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  1. Hi Ben, Thanks for your response and for confirming what I thought. I guess they are going to try their best to confuse and intimidate people with legal information which we won't understand. Can you point me in the direction of some threads that I can use to draft a response to them, maybe some which contain information on s123(3)? Many thanks.
  2. Yeah I was hoping for someone with experience to give their opinion on the best course of action. I am fairly certain that Cabot are wrong (especially with the application form they have sent us), and if this was to make it to a court which could set a precedent then they would rule in favour of the consumer. However that is a long way off, and could potentially end up costing a lot of money in legal fees to get there, and we are not sure we want to take the risk of going that far.
  3. I would really like some advice on what people think of the letter Cabot have sent to us, and probably many more people now. My thought is that they are talking a load of bull (wont be the first time) because the application form they have provided does not refer to another document anywhere on it. The part that states "This is a Credit Agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms" surely refers to the terms of the CCA and not the terms of the actual agreement, which would be different and separate. I am going to
  4. Really? Thats a big concern, I guess it comes to down which court deals with the case if it gets that far, but I would like it sorted before it gets to court. Do you think its worth complaining to FOS and the OFT?
  5. We aren't the only ones who have received this letter then!
  6. Ok so I sent the letter as per Havinastella's post and have now had a response from Cabot. Dear xxx, I refer to your letter received on 24th of June 2008 and our previous correspondence. As previously advised under the Consumer Credit Act 1974 section 78(1), there is no obligation to provide a true and complete copy of the credit agreement if there is no longer a true and complete copy of the credit agreement in existence. Nor is there an obligation upon us to provide a full statement of account, copy of a deed of assignment and or a copy of a default notice. As a result the inf
  7. Cheers I will keep on eye on it as well
  8. What are you doing about your credit file if you havent heard from them?
  9. Thanks Havinastella thats brilliant. I will write to them and see what they come back with. If they are still trying to fob me off I will look into to starting legal action against them.
  10. What are the options now then? I could write to them but I know they will just try to fob me off with some more bull. How do I go about starting action against them?
  11. Well its difficult to make anything out on the application form but it doesnt refer to another document in the parts I can read.
  12. Miss Muppet - Sorry I may be being really stupid but were should I search? Curlyben - thanks for the info. Can you advise what SI 1983/1553 is? Is it an act? Also do you think we should write to Cabot again correcting them on their error?
  13. Hello everyone, The problem we are having with Cabot dates back to last year when they wrote to my girlfirend regarding an outstanding Barclaycard credit card debt. I have a little bit of experience of the Consumer Credit Act so wrote to them requesting a copy of the agreement and they responded by sending the application form for the Barclaycard (which was also for her student bank account). I then wrote back to them stating the application form was not the credit agreement as it doesnt contain the prescribed terms, it is also completely illegible. Just about the only part you can
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