Cabot SAR supplied but no CCA agreement included

[PurpleMinion]

Hi Guys,
My first post here.
Sainsburys Bank Credit card debts,
I have asked Cabot to provide a SAR which they have but no CCA is included.

It says
"please be advised that Cabot Financial (Europe) Ltd ("Cabot) may not hold information such as your credit agreements or statement files on file. In order to obtain this information, we recommend you contact the original lender, Sainsburys who will hold this information as the original data controller.

However, in the event that the original lender has supplied Cabot with this information, the documents will be included with the Subject Access Data"

Well, no agreement was sent. this Debt is currently with Payplan and is being reduced every month.

My main question, can Cabot enforce this without any CCA?

Secondly I now live in Europe, can they enforce it here?

Next Steps?

[Kati]

Re: Cabot SAR supplied but no CCA agreement included

Hi PurpleMinion - did you send a CCA request as well as the SAR??

It might be an idea to get one, just for records :tinysmile_twink_t2:

As you are no longer in the UK, I cannot see them being able to enforce it (it would depend on where you are now etc...), but there would be no point in a bailiff coming to visit you to enforce payment (with the new fee regulations in place)

[PurpleMinion]

Re: Cabot SAR supplied but no CCA agreement included

Hi Kati,

I asked for this as part of the SAR request

"1. A valid true copy of the original signed, executed credit agreements and any terms and conditions that applied to the accounts"

Is this sufficient or should I specifically make a CCA request?

[Kati]

Re: Cabot SAR supplied but no CCA agreement included

might be worth sending a separate one (with a £1 postal order) although it should have been sent as part of your SAR. I'll give some people a 'heads up' and see if we cannot get you some help/advice.

Kati x

[PurpleMinion]

Re: Cabot SAR supplied but no CCA agreement included

Thanks Kati,

I'm ready for the battle with this one, despite paying over 3.5k off an original 10k debt which defaulted in 2008, we now owe more that the original default balance. this cannot be right.

I was prepared to be fair if they were, BUT....

the card was originally opened around 1997

[Kati]

Re: Cabot SAR supplied but no CCA agreement included

defaulted in 2008? When did you last pay/acknowledge the debt??

(could it be statute barred?)