I also have Family Legal Protection 50000 Through Bradford & Bingley.When I phoned for any legal advise or to cover any legal expense, they said debt issues are excluded and no help whatsoever was offered.My case is as follows:Morgan Solicitors have said that Contractual Liabilities and Burdens have not been assigned to Cabot (UK)-was Cabot (Europe) before !! I joined yesterday and not sure how to use the Forum.I would like to bring the followig new tactic used by Cabot to everybody's attention and look forward to receiving members views/advise/suggestions. Cabot have filed a case against me as assignee of debts from Providian & Barclaycard.I requested true signed copies of agreements under CCA 1974-paid £1 fee.They sent me one from Providian-acopy of a 'Reply Card' card saying 'Please reply by 15th Dec 2000'-it has my signature and dated 29 Nov 2000.No terms & Conditions.Another separate copy headed 'Financial And Related Conditions' which may be copy from any year-no link between the two.Willing to provide (not obliged as they are assignee) Barclaycard Credit Agreement when a copy is provided by the Assignor.My cheque was returned and they have stated that. 'You will observe that section 77 and 78 CCA74 states that ''The Creditor under a regulated agreement...shall give the debtor'' cetain documents.The Claimant also submits that it is an assignee of the contractual benefits of the agreement.Accordingly Cabot Financial (UK) Ltd(''Cabot UK'') is not the Creditor for the purpose of the CCA74 as defined by Section 189 of the CCA74. The CCA states that the Creditoris ''the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law,and in relation to a prospective consumer credit agreement,includes the prospective creditor'' The Claimant in this case is the Assignee of the contractual benefits of the Credit Agreement and the Judgement.The contractual liabilities and the burdens of the Credit Agreement have not been assigned.The Claimants position is that as a matter of contract law,an assignment transfer the rights or benefits but does not relieve the Assignor of duties or burdons of liabilities to the other contacting party or entitle that party to enforce such duties or burdens of liabilities against the assignne of the debt.In the House Of Lords case of Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd (1994) 1 AC 85,Lord Brown-Wilkinson stated that ''It is trite law that it is, in any event, impossible to assign ''the contact'' as a whole,i.e.including both burden and benefit.The burden of a contract can never be assigned without the concent of the other party to the contract...''Therefore, it is submitted that the claimant is an assignee and has not been assigned the burden or the liability of the the Credit Agreement.Therefore the Claimant is not bound by Section 77 or 78 CCA74 requests. As we the Claimant is not the Creditor for the purpose of the CCA74, we return your cheque to you. I have filed my Defence saying that there is no valid agreement and no monies are due to Cabot. 1)The Claimant has not provided true copy of agreement fully compliant with all the regulations made under the provisions CCA 1974.Proof Required. 2)No Statement of Accounts 3)No Default Notice from Cabot 4)No Notice of Assignment etc total claim £20645.62 Allocation Questionnare to be filed by 18/7/10. Any advise will be appreciated. Thanks Ohm

I joined yesterday and not sure how to use the Forum.I would like to bring the followig new tactic used by Cabot to everybody's attention and look forward to receiving members views/advise/suggestions. Cabot have filed a case against me as assignee of debts from Providian & Barclaycard.I requested true signed copies of agreements under CCA 1974-paid £1 fee.They sent me one from Providian-acopy of a 'Reply Card' card saying 'Please reply by 15th Dec 2000'-it has my signature and dated 29 Nov 2000.No terms & Conditions.Another separate copy headed 'Financial And Related Conditions' which may be copy from any year-no link between the two.Willing to provide (not obliged as they are assignee) Barclaycard Credit Agreement when a copy is provided by the Assignor.My cheque was returned and they have stated that. 