Tweet
Hi guys. Im posting on behalf of my friend again. He asked cabot for a copy of his CCA and got the following back from cabot.
Now this "debt" comes from bank charges. Here is his explanation to me of how the debt came to be -
Can he do anything other than pay up this amount ? What about the fact that this debt is made up mainly of bank charges plus interest ? Can he try to reclaim these charges to offset this debt ? Is there anything else he can do to make cabot go away lol. He is also wanting the default removed if possible but realises that he would most probably have to pay this debt for that to happen. Any help or advice would be greatly appreciated.
After recieving the final demand they wrote this back to me
I refer to your letter received on 7 August 2012
We acknowledge receipt of your request under section 77/78 of the Consumer Credit Act 1974 ("CCA")
There is no need for us to provide a copy of your credit agreement under the CCA for Current Accounts and Overdraft Facilities, as Part V of the CCA does not apply to these types of accounts. The eclusion of Current Accounts falling into Part V of the CCA is set out in section 74(1)(b)
In addition, I note you are requesting a copy of the default notice pertaining to your account. Please be advices that any formal notices sent in relation to your account would have been sent by Yorkshire Bank and therefore, Cabot Financial (Europe) Limited do not hold a copy of the same on file. Furthermore, i must clarify that the reporting of a default entry with the Credit Refrence Agencies and the issuing of a default notice are two seperate matters are are not legally reliant upon each other in order to be administered. Nevertheless, I have referred your request to our Customer Relations Department, who will attempt to obtain a copy of the default notice in question from Yorkshire Bank, the original lender and upon reciept; this will be forwarded to you accordingly. In the meantime, we recommend you contact Scotcall, our external agent, on 0870 160 8098 to discuss your intentions regarding the repayment of this account. For your ease of reference, the outstanding balance of your account is £394.11
I trust we have set out position clearly.
I refer to your letter received on 7 August 2012
We acknowledge receipt of your request under section 77/78 of the Consumer Credit Act 1974 ("CCA")
There is no need for us to provide a copy of your credit agreement under the CCA for Current Accounts and Overdraft Facilities, as Part V of the CCA does not apply to these types of accounts. The eclusion of Current Accounts falling into Part V of the CCA is set out in section 74(1)(b)
In addition, I note you are requesting a copy of the default notice pertaining to your account. Please be advices that any formal notices sent in relation to your account would have been sent by Yorkshire Bank and therefore, Cabot Financial (Europe) Limited do not hold a copy of the same on file. Furthermore, i must clarify that the reporting of a default entry with the Credit Refrence Agencies and the issuing of a default notice are two seperate matters are are not legally reliant upon each other in order to be administered. Nevertheless, I have referred your request to our Customer Relations Department, who will attempt to obtain a copy of the default notice in question from Yorkshire Bank, the original lender and upon reciept; this will be forwarded to you accordingly. In the meantime, we recommend you contact Scotcall, our external agent, on 0870 160 8098 to discuss your intentions regarding the repayment of this account. For your ease of reference, the outstanding balance of your account is £394.11
I trust we have set out position clearly.
2 Years ago i had a cheque loan gave 2 cheques £100 each in return for £200... I cancelled the cheques and offered to pay cash due to pay dates... Cancelled with the bank and 'The Money Shop' refused to accept cash although firstly saying they would!
I thought that yorkshire bank was closed because i said i wanted it closed after i cancelled the cheques... my uncle gets all my mail and i collect it every few months... got all these letters from yorkshire saying i owe £300 in charges £24 here £50 there..
Cabot got in touch and i rang the bank and as far as they were concerned there was no charged on the account as they didn't have the information any more :S
I thought that yorkshire bank was closed because i said i wanted it closed after i cancelled the cheques... my uncle gets all my mail and i collect it every few months... got all these letters from yorkshire saying i owe £300 in charges £24 here £50 there..
Cabot got in touch and i rang the bank and as far as they were concerned there was no charged on the account as they didn't have the information any more :S
Comment