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Hi Alex, the claim is for just over £4000. The acknowledgement of service is not due until mid October. It is actually for two very old credit card accounts (opened during 2006). The claim does not give any breakdown of individual balance or any other information. I got a refund of unfair charges a couple of years ago on one of the accounts from the original creditor but did not hear from the other creditor with regard to charges that amounted to almost £1000. I don't believe Cabot (the DCA) have taken any of that into account.
They legally need to reply to my CCA request within 12 + 2 working days? I did send a cheque for £2.00 (1 for each account)It is two weeks tomorrow and have not heard from Cabot at all.
Have they cashed your cheque please?
No they haven't
I just checked with the post office and the letter was delivered on the 4th of September. I did send it signed for/guaranteed next day delivery.
Ok - they have to take steps to comply with the Consumer Credit Act. If they do not they are in breach.
The Office of Fair Trading advice on debt collections say they can not take any further steps if there is a dispute
But be warned - case law says they dont have to have the original agreement to comply with the CCA
They can use a reconstituted version of it and that will meet with requirements.
But unless they produce the agreement they can not take any further steps
Can I clarify anything for you about this today please?
That's great, thank you for your help. Just one last thing, the OFT is now part of the FCA? I take it that the guideline still applies?
Also, is it still possible to get refunds of credit card charges (£12)?
Yes it would still apply.
Yes you can seek refunds of anything over £12 for card charges
Does that help?
Ok, over £12 but not £12 then? Do I have to send anything to the solicitor in the meantime, perhaps tell them that their pursuer has not complied with the CCA request
Yes I would certainly do that and point them to the OFT guidance.
They are in breach and need to remedy that
Thank you very much for your assistance