from Halifax and in the same envelope was a letter form cabot also - so I do believe the debt has infact been sold and my credit file does show the Halifax acct as 'settled'. My questions though is it worth sending cabot a s77/78 request before I start paying them? having brought this debt, as it is a large amount I would expect they want to know they can legally claim it before doing so? The amount stated on their letter is also wrong (in their favour) by a small amount, but could just be as payments / letters have crossed. And if I do want to make payments, why do they not have their bank details on the website - they are essentially forcing people to make contact. I suspect I will have to continue paying this debt down (which is fine) but as is the case, just want to ensure it is all legal before doing so - thoughts appreciated. Regards Outadebt (oneday)

Thanks for the confirmation, I thought there had to be more to it, though it sounds like they have complied but not if it reached the courts (its possible they forgot to put the agreement piece in). I will now send the DCA a suitable go away letter.

Hi Can anybody assist please. I have received the following from TPF in response to a CCA request (sent to a DCA and passed on). So this is the T&C's or does it also cover the T&C's and copy agreement (which is suggests it does at the start of page 1. I also received a copy statement i.e. a typical monthly statement you would receive. I did not think TPF had complied so I queried this with them and they responded with a letter, most of which is irrelevant but the bit where they protest that they have complied is "When responding to requests under S78 we are compliant if we provide a 'true copy' of the agreement in accordance with Regulations 3(2) and 7 (1) (b) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. This means that there is no obligation for us to provide a copy of the original agreement bearing signatures. Additionally, under Regulation 3 (2) a 'true copy' does not need to contain all personal information relating to the borrower, nor does it need to include a signature box or dates of signatures. We have supplied a copy of the credit agreement that you agreed to after which you then received your credit card. We have also supplied a copy of the original and current Terms and Conditions of that card product with the prescribed terms and a stitement showing the outstanding balance." Confirmations appreciated. scan0001.pdf

Hi Just a tad confused as I have almost exact same letter and am unclear if TPF have sent me required details to comply with a S78 request. As per the attached letter, they state We have supplied a copy of the credit agreement that you agreed to after which you then received your credit card. We have also supplied a copy of the original and current Terms and Conditions of that card product with the prescribed terms and a stitement showing the outstanding balance. What I have is a copy statement and the T&C's but no Credit Agreement, so can the T&C's pass also for a copy credit agreement or am I correct in thinking they have failed to comply as this has not been included?

The default was entered by the OC. It does bother me because it is a bassis of judgement over me to new lenders in the future which is not who I am.

So it would appear my next move then is as I can't get the current DCA to prove their claim is to try a F&F negotiation with removal of default.

So it would appear my next move then is as I can't get the current DCA to prove their claim is to try a F&F negotiation with removal of default.

Can't recall when I opened it but it is around 6 years now though default around 1 year back.

What I received was a statement (essentially what you received monthly for a credit card) plus a copy of the T&C's from the time the account was opened. So it suggests they have complied then, so the DCA do have the 'right' to collect but it just seems wrong that there is no proof that they do.

Thanks for your help on this. Specific situation is been passed round half a dozen DCA's and never received a 'correct' in my opinion CCA from the original lender, though they dispute this, so each DCA states that I have already received it, but clearly not via the current DCA. So are they correct in saying I have already have it in which case, again, how do I get the current DCA to prove the right to collect?

Ok, so what if you send a CCA to one DCA then the debt is moved to another DCA, I assume you can CCA again.

So it would appear then that if the situation is the DCA is attempting collection on behalf of the original lender then the CCA needs to go to that lender and not the DCA - so how then does one get the DCA to prove they have a right to attempt collection? Also, what if the DCA changes from one to another (as keeps happending)?