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Last post Thu, May 14 2009, 8:29 PM by allbright. 14 replies.
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  •  Thu, May 14 2009, 8:29 PM

    hi stubie

    saw somthing today wondered what you thought called statute barred this thing with cabot they say that the last payment was on the 8th April 2002 that is seven years ago I have lived at my present address for 5 years and find it hard to believe they couldnt locate me and send details earlier my question is do you think i could use the 6 year statute barred law as I have paid nothing or acknolaged this for over the time limit

    P

    • Post Points: 5
  •  Mon, May 11 2009, 6:27 PM

    Personally,

    I don't think they have snowballs chance in hell.

    Why wouldn't they want to give you the OC address - strange!

    Go through the motions but if there is no agreement then there is a good case for a refund of interest and charges.

    See how it goes, but the biggest headache the CCCs have is where they have bought accounts and not got all the supporting paperwork - seen it everywhere. Be careful with citibank - they have been accused of some pretty disreputable practices - make sure you never send anything with your signature on.

    May be less of a problem for you as the executed agreement will be the OC agreement so if they send you a citibank agreement then you smell a rat instantly.

    Looks good so far

    S

    • Post Points: 20
  •  Mon, May 11 2009, 6:04 PM

    hi stubie

    heres food for thought I asked Cabot for the address of the oc and they said that they couldnt give it to me as I wanted to send letter to them as well so i decided to check on line for an address and low and behold the original ccc which was assosiates cc no longer exsists and is now citi-bank this would appear to give Cabot a bit of a headache when it comes to finding the original agreement what do you think

    • Post Points: 20
  •  Mon, May 11 2009, 5:37 PM

    Hi,

    You seem to have covered everything there.

    Good luck, keep me posted as/ when/ if you get any response

    S

    • Post Points: 20
  •  Mon, May 11 2009, 1:40 PM

    hi

    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

    Dear Sir,

    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.

    Yours Faithfully,

    • Post Points: 20
  •  Mon, May 11 2009, 11:44 AM

    Hi,

    This is one of conmankiller's letters, I might have fiddled with the wording but it would only be semantics.

    It should be fine, see what you get back

    S

    • Post Points: 20
  •  Mon, May 11 2009, 11:08 AM

    hi

    this is a copy of letter i sent today what do you think

    Dear Sir/Madam,

    Re account number

    With reference to the above account I would be grateful for a signed copy of my consumer credit agreement.

    I understand that under the consumer credit act 1974 (section77-79) I am entitled to receive a copy of this agreement upon request.

    I therefore enclose a payment of £1 which represents the fee payable under the consumer credit act.

    I understand that a copy of my credit agreement should be supplied within 12 working days.

    I also understand that under the consumer credit act 1974, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the act.

    I look forward to hearing from you.

    Yours Faithfully

    • Post Points: 20
  •  Sun, May 10 2009, 9:37 PM

    No worries,

    I will be at work tomorrow but will take a look at lunch or in the evening, if lunch is too early

    We'll get it sorted

    S

    • Post Points: 20
  •  Sun, May 10 2009, 9:31 PM

    I found the draft of letter on this forum by someone replying to a request about a draft I am at work at moment but will send in morning if that ok
    • Post Points: 20
  •  Sun, May 10 2009, 9:03 PM

    Most of the letters on this site are OK, where did you get it from, cut and paste a copy so I can have a look.

    The important things are to quote the section of the act CCA 74 Section 77 (1) for loans or fixed credit and 78 (1) for running credit like store cards or credit cards etc, ask for a true copy of the executed agreement, pay £1 and send registered.

    I'm on line for a while, so post a copy of your proposed letter and I will critique.

    S

    • Post Points: 20
  •  Sun, May 10 2009, 8:51 PM

    dont want to sound an idiot or rambling on but do you think the standard letter that I have found on this forum is suffice or sould I add anything to the content

    chees for your help

    • Post Points: 20
  •  Sun, May 10 2009, 6:43 PM

    for the sake of a couple of quid, I would do both.

    Ifr nothing else, it will occupy them for a couple of weeks whilst you get your head around your counter strategy.

    S

    • Post Points: 20
  •  Sun, May 10 2009, 5:07 PM

    thanks wiil resend recorded letters to both cabot and ccs debt agency first thing in morning or just to cabot I realy dont know who I should be dealing with who do you think
    • Post Points: 20
  •  Sun, May 10 2009, 4:46 PM

    The CCCs enter a state of default after 12+2 working days asfter you sent the requests. Technically, you can stop paying after that point.

    Bear in mind that the money you owe will never go away unless they say it has - and even then sometimes they change their mind. The best you will get is an unenforcible agreement, although this is only applicable on agreements drawn up before april 2006.

    On the other thread you have posted relating to DCAs, you can CCA them in exactly the same way - and I would, sooner rather than later. The court papers are being drawn up is a common scare tactic. The CPR (Court Procedure Rules) states that both parties should make all posssible efforts to resolve any issue prior to court. If they jump straight to court without attempting to resolve the dispute beforehand, this will count against them.

    What is important now is that you keep in contact - in writing, never phone - do not let any letter go unanswered but do not get drawn into dialogue on the phone. By letter they have to be more careful as there is a record that can be referred to.

    Next, study your rights and the expectations of the relevant act (CCA 1974 - google statute law database then look for consumer credit). The executed agreement, which is what you need - and probably won't get - has a prescribed format and content. Check what they send you against that or shout for help and someone will assist.

    Hope this helps

    S

    • Post Points: 20
  •  Sun, May 10 2009, 11:30 AM

    I have sent letters to both barcleys and sainsburys requesting copies of my cca this time by recorded delivery my question is when any statements come in do I keep paying or suspend payments untill they answer my letters

    thanks

    • Post Points: 20