'You will observe that section 77 and 78 CCA74 states that ''The Creditor under a regulated agreement...shall give the debtor'' cetain documents.The Claimant also submits that it is an assignee of the contractual benefits of the agreement.Accordingly Cabot Financial (UK) Ltd(''Cabot UK'') is not the Creditor for the purpose of the CCA74 as defined by Section 189 of the CCA74. The CCA states that the Creditoris ''the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law,and in relation to a prospective consumer credit agreement,includes the prospective creditor'' The Claimant in this case is the Assignee of the contractual benefits of the Credit Agreement and the Judgement.The contractual liabilities and the burdens of the Credit Agreement have not been assigned.The Claimants position is that as a matter of contract law,an assignment transfer the rights or benefits but does not relieve the Assignor of duties or burdons of liabilities to the other contacting party or entitle that party to enforce such duties or burdens of liabilities against the assignne of the debt.In the House Of Lords case of Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd (1994) 1 AC 85,Lord Brown-Wilkinson stated that ''It is trite law that it is, in any event, impossible to assign ''the contact'' as a whole,i.e.including both burden and benefit.The burden of a contract can never be assigned without the concent of the other party to the contract...''Therefore, it is submitted that the claimant is an assignee and has not been assigned the burden or the liability of the the Credit Agreement.Therefore the Claimant is not bound by Section 77 or 78 CCA74 requests. As we the Claimant is not the Creditor for the purpose of the CCA74, we return your cheque to you. I have filed my Defence saying that there is no valid agreement and no monies are due to Cabot. 1)The Claimant has not provided true copy of agreement fully compliant with all the regulations made under the provisions CCA 1974.Proof Required. 2)No Statement of Accounts 3)No Default Notice from Cabot 4)No Notice of Assignment etc total claim £20645.62 Allocation Questionnare to be filed by 18/7/10. Any advise will be appreciated. Thanks Ohm

I have registered today and was glad to see your message re Georges V Cabot.Cabot have filed a case against me as assignee of debts from Providian & Barclaycard.I requested true signed copies of agreements under CCA 1974-paid £1 fee.They sent me one from Providian-acopy of a 'Reply Card' card saying 'Please reply by 15th Dec 2000'-it has my signature and dated 29 Nov 2000.No terms & Conditions.Another separate copy headed 'Financial And Related Conditions' which may be copy from any year-no link between the two.Willing to provide (not obliged as they are assignee) Barclaycard Credit Agreement when a copy is provided by the Assignor.My cheque was returned and they have stated that. 'You will observe that section 77 and 78 CCA74 states that ''The Creditor under a regulated agreement...shall give the debtor'' cetain documents.The Claimant also submits that it is an assignee of the contractual benefits of the agreement.Accordingly Cabot Financial (UK) Ltd(''Cabot UK'') is not the Creditor for the purpose of the CCA74 as defined by Section 189 of the CCA74. The CCA states that the Creditoris ''the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law,and in relation to a prospective consumer credit agreement,includes the prospective creditor'' The Claimant in this case is the Assignee of the contractual benefits of the Credit Agreement and the Judgement.The contractual liabilities and the burdens of the Credit Agreement have not been assigned.The Claimants position is that as a matter of contract law,an assignment transfer the rights or benefits but does not relieve the Assignor of duties or burdons of liabilities to the other contacting party or entitle that party to enforce such duties or burdens of liabilities against the assignne of the debt.In the House Of Lords case of Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd (1994) 1 AC 85,Lord Brown-Wilkinson stated that ''It is trite law that it is, in any event, impossible to assign ''the contact'' as a whole,i.e.including both burden and benefit.The burden of a contract can never be assigned without the concent of the other party to the contract...''Therefore, it is submitted that the claimant is an assignee and has not been assigned the burden or the liability of the the Credit Agreement.Therefore the Claimant is not bound by Section 77 or 78 CCA74 requests. As we the Claimant is not the Creditor for the purpose of the CCA74, we return your cheque to you. I have filed my Defence saying that there is no valid agreement and no monies are due to Cabot. 1)The Claimant has not provided true copy of agreement fully compliant with all the regulations made under the provisions CCA 1974.Proof Required. 2)No Statement of Accounts 3)No Default Notice from Cabot 4)No Notice of Assignment etc total claim £20645.62 Allocation Questionnare to be filed by 18/7/10. Any help/suggestions will be appreciated