Cabot once again I need help on

[FlamingParrot]

Re: Cabot once again I need help on

Hi this is a reconstituted form, they have sent 3 separate ones, but all exactly the same sorry there are some terms and conditions on the back of form shall I try and copy them for you. I'm really struggling with this as I have already paid so much to different dca for this. But they just wont stop asking.

Are saying you had three separate accounts and they have sent exactly the same T&C for each one of them?

Did you take out the three accounts roughly at the same time? Were they all with the same company or with different companies within the group?

[jon1965]

Re: Cabot once again I need help on

Hi again
It is rather confusing so let me check this out
Accounts open with JDW sometime in 2006/2007 but you do have 1 letter saying that the particular account was opened 29th Oct 2007
As far as you know one account went to Lowells and another to someone else?
Cabot contacted you in 2013 for one of the accounts?
You sent a CCA request off to cabots that came back with a recon that had the correct name and the correct address for the time you opened the account but no date
It is very difficult to offer opinion because it is difficult to know which account is which . One option is to do a SAR to JDW for everything they hold on you and try to match up what is what
Another is to wait until the send something like a letter of claim . There are some complications here in that you do not know exactly when the accounts were opened, who is chasing you for what.
If the CCA request for the account that was opened in late 2007 is correct , should they issue a claim there is, IMO little that can be done to defend but there is always plan B or come to that a plan C.

All I can really suggest is to wait and see what happens but please keep any letters that arrive , it is not uncommon for debt companies to wait many months in between contacting you.

If you do get more serious letters there would be no harm in writing to whoever requesting full details of the account including, name of OC, original account No, date of opening, date of default and details of any assignments . Start by saying that you are having difficulties aligning this with any account you may have had and to aid your understanding please supply these details , set it out as a formal letter not in the way I have done above.
Hope that helps

[nemesis45]

Re: Cabot once again I need help on

Going back to the 1st post 26/06/15
" This Morning recd. letter and etc.,
You refer to " reconstituted agreement) " singular" are
the documents received purporting to be all the T's & C's
for one account only or 2 or 3 separate ones?
Also you say these copies have only your name
written on them, for a recon agreement to be compliant
it Must have your name And Address as it was when the
account was opened. So if you moved at any point the
address must be the one at which the account was opened.

Some clear answers will help you get the appropriate advice.

nem

You have received " true" copies of the original T's & C's ( allegedly).

Now account opened October 2007 when was your last payment to ANY
company in regard to the debt (s).

Do you have any of the letters from Lowell et al regarding earlier payments.
Is this account showing on your credit reference files?

[Helbow]

Re: Cabot once again I need help on

Hi flaming parrot, yes it's exactly the same t&c letter 3 times, yes they where taken out prob within 6 months of each other, and yes with different companies within the same group . Does this help at all ? :tinysmile_aha_t:

[Helbow]

Re: Cabot once again I need help on

Hi nemesis 45 sorry I will try and explain more clearly, I received 3 copies of recon t&c for 3 accounts all exactly the same all 3 have my name and address hand written into them, this is the correct address of where I was living at the time the accounts where taken out. I have never received true copies of any of these, only these 3 reconstituted ones. I have bank statements of payments made to other debt agency's adding up to over £1300 , I sent copies of these to Cabot, but they say there different accounts, jdw say they could,not help because once it's handed over they could go through everything, all 3 accounts are for different amounts adding up to around the £1300 again. I believe the last payment was about 2010. Cabot first contacted me late July 2013 I sent them the cca in October 2013 and have only just received these reconstituted agreements and t&c on the 29 June 2015. I hope I have explained more clearly, thank you for taking the time to help

[Helbow]

Re: Cabot once again I need help on

Hi, have I done something wrong please? Had a couple of you helping me, now gone dead, I'm getting a complex lol. Is there just nothing I can do to stop this

[Helbow]

Re: Cabot once again I need help on

Please can someone tell me if its legal for them to chase me now 20 months after I sent a cca, I thought they only had a maximum time to come up with agreement ?

[dogtired]

Re: Cabot once again I need help on

:bump::bump:

[jon1965]

Re: Cabot once again I need help on

They can still ask you , write to you but if they haven't complied with the cca they would lose in court so long as you defended. Non of these things are classed as enforcement but they should be acknowledging the debt is unenforceable. If it were me I would write to them telling them that any alleged debt is unenforceable due to their non compliance with you lawful cca request which they received on xxxxxx. Maybe even enclose a copy of it and a copy of the post office receipt.

[Helbow]

Re: Cabot once again I need help on

That's great Jon, I,ll try that, once again thank you so much x

[jon1965]

Re: Cabot once again I need help on

Sorry if you have already had the cca requests back. I am being antisocial and I'm having lunch so not reading back

[FlamingParrot]

Re: Cabot once again I need help on

Please can someone tell me if its legal for them to chase me now 20 months after I sent a cca, I thought they only had a maximum time to come up with agreement ?

They are supposed to send it in 12+2 working days and, as Jon says, the debt would be unenforceable for as long as they are in default of your request, however, bear in mind they can remedy the breach at any time by supplying you with the documents, in which case the account may or may not be enforceable depending on what they supply you with.

[nemesis45]

Re: Cabot once again I need help on

Please can someone tell me if its legal for them to chase me now 20 months after I sent a cca, I thought they only had a maximum time to come up with agreement ?

I'm afraid if the CCA becomes available at any time they can attempt to enforce the debt.

nem

[jon1965]

Re: Cabot once again I need help on

Having read back it seems that you sent 3 Cca requests off best part of two years ago to which you received three recon agreements back with correct name and address from the time you took them out. The T&C's are however all the sane. If this is correct they could attempt to enforce the debt however if these are from before April 2007 they would need to show that on balance you signed a correct agreement. With a catalogue company I would suggest that a statement by you thank-you didn't sign an agreement would likely be accepted. This is for pre Apr 2007. As you can tell I have had my dinner and my tea now and read back ( honest northern routes here). IF you get any letter that could be a letter before action also called a letter of claim or you receive a claim form that is when action is required. For now I would write back with a you failed to comply with my cca request and see if they come back. Do not admit liability so call it the account and alleged etc.

[Helbow]

Re: Cabot once again I need help on

Thank you all so much for your advice an Jon hope you enjoyed your dinner x

- - - Updated - - -

I,ll get some letters off and keep you informed x