Naughty Cabot

[bulldog36]

Hi

 

I have been reading a few treads on here regarding cabot and took the advice and sent them a CCA request and a S.A.R back in August, Yesterday i got a letter from Cabot with what i think might be my application form enclosed but cabot are claiming its my credit agreement and a letter from my OC explaining my account had been passed to cabot in 2001.

 

I find this strange as i have been in contact with my OC regarding another account i have with them so asked them about this letter and guess what it did not come from them it was Cabot passing themselves off as my OC

 

In the letter cabot has stated they do not have to supply me with the deed of assignment as i had requested in my letter.

 

Not sure what to do next

[Curlyben]

Can you scan the "agreement" for us to have a look at ?

What type of account is this ?

[bulldog36]

Hi Curlyben

 

It's a credit card account, i have tried to post the agreement here but it only comes out as a thumbnail

[Curlyben]

Try it on Photobucket and post the link

[bulldog36]

see agreement below

[Curlyben]

Pssst Image hosting, free photo sharing & video sharing at Photobucket

 

either that or scan as a pdf and attach that file.

[Brassed off]

Hi Bulldog

 

Had same problem with scanning - try uploading to photobucket as jpeg (after removing personal stuff!), then right click on the IMG code, copy and paste onto your thread:)

[NailPost]

Is the application form signed by you and someone from the original creditor. If it ain't its not worth the paper its written on.

 

And if its from 2001 its very close, if not already, to being statute barred.

[bulldog36]

 

lets hope this works

[Curlyben]

Gee what a wonderfully clear copy.

Is that as good as it gets ?

 

Part of the CCA is supplying an agreement that is legible.

 

© the document is, when presented or sent to the debtor or hirer for signature, in

such a state that all its terms are readily legible.

 

Anyway I digress

 

As this is clearly an application form I doubt ot complies with CCA.

It MUST contain ALL the prescribed terms and be signed by the creditor and debtor.

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

 

 

Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

[bulldog36]

Hi Curlyben,

 

I will try and make a better copy when i get home tonight, it's only a photpcopy they have sent me and it's not very clear but will give it a go later.

 

I thought it might be the application form despite a nice white sticker over that part

[Curlyben]

Bulldog, don't panic I was pulling your leg.

Does it contain the referenced information from my post above ?

[NitrousOxide]

My!

Look at the mess they sent you! You need some sort of psychic power to read that.

[bartymuv]

the date shows as the 24/1/99.

 

is that relevant?

 

bartymuv.

[bulldog36]

Hi Curlybed

 

No it does not contain any of the things you have said in your earlier posting, it just contains my personal details like place of work, address, banking details and any other loans or cards, nothing about credit limit or that stuff

[Curlyben]

Now that's a shame.

Cabot do have problems coming to terms with the word UNENFORCEABLE

 

Let us know when they start demanding payment again, until then WAIT as the clock is still ticking.

[elizabeth1]

Now that's a shame.

Cabot do have problems coming to terms with the word UNENFORCEABLE

 

Let us know when they start demanding payment again, until then WAIT as the clock is still ticking.

 

 

YES Cabots are very keen at using templates and pretending to be the Original Lenders - these letters will show up in the SAR's diary of events etc..

 

Cabots are really confused regarding what is an agreement and what is an application form. Just sit and wait and give them rope - they'll hang themselves soon enough with this lousy stuff.

[bulldog36]

I got the reply from cabot to my S.A.R but having trouble understanding all the rubbish they have sent me

 

Does CPP class as making a payment?