Cabot / Various

[TashaGirl]

and number 3....

 

Cabot DCA for:

 

2 x Halifax credit cards

2 x Lloyds TSB credit card

1 x Goldfish Bank credit card

1 x Barclaycard credit card

1 x Creation store card

1 x Lloyds TSB loan

 

The reply to my CCA letter (covering all these together)

 

"Thank you for your requests for information under the Consumer Credit Act 1974 ("CCA"). Cabot Financial currently does not have this information on file. However, we have requested the relevant information under section 77/78 of the CCA from the original lenders. We anticipate that we will be able to provide this information within 40 days. In the event we are unlikely to obtain this information within those time limits, we will write to you again."

 

My CCA letter was posted on Thursday 22nd August.

 

Any advice, next steps would be very much appreciated.

 

Thanks

TG

[wiseajak]

40 days? Pfft!

 

They legally get 12+2 days to get the CCA and furnish you with a copy. After thats its a failiar to comply with request letter off to them.

 

They have to do this within 12+2 days and they know it.

So if after 12 days and 2 days alowance for them to get it they havent sent u anything back

 

NO CCA=NO PAY

And send a failiar to comply letter.

 

Simples

[filrobbo]

Just wait to see what comes back but I bet you got loads of charges added on those debts.

[wiseajak]

Also when was the last payment or aknowledgement on these debts?

 

If u havent paid anything or aknowledged in writing any off these with in 6years of its default date its is staure barred and you dont have to make any payments towards these.

To find that out you need to send a SAR at a cost of £10.

 

This may be irelevent but just thought id ad this too in case it may apply.

[filrobbo]

I think you may have t send a SAR to find what's been added on in charges unless you have all the statements ,if Cabot have bought these debts you can bet they are unforsable

[TashaGirl]

If I don't hear anything in 12+2 days and send a failure to comply letter, does that mean the debts are unenforceable ? Nothing will be statute barred as we've been in a DMP for years.

[BRIGADIER2JCS]

OK this 40 day nonsense for CCA request must be nipped in the bud quickly

I suggest the following letter to;

Neil Clyne

CEO

Cabot Financial Europe;

 

Date:........................:

 

 

Ref: use the one on Cabots Letter

 

 

FORMAL COMPLAINT:

 

Dear Mr Clyne,

 

This is a formal complaint regarding misleading and totally incorrect responses from Cabots 'staff' in regard to lawful requests made under sections 77/78 of The Consumer Credit Act 1974 (as amended) for the production of a true copy of a regulated consumer credit agreement, as you will be aware, or should be the tine scale laid down in the Act for compliance with such a request is 12 + 2 Working Days from the date on the request.

 

Either because of incompetence or deliberate attempts to pervert the provisions of the Act Cabot is stating that it 'hopes to comply within 40 days' this is of course the time scale for a Subject Access Request.

 

I am sending copies of Cabot correspondence with formal complaints to the OFT /FCA immediately.

 

I DO NOT expect this serious complaint to be handed to the department that has been making this error and I require a reponse from you as CEO.

[TashaGirl]

Thanks Brigadier

 

It shall be posted on Monday morning. Presumably I still need to send failure to comply letter too after the 12+2 days assuming they don't produce anything ?

 

If after all the letters I hear nothing, what happens - can they still pursue us for the debt ?

[BRIGADIER2JCS]

Hi Tasha Cabot have dropped them themselves in the crap so yes non compliance letter/account in dispute dead on the 12+2 day limit, no leeway

[fkofilee]

Can i just clarify here... its only a SARs request that takes 40 days... as they must compile all the info and my have to supply this from other sources...

a CCA request is solely asking for the agreement that has been issued by the creditor, etc so them quoting 40 days for a CCA request... Bull****

 

Brigadier is right...

Edited August 31, 2013 by fkofilee
Oops, Typing Too Quickly...

[BRIGADIER2JCS]

SAR 40 Calendar Days

CCA Request 12+2 Working Days.

[fkofilee]

SAR 40 Calendar Days

CCA Request 12+2 Working Days.

 

I was typing way to quickly haha. Thats what I meant on this one.

[TashaGirl]

Thanks for the clarification - hadn't noticed the 12+2 is working days before. So I posted on 22nd August, that means I need to hear by Thursday 12th September ?

[filrobbo]

Yep have you prof of posting

[TashaGirl]

I do indeed