Cahoot Credit Agreement - Or is it?

[pt2537]

let me also point out that this seems prima facie to be a copy of the original doc,

when you photocopy a photo copy you get degradation of the image. there appears to be no loss here so i would look at this as a very good copy of possibly the original document, now if this is the case GAME OVER because this could be enforced by court order providing its as suggested

[andyorch]

It may well be a very good copy of said original but still does not prove the sig box is linked to the prescribed terms, if it where i would be of the belief that surely some indentation of the sig would be visible through page 1 (ie being on the reverse) I cant see any evidence of such and as UndeSiege recalls a booklet form being recieved to sign and return, if it where the case surely there would be no need for a booklet?Just a A4 sheet What are your Thoughts?


Regards
Andy

[Curlyben]

Andy, you are clutching at straws here.
I have seen a number of multi-page loan agreements, I've had a few myself, and they are designed to be read as a whole and not as separate pages.
Quite often they don't reference the additional pages at all.

Now as the OP has already mentioned that they remember that this agreement was in the form of an A4 booklet, why are you flogging a dead horse ?!

[Having_A_Knightmare]

Where are the original Terms and Conditions

HAK

[pt2537]

Hey HAK

yep no terms and conditions for the purpose of a s77/78 request

but if it were to go before the court you can just imagine em saying we never sent em M'lud, im sure they will deny it and say they sent them

you know how devious these companies are mate

[Having_A_Knightmare]

Good point Paul but I thought they have to supply them under a 78 request.

HAK


*****Just realised 1000 post*******

[pt2537]

yes mate they do

that said they will no doubt try to worm out of it

[Under Siege]

Thanks for all the input guy's.
I think I should leave this one be, which is a shame because as I said they are been swines and refusing to accept my offer of pro- rata payment.

I will just concentrate on my other creditors for the time being -

BarclayCard - In default
Lloyds TSB - In default
NatWest - In default
Mint - Sent application form

Thanks again for your help

[Having_A_Knightmare]

U.S

Write back to them before you give up with something like this:

: Consumer Credit Agreement 1974 Request


Thank you for your letter dated 26th September 2007.

I must inform you that you have yet to present all the information required.

The sections pacifically states that all documents mentioned must be presented. The original terms and conditions which form an integrated part of the agreement are missing.

I must remind you that until this information is made available the agreement is still in default and any action taken by you to enforce it will be in breach of section 78 and will be reported to the appropriate authorities.


You’re faithfully


Worth ago

HAK

[pt2537]

i'd spell check it first

[Having_A_Knightmare]

i'd spell check it first

Bloody ell Ive sent this letter

[Under Siege]

Cheers HAK & Paul,

Will do

[pt2537]

Originally Posted by Having_A_Knightmare

U.S

Write back to them before you give up with something like this:

: Consumer Credit Agreement 1974 Request


Thank you for your letter dated 26th September 2007.

I must inform you that you have yet to present all the information required.

The sections pacifically states that all documents mentioned must be presented. The original terms and conditions which form an integrated part of the agreement are missing.

I must remind you that until this information is made available the agreement is still in default and any action taken by you to enforce it will be in breach of section 78 and will be reported to the appropriate authorities.


You’re faithfully


Worth ago

HAK

sorry,its a Fail, must try harder

[Under Siege]

I will send it off tomorrow HAK, no doubt they will just send me any old T&C's though. Just like Mint did.

[Curlyben]

To be honest, hold off sending anything until they contact you with payment demands. Then hit them with the fact that what they have sent is complete cobblers

[toxicdebt]

I didn't get any T&C's either - Just the copy of the CCA (see Toxic V Cahoot). I replied telling them they had not fulfilled their requirements etc etc.

They sent me a letter telling me they couldn't send the actual agreement because they would then no longer have a copy themselves. (Eh?!). So I wrote back asking again for the missing documentation. In reply I got another copy of my CCA.

BUT...

When I compared the two copies both were identically placed on their photocopier. Eg the copy was slightly skewed in exactly the same way on both occasions.

Now If they photocopied the original first time round, then did another photo copy second time it is reasonable to expect the copy page position on the copier to be slightly different. Whereas both of my copies have exactly the same skew.

This suggests to me that the 'original' they have is already a scan, simply printed out from a PC. In sending me two, this would explain the same skew of both copies I have received.

I don't doubt the quality of my copy - It does look like a first generation copy, but it would of course, if it was scanned in to a PC - no matter how long ago that was.

In summary I am unsure - despite the quality - that they hold the original on paper.

I am about to Subject Access Request them. Lets see what the CCA looks like when I receive the Subject Access Request documentation.

[keith4444]

Hi Toxic,

Thats interesting! So would a copy of an enforceable agreement be valid or would they still have to produce the original? I'm thinking the latter?

[toxicdebt]

That depends on the Judge.

[angiemcp]

Hi

My agreement is identical to this one and I am currently in dispute with Cahoot, on a few grounds I may add. Firstly the interest rate has jumped from 7% to 20.9%, this is seen as an unsustainable debt, secondly they only refer to an assumed credit amount of £100 and are not stating the true amount, they have pre-signed this and there statment suggests that this in fact is only an application and another point is that there is no right to cancel contained within the main body of the document. I beleive this will be a tough fight but definitely one worth doing. I will post any feedback I get. I am also going to complain to the ombudsman regarding the interest rate hike.

[keith4444]

Thats interesting Angie!
Will look forward to your updates with interest.