Can't make sense of CCA request reply from Cabot

[bbsgirl]

I've sent Cabot a CCA request and then the reminder which runs out on Monday. Today I get a load of cr*p from them which was a covering letter stating that they had now complied with my request and therefore were able to enforce the debt and yet another different balance amount (every letter I've had has been different).....

BUT what they've sent me is a photocopy of "card request form" signed by me but it looks cobbled together and much of it is unreadable. On the bottom right of the form is a section entitled Credit Agreement Regulated by The Consumer Credit Act 1974 which is signed by me but reading what little I can it still seems to be about an application for a card.

Also at the top it has a section for Payment Protection with I appear to have signed and agreed to.

There then follows a 7 page document headed Credit Card Agreement Regulated By The Consumer Credit Act 1974, which says that they will decide the credit limit, the APR and that they will send me a monthly statement followed by what amounts to T&Cs....BUT this has my new address on which I moved to after the DMP was set up??

So what I need to know is....have they sent me what I asked for? And if not, what to do next? And can I claim back the payment protection?

I have no scanner so can't upload the letter, sorry ;F-

[bbsgirl]

Re: Can't make sense of CCA request reply from Cabot

Sorry Never In Doubt but they say they believe they are ABLE to enforce it.

I'm not sure what a true CCA would look like so I'm not sure what I'm looking at. All the stuff about credit limit, repayments and interest is on another set of documents (unsigned) with my new address on, so clearly that is not original.

[Never-In-Doubt]

Re: Can't make sense of CCA request reply from Cabot

Hi

please email me what they sent you - never-in-doubt@live.co.uk

thanks

[bbsgirl]

Re: Can't make sense of CCA request reply from Cabot

I've got a scanner in the attic I think, I'll dig it out in the morning and if it works, get it to you asap. Many thanks

[Never-In-Doubt]

Re: Can't make sense of CCA request reply from Cabot

Ok thanks.... it's best if I can see what they are sending you....

will wait to hear from you, when you update this thread saying you've emailed me....

[bbsgirl]

Re: Can't make sense of CCA request reply from Cabot

I've just emailed it to you.

Thanks.

[Never-In-Doubt]

Re: Can't make sense of CCA request reply from Cabot

Hiya

OK, well thanks for the email..... what do you want me to say to you? Its definitely 100% unenforceable so cabot are talking out their arses (nothing new there).

Therefore we raise a flag, first and foremost - :UE

Now, to respond - send the following back to Cabot -: ---> viewtopic.php?p=2315#p2315 do not pay them anything and any replies you get, let me know asap. You're on the home straight now..... k

[bbsgirl]

Re: Can't make sense of CCA request reply from Cabot

Thats fantastic Niddy, thank you.

What a pity I can't also send them this ----> ;Spank


Oh, and do you think I could claim back the PPI or should just forget that and forget all about Cabot?

[Never-In-Doubt]

Re: Can't make sense of CCA request reply from Cabot

forget about reclaiming unless the debt is enforceale as you won't be paying it, a refund back to the account means little does it?

[bbsgirl]

Re: Can't make sense of CCA request reply from Cabot

I've finally had a reply from Cabot.

They say that the copy they sent me is a "true copy" of the CCA, which of course it wasn't, it was the application for the card. ;D
They say the debt IS enforceable and if I want to declare otherwise I should apply to the court for a declaration of unenforceability (I won't be doing this).
Cabot also point out that the "sole purpose of the CCA is for consumer protection, not to provide a method for the avoidance of debt, which we believe you are attempting in this matter." Yes, I am, well spotted Cabot peeps.
Finally they point out that the balance is £XXX and they recommend I contact their collections dept within 14 days blah, blah, blah. If I do not the account will be escalated within their collections procedures. 1

As you can imagine, I'm quaking in my boots ;LOL

I'm not inclined to reply as I don't believe they can take this any further, but wanted your feedback NID.

[Never-In-Doubt]

Re: Can't make sense of CCA request reply from Cabot

Hiya

No need to respond at all - just sit tight, they'll write again soon - they always do!

[bbsgirl]

Re: Can't make sense of CCA request reply from Cabot

They've written again to say that unless I or my debt counsellor(?!) contact them within 14 days they will pass my account back to their collections department and will no longer freeze interest. I do notice though that an extra £17 ish has been added to the balance since they last contacted me.
They think I may be experiencing financial difficulties and have helpfully listed numbers and web addresses for CCCS, National Debt Line and Payplan.
No threats of court action or similar, are they just trying to grind me down so I'll pay up? If so they're out of luck!! ;LOL ;LOL ;LOL

[Never-In-Doubt]

Re: Can't make sense of CCA request reply from Cabot

Hmmm, as before just sit tight and do nothing.