trueblue's diary

[Joanna Connolly Solicitors]

Cabot responded that they have reverted to NW requesting documentation as per CCA request.

Did Cabot's letter also say that the debt was currently unenforceable?

According to the FCA Handbook CONC 13.1.6 (8) they should tell you that, otherwise it's viewed as misleading >

(8) However, where a firm is aware that an agreement is unenforceable because of non-compliance with an information request under section 77, 78 or 79 of the CCA, a firm should make it clear when communicating to a customer about a debt that the debt is in fact unenforceable. Failure to do so, in that case, would in the FCA's view unfairly mislead the customer by omission. Any communication that implies expressly or otherwise that a debt is enforceable when it is known that it is not, would be misleading. One way to avoid this would be for the firm to explain to the customer the full meaning of 'unenforceable'.

Di

[trueblue]

Did Cabot's letter also say that the debt was currently unenforceable?

According to the FCA Handbook CONC 13.1.6 (8) they should tell you that, otherwise it's viewed as misleading >

(8) However, where a firm is aware that an agreement is unenforceable because of non-compliance with an information request under section 77, 78 or 79 of the CCA, a firm should make it clear when communicating to a customer about a debt that the debt is in fact unenforceable. Failure to do so, in that case, would in the FCA's view unfairly mislead the customer by omission. Any communication that implies expressly or otherwise that a debt is enforceable when it is known that it is not, would be misleading. One way to avoid this would be for the firm to explain to the customer the full meaning of 'unenforceable'.

Di

Hi Diana,

It does not state that the debt is unenforceable currently.

This is the text received "Thank you for your request for information under sections 77-79 of the Consumer Credit Act 1974.Unfortunately we currently do not have the relevant information on file, so we will be requesting a copy of the credit agreement and terms and conditions from your original lender, as well as a statement of your account. This may take some time, but we will write to you within the next 12 days with an update."

"For information on what to expect from making a CCA request there is further information available on the National Debt line website on their 'Credit agreements -getting information' fact sheet."

Then it goes on to state I have a balance of £xxx and do not have a payment plan in place. And the account may be on my credit file and could affect my score.

However, I cannot find them stating anywhere that the debt is unenforceable till they are able to provide the necessary information.

[Colin G Quinn]

Hi trueblue, if they are still within the 12 working days to respond to the request, they won't advise on enforceability, and they probably don't know themselves given they will likely never have seen the agreement (if any agreement exists).

It is only once the 12 working days has passed that they fall into default of the request and should write to you to advise the agreement is currently unenforceable until such a time an enforceable agreement can be provided.

I say 'should' write to advise you...whether they do or not is another thing.

[Joanna Connolly Solicitors]

I am sending my CCA request today.
I will keep this thread updated with any developments.

Type of account: Credit card
Date commenced: Possibly 1999, can't remember
Approx balance: £4000
Date last paid: can't remember
Arrangement/ not paying: paid reduced amounts, not paying now
Status: Defaulted 2008

Did you send your CCA Request on 10th July as you said in your post #3 ?

Di

[trueblue]

Did you send your CCA Request on 10th July as you said in your post #3 ?

Di

I posted it on the 11th.

[Joanna Connolly Solicitors]

I posted it on the 11th.

In which case 12 working days have passed (always check my maths ) so as Colin says they should write to advise you it's unenforceable

once the 12 working days has passed that they fall into default of the request and should write to you to advise the agreement is currently unenforceable until such a time an enforceable agreement can be provided.

Di

[trueblue]

I have received a response from Cabot dated 2nd August that states as they are unable to provide the CCA information, my account is unenforceable.

Does this mean that till they find the information they cannot harrass me?

Thank you

[The Tech Clerk]

No. They do can ask you but. Up to you do not get into letter ping pong with them or speak to them. See what next move they make??

[Timewilltell]

Now it’s been said unenforceable by Cabot just ignore ignore ignore. Only change this stance if they deliver something worth questioning such as documents required or a legal threat of actual court Action and not just the empty threat thereof, you’ll know if they are serious by the letter you receive.
for now sit back enjoy the sunshine,

[Joanna Connolly Solicitors]

I have received a response from Cabot dated 2nd August that states as they are unable to provide the CCA information, my account is unenforceable.

Does this mean that till they find . . .

This was your NatWest credit card from 1999 so Cabot Financial (UK) Ltd may struggle to find it.

And even if they do find it (or attempt to reconstitute it) this won’t alter the fact that they are not FCA authorised.

Di

[trueblue]

Thank you guys for the prompt responses. I will update this thread if any further correspondence is received.

[nightwatch]

Hi trueblue, as you can see we are back up and running, any updates for us?
hope you are keeping well
Nightwatch

[trueblue]

Hi trueblue, as you can see we are back up and running, any updates for us?
hope you are keeping well
Nightwatch

I am happy to say that there is nothing to report currently. Hope this continues