Cabot reckon they found Credit Card CCA BUT it is dubious

[angry cat]

IGNORE>>Totally agree!

AC

[angry cat]

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

[angry cat]

This is typical of Cabot!

 

Clearly, they have not even fulfilled their obligations under s78 CCA. However, they state that:

 

"I have 14 days to reply and if no reply I will be sanctioned by the court (the overriding objective),"

 

I take the view that, the overriding objective, works both ways;

Cabot must put up or, shut up!

 

Comply fully with your s78 CCA Request...and any other document referred to in it!

Together with a statement of account.

 

Cabot are employing Unfair Practices and attempting to mislead a consumer, you.

 

If they continue to use these covert tactics, report them to the OFT.

 

You may have to use the CPR's yourself to obtain disclosure, if they continue to ride a coach and horses over your consumer rights.

 

Do cabot hold a trur copy of the executed credit agreement that embodies all the prescribed and required terms?;

 

have Cabot provided the inception terms and conditions that fiorm part of that credit agreement?

 

have Cabot provided a statement of account, together with the post contractual statement(s) CCA 2006:;

 

are Cabot the Creditor?;

 

was the account legally assigned to Cabot?;

 

if so, have Cabot provided documentary evidence proving that the account was legally assigned?

 

AC

[angry cat]

PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS - Ministry of Justice

[angry cat]

In reality, you should write once again to Cabot; pursue them for full compliance under their obligations of your s78 CCA Request.

 

If they fail to meet their legal obligations, then you can twist their arm and;

 

Use CPR Part 31.16:

PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS - Ministry of Justice

 

CPR 31.16 is used for disclosure before proceedings start.

 

Please do not be panicked into starting proceedings against them; not necessary!

 

Always better to defend...

make Cabot do the running around.

 

AC

[angry cat]

At the end of the day, they should not even contemplate taking any Court action against you, until they have fulfilled the requirements of your legal request under s78 CCA:

 

A true executed copy of the alleged credit agreement;

the inception terms and conditions of that credit agreement;

statement of account and;

PPI (if applicable) documents.

 

The DCA (debt buyer) involved knows this!

 

Re: any CPR disclosure request, you are entitled to the documents that the claimants case relies upon, in order to either defend or, counter-claim.

[angry cat]

It would be of benefit if you could post up a copy of the document.

[angry cat]

Agree, you are worrying too much.

Please bear in mind that, firms such as Cabot delight in making consumers run around like headless chickens...they want you to act like: a headless chicken!

As stated prior, if you wish you can pursue them once again by sending another letter but after that, leave Cabot to think about their LEMON.

[angry cat]

Let us all remind Cabot and their in-house solicitor (Morgan) about, the courts overriding objective:

PART 1 - OVERRIDING OBJECTIVE - Ministry of Justice

a) ensuring that the parties are on an equal footing.

Perhaps, Messrs. Cabot and their in-house solicitor: Morgan solicitors, would be kind enough to FULLY comply with your legal request under s78 of the Consumer Credit Act 1974, prior to attempting to mislead you.

If I were you, then I would write once again to Cabot.

stating that you are of course, mindful of the courts overriding objective.

However, at this point in time Cabot have failed to supply you with all the documents that they are legally obligated to provide to you.

keep your letter short, sharp and to the point.