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Cabot – no response to CCA request

Stacey_lg asked:

Hi guys, hoping for some advice from you lovely people.

I sent the not so lovely people at Cabot the CCA request under s.78 and enclosed the fee. This was sent on 5/12/2016.

They took the £1 cheque from my bank account shortly after, however I have not heard from them since, not even an acknowledgement letter. Not only have I not had a response to this but I have not heard from them at all, not even requesting payment.

The debt is pre 2007 also.

Is there a letter I can send them as a follow up to expedite hopefully them giving up and removing the debt from my credit file?

Thanks in advance guys x

williams2583 replied:

No news is good news! Are they threatening court? In such case just repeat your request confirming the £1 deposit already paid.

I suspect as per usual they have threatened court without the evidence an all too common a practice from these parasites.

They do this in the hope you will feel intimidated and fold.

Keep all copies which will come in handy if they escalate the claim, though personally as its been nearly 3 moths i suspect they dont have the evidence- no evidence = no claim

Stacey_lg replied:

Thanks for the reply!

They haven’t threatened court, I had a reply after the three letters were sent. They would have also received the estoppel before I received their reply.

In this reply it just said they refute they have to provide what I requested, that it is a confidential document blah blah and that I have benefited from the funds (was a credit card) so do have to pay. My only response to this was the CCA request.

I am quite keen to get it off my file for mortgage purposes so was looking to send a letter showing I’m not backing down and to get the process moving on.

williams2583 replied:

Getting a dc to remove a default from credit files is a nightmare and they wont do it lightly unless the claim was made in error.

Thus unfortunately i think you either have to settle or wait the 6 years from last payment, nb if you wanted to clear it by settlement and they cant escalate because of lack of evidence bear in mind they only paid 5p in the £ so 10p is enough. Without prejudice of course.

Stacey_lg replied:

Thanks again.

If it shows as partially settled on a credit file then that still goes against the person doesn’t it? In getting credit I mean.

So really I have to either wait it out or apply to court myself and get it struck out that way as it’s not likely they have the necessary documents x

williams2583 replied:

Some mtg providers will accept partially settled, check with a mtg advisor.