I did fiddle slighttly I added that did they hold the legal authority deed of assignment to collect telling them it was an offence to sell a debt without informing the debtor and an offence to share my data without notification both of which have been done. also sent letter to Cabot who I must admit I phoned first to see if they had recieved my first letter which they say they have ( I have name and extenstion number of person I spoke to) he tried to put me on to some dept to see if we could agree terms on phone told him would correspond by letter only anyway sent letter telling them they are in default copy attatched let me kow what you think
I refer to my letter dated 24th April 2009 which has been delivered to your office as confirmed in a phone call on the 11th May by Dan ex 76094.
You have failed to acknowledge my request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.
In my letter of 24th April I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) and section 78(1) of the consumer credit act 1974 and a true signed copy of the deed of assignment. In addition a full statement of my account should have been sent to me detailing all debts and credits to the account from the time Cabot’s Financial purchased this account, along with any other documents mentioned in the credit agreement.
You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under section 189 of the CCA 1974.
The consumer credit act allows 12 working days for this request to be carried out before your company enters into a default situation this time limit expired on the 11th May 2009.
As you are no doubt aware Section 78(6) states:
If the creditor under an agreement fails to comply-
(a) he is not entitled, while the default continues, to enforce the agreement and
(b) If the default continues for one month he commits an offence.
Furthermore, under the data protection act (D10) you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998 and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.
I look forward to your to your reply within 14 days to resolve this matter amicably.