Credit Agreement provided after 3 months

[Flavio]

I first requested my Credit Agreement from Cabot at the end of October 2006. Now after 3 months cabot have finally sent a photocopy to me. As far as I know that under the Consumer Credit Act, cabot have broken the law by not providing me with my agreement within the time limit.

 

Can cabot now enforce payments? Or can I do anything about them breaking the law?

 

I also dispute the amount of money that they say I owe them.

 

Any suggestions would be really appreciated.

 

Thanks Alot!

[spotnot]

By rights they should go to court to get the credit agreement 'activated' again. However, this won't stop them from harassing you. You could always write to them and tell them that they are in default and that they need to go to court to get the order enforced, or just let them dig a big deep hole. If they try to take you to court for the money, they will look pretty stupid when you mention the default!

[Rhia]

Yes they have broken the law and you can and should report them to the OFT and your local Trading Standards.

You say they have sent you a photocopy. Take a very good look at it. Is it a full, legible copy of the Consumer Credit Agreement signed by yourself and countersigned and dated by the original lender with full terms and conditions including the credit limit and APR or is it a copy of the original APPLICATION form with a few implied T&Cs. If the latter they still haven't complied and it isn't enforceable.

Also a few of us have had copies (not just from Cabot) that you can hardly read (unenforceable) and which are clearly cut & pasted so get a magnifying glass o it or scan it and bump it up.

If it is the proper agreement it can only be enforced by a judge but if they have already broken the law he or she won't be too impressed with Cabot.

You should take a look at our Cabot thread in general debt and also the Consumer Credit Agreements thread in the general section.

I would also send SAR plus £10 to the original lender specifically asking for the statements, copy of the default notice, copy of the agreement and any notes or letters and also the amount when they defaulted the balance. Cabot should not have added any charges etc on.

Also checek your credit report and see if anyone has registered a default either in the name of Cabot or Kings Hill No 1 (our Cabot thread will tell you more about this). They cannot do this if they don't have an agreement with you so this needs removing too.

And welcome to the Cabot fan club.

[tifo]

i don't think it makes much difference if it gets to court.

 

the judge will look at the debt and not their default, that is a whole different issue and not what the case will be about.

[Flavio]

Thanks!

 

You're SO right!

 

Cabot have sent me a photocopy of my original APPLICATION form including my signature. It is fully legible though.

 

It is NOT as you said, 'a full legible copy of the Consumer Credit Agreement signed by myself and countersigned and dated by the original lender with full terms and conditions including the credit limit and APR'.

 

So, just to clarify...the copy of the application form they've sent me is NOT the proper Consumer Credit Agreement I should have received!?

 

Cabot are 'looking forward to hearing from me' and your advice is really appreciated.

 

I think I'll report them to the OFT and TS as you suggest.

 

Thanks Again!

[spotnot]

i don't think it makes much difference if it gets to court.

 

the judge will look at the debt and not their default, that is a whole different issue and not what the case will be about.

 

But if the DCA can't prove that they own the debt, how can it go to court?

[tifo]

you said they've sent a photocopy now after 3 months. If this is a true copy of the agreement then they can enforce it, if not, then they can't.