Help with Cabot

[Beefy1976]

Hi Everyone.

Firstly I would like to say thanks for all the posts and information being shared on here - I have found it really beneficial.

To cut a long story short I had problems in the past and got into debt, most is now sorted with the exception of an account with Cabot. They defaulted me back in 2009 and I have not paid them any money.

I requested the CCA which they can't provide so I followed it up with the second letter and they have replied with the attached letter. I am not sure where to go from here. They are stating that as I have signed a credit agreement that they can carry on reporting and asking me to pay etc but they don't actually have a copy of the agreement so how can this be?

Also my name is actually spelt incorrectly in all correspondence and the entry on my credit file - Does this affect anything?

Can anyone recommend what I should do next?

Many thanks in advance,
Beefy.

[Never-In-Doubt]

Re: Help with Cabot

They are talking shyte - send this back to them ---> Our Templates | Unenforceability Templates | Final Response - Unenforceability (No CCA Received)

they cannot touch you as they are in default of s.78

Don't worry - you're winning this little fight so far

[Beefy1976]

Re: Help with Cabot

Thank you very much for your prompt reply. I shall get that posted off tomorrow - They seem to take their time in replying to anything but I will update you when I hear back from them.

Thanks,
Beefy.

[Never-In-Doubt]

Re: Help with Cabot

Thank you very much for your prompt reply. I shall get that posted off tomorrow - They seem to take their time in replying to anything but I will update you when I hear back from them.

Thanks,
Beefy.

Nice one, you'll be fine - keep us updated

[Beefy1976]

Re: Help with Cabot

Nice one, you'll be fine - keep us updated

Hi - I have received a letter from Cabot today which is stating they have now complied with my request. All that is enclosed is a copy of the standard terms and conditions and a letter (from the original lender) stating that because I applied online I gave my consent to the terms and conditions by way of a digital signature.

Does anyone have any advice as to what I should do next?

Many thanks,
Beefy

[Beefy1976]

Re: Help with Cabot

Sadly, if you applied online from 2005 onwards, they are right to say that a tick box does the job of a signature and there wouldn't have been a need for them to send you a hard copy for you to sign.

Thanks for your prompt reply. I am guessing now would be a good time for a full and final settlement offer? Unless there are any other options you can advise of?

Thanks again,
Beefy

[Deepie]

Re: Help with Cabot

Thanks for your prompt reply. I am guessing now would be a good time for a full and final settlement offer? Unless there are any other options you can advise of?

Thanks again,
Beefy

When did you take the card out ?

[Beefy1976]

Re: Help with Cabot

When did you take the card out ?

Hi the date of application on the screen print they have sent me is July 2007.

Thanks,
Beefy

[Deepie]

Re: Help with Cabot

Hi the date of application on the screen print they have sent me is July 2007.

Thanks,
Beefy

Can you remember when you took the card out ?

[Beefy1976]

Re: Help with Cabot

Can you remember when you took the card out ?

I genuinely can't remember but they have sent a print out of transactions from around that date too so I am assuming it must be correct.

Beefy.

[Deepie]

Re: Help with Cabot

If it were me I would be sending this ------->CCA Query - Missing Prescribed Terms

[Beefy1976]

Re: Help with Cabot

If it were me I would be sending this ------->CCA Query - Missing Prescribed Terms

Hi again... Just so I understand. They sent me the digital application form copy and a copy of the terms and conditions. As I can't remember applying, they would need to actually prove that as such?

Beefy

[ScabHunter]

Re: Help with Cabot

This is a difficult case to assess, because the date of account opening and the method by which you opened the account are so fundamental to the situation. If you may have retained any paperwork relating to the account, I would suggest having a rummage through your filing system to try to find anything you can.

I am guessing now would be a good time for a full and final settlement offer?

That would be a little hasty, as the facts concerning the case remain largely unknown. It would also constitute an acknowledgment of the alleged debt and restart the limitation clock.

they have sent a print out of transactions from around that date too so I am assuming it must be correct.

That would be a dangerous assumption. It could just be that a certain page of transactions starts with that date, and that is why they have chosen it for their allegation of when the account was opened. There may be previous pages which they have conveniently omitted.

The only thing I can suggest in this situation is sending the letter which I2D has linked to above, as much to buy time as anything else, and also sending a Subject Access Request to the original creditor to try to find out more information. They have 40 days in which to reply to this, so you will need to stall Crapbot in the meantime.

It really is impossible to come up with a coherent plan of action without knowing more about the circumstances of account inception.

SH

[Beefy1976]

Re: Help with Cabot

This is a difficult case to assess, because the date of account opening and the method by which you opened the account are so fundamental to the situation. If you may have retained any paperwork relating to the account, I would suggest having a rummage through your filing system to try to find anything you can.



That would be a little hasty, as the facts concerning the case remain largely unknown. It would also constitute an acknowledgment of the alleged debt and restart the limitation clock.



That would be a dangerous assumption. It could just be that a certain page of transactions starts with that date, and that is why they have chosen it for their allegation of when the account was opened. There may be previous pages which they have conveniently omitted.

The only thing I can suggest in this situation is sending the letter which I2D has linked to above, as much to buy time as anything else, and also sending a Subject Access Request to the original creditor to try to find out more information. They have 40 days in which to reply to this, so you will need to stall Crapbot in the meantime.

It really is impossible to come up with a coherent plan of action without knowing more about the circumstances of account inception.

SH

Hi - What other information would you like to know regarding the account and I will post it. I do not have any paperwork at all relating to this account other than what Cabot have recently sent me which is no more than screen shots of an application, a photocopy of the standard terms and conditions and the printed (from their system it looks like rather than a statement) list of transactions. I can scan everything in but there are quite a few pages.

Many thanks for everyone's help with this.

Beefy

[Beefy1976]

Re: Help with Cabot

Thanks for the replies. I am beginning to think that a full and final settlement offer in exchange for default removal may be worth a try as it's fairly clear this will be enforcable. Based on what they has sent me, about 50% of the balance is made up of charges and PPI. I have seen the template on here for full and final in exchange for default removal but I am sure it fits my circumstances. How is the best way to type such an offer? I really want to try and resolve this now as it's the final one to sort out.

Cheers,
Beefy