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Moon phases


Cabot financial letter

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Cabot financial letter

Post by lisa40 on Sun Jan 07, 2018 2:51 pm

HI GUYS IVE MOVED ACCROSS FROM THE OLD SITE AFTER FINDING YOU VIA GOOGLE TODAY.

latest letter received from Cabot financial saying

A NEW APPROACH
We are hoping A new approach could help you be free of this debt.
you may have questions about who we are. how your account got to us or what can be done to move forward with your account.we believe our team will be able to help.

if you contact us.........bla bla bla bla bla......

Now my question is I have been dealing with Cabot regarding this account since 2014,and in 2016 I sent the 3 letters and the estoppel letter, do I start the 3 letter process again or send a copy of the last letter I sent saying
I will be willing to settle any claim that is lawfully mine on production of the documentation as detailed in my previous letters (obviously more to is said in the letter)...ect ect or do I just ignore the letter...

any advice is much appreciated.x

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Re: Cabot financial letter

Post by lisa40 on Sun Jan 07, 2018 3:27 pm

no I only sent the 3 letters and the estoppel letter ,then heard nothing for a while and then when I received another letter I was advised to send the last letter I mentioned above which was back in may 2016, heard nothing until a few days ago and the debt is a bank loan,

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Re: Cabot financial letter

Post by lisa40 on Sun Jan 07, 2018 3:34 pm

it was a bank loan through Lloyds bank I owe £11575.

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Re: Cabot financial letter

Post by lisa40 on Sun Jan 07, 2018 3:41 pm

thanks ,what is a S77 please.

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Re: Cabot financial letter

Post by Tiggy on Sun Jan 07, 2018 4:01 pm

It's a request under Section 77.1 of the Consumer Credit Act, for a copy of the agreement. If they can't supply a copy then under Section 77.4 the debt is unenforceable against you.

Request under s.77 Consumer Credit Act 1974

Dear Sirs
Re: Account / Reference Number: xxxxx / xxxxx

With reference to the above agreement, I require that you provide me a true copy of the credit agreement.

I am aware that section 77(1) of the Consumer Credit Act 1974 sets out clearly what is required to comply with my request and quote “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it”. For clarification I require a copy of the agreement, any terms and conditions from the time when the agreement was executed, the current terms in force or in the alternative the notices of variation of each term as approved in Carey v HSBC Bank Plc and a copy of the cancellation notice if the agreement refers to “Your Right to Cancel” within it. I also require a statement as laid out also within section 77(1)(a-c). If there weren’t any terms and conditions then please confirm this in your response.

I am entitled to receive the information on request. I enclose a payment of £1.00 per account, which represents the fees payable under the Consumer Credit Act 1974. This request is a statutory request and should not be construed as any acknowledgment or payment towards any account.

I understand that Consumer Credit (Prescribed periods for Giving Information) Regulations 1983 (SI 1983/1569) at Regulation 2 sets out the required time frame for compliance with this request as being 12 working days from receipt.

In the event that you do not consider yourselves the “creditor” I direct you to s189 Consumer Credit Act and the leading case of Jones v Link Financial Ltd [2012] EWHC 2402 (QB) (22 August 2012) which confirms that assignees of an account are the creditor and must comply with statutory duties.

In accordance with the new FCA guidance, if the copy of the executed agreement is reconstituted, then I expect you to confirm this is the case and to confirm what steps were taken to provide this reconstitution as set out in the FCA handbook CONC 13.1.4 (2).

I look forward to hearing from you
Yours faithfully

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Re: Cabot financial letter

Post by lisa40 on Sun Jan 07, 2018 4:45 pm

thank you both for the advice, can a £1 postal order be sent as payment.

do I sign the normal way with my signature or ...of the family.(my surname)

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Re: Cabot financial letter

Post by Lopsum on Tue Jan 09, 2018 2:02 pm

its something to do with the adds popups , someone else had a mac issue similar. Its not the forum , viruses would either be there or not, not just sometimes .
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