Cabot - Catalogue

by dkent1977 Wed Nov 22, 2017 3:53 pm

My partner had a catalogue account which she defaulted on in 2008. It was apparently passed to DCA in 2010 and they're saying that she was paying them until feb 2012. She doesn't recall this, although, to be fair, she did have a lot going on at the time! I have sent letters to them asking for proof etc but they've only supplied a printout supposedly showing BACS payments tp them. They say in their letter that as its a catalogue account there is no credit agreement available. They're also not marking her credit file as it defaulted in 2008. I've been filing their template letters ever since but am just starting to wonder if I should start replying as, if she had been paying them (and I think the proof is really, really weak), its not statute barred yet.....

by Tiggy Wed Nov 22, 2017 5:46 pm

Catalogue accounts are covered by Section 78 of the Consumer Credit Act, running credit account.

Send them a request for a copy of the agreement under Section 78.1 paying the £1 fee. If they can't provide a copy them under section 78.6 the debt is unenforceable.

by **assassin** Wed Nov 22, 2017 6:33 pm

Agree with that.

by dkent1977 Wed Nov 22, 2017 7:11 pm

Cheers. Will draft one up and send in the morning Smile

by dkent1977 Mon Dec 11, 2017 11:48 am

This is their reply.
Just a waiting game now I suppose?
catalogue - Cabot - Catalogue 20171210

by Tiggy Mon Dec 11, 2017 1:29 pm

by **assassin** Mon Dec 11, 2017 5:47 pm

Stick them to the 12 day limit and not their suggested 40 day limit, if you do not rebut their 40 day claims you could be deemed to have consented to it "by actions" and it is always better to cut off this little game they are playing.

by dkent1977 Mon Dec 11, 2017 7:02 pm

assassin wrote:Stick them to the 12 day limit and not their suggested 40 day limit, if you do not rebut their 40 day claims you could be deemed to have consented to it "by actions" and it is always better to cut off this little game they are playing.

Hmmm....Good shout. Will draw a letter up tonight Smile

by Tiggy Mon Dec 11, 2017 7:42 pm

It actually makes no difference whether they put 40 days or not, after 12 days the debt under Section 78.6 of the consumer credit act is 'unenforceable whilst the default remains'.

In other words it's unenforceable after 12 days unless they find the agreement.

by dkent1977 Thu Mar 22, 2018 3:17 pm

Have received a response after 3 months! They've sent the following along with several short letters ("Please find enclosed all of the relevant information following your request", "This statement is prepared in compliance with section 78...")

catalogue - Cabot - Catalogue 20180310

Does this count as the agreement AND the terms & conditions?

There's no signatures on mine or their copy (left hand/right hand sides) either??

The last letter is the statement of account showing payments. Intersting too as it shows they paid money back then charged interest?

by **assassin** Thu Mar 22, 2018 6:48 pm

Tiggy wrote:It actually makes no difference whether they put 40 days or not, after 12 days the debt under Section 78.6 of the consumer credit act is 'unenforceable whilst the default remains'.

In other words it's unenforceable after 12 days unless they find the agreement.

True Tiggy, but it can also be deemed as consenting if you do not rebut, if it goes to any of their fake courts they will say a contract was formed and the defendant allowed them 40 days, simple to cut them off at the pass for the sake of 1 letter.

by dkent1977 Mon Mar 26, 2018 9:07 am

So, should I just ignore them?? It's only for several £100.....

by Big Redman Wed May 09, 2018 7:10 pm

Hi,
If they produce the agreement after 40 days, can they still use it or can it be used as part of your defence in court.
Rolling Eyes

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