Cabot returned stat fee.

[pebs]

recieved a letter from cabot along with this cca saying as they have complied with request the debt is now enforceable.

Would someone take a look at this please and see if it is because it has application form stamped on it.

Thanks

 

 

[Edz11]

You just want reassurance don't you? You know as well as anyone else on here that there aren't any prescribed terms on that "agreement"

[Curlyben]

Oh dear so sad.

Yet another Cabott Turkey.

NO prescribed terms so complete unenforceable !!!

 

 

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

[pebs]

Just as I thought! :grin:

 

Can any one help me with a response to Cabot please?

[Seahorse]

How about...

 

Sorry, Cabot. It looks as if your mates over at Cap1 have shafted you good and proper. Again. Please put this down to experience and stop bothering me.

 

[itsamomentintime]

How about...

 

Sorry, Cabot. It looks as if your mates over at Cap1 have shafted you good and proper. Again. Please put this down to experience and stop bothering me.

 

 

 

PMSL!!!

[pebs]

How about...

 

Sorry, Cabot. It looks as if your mates over at Cap1 have shafted you good and proper. Again. Please put this down to experience and stop bothering me.

 

 

 

Ha! Good one!

 

Seriously though does anyone have a link to a template letter for this sort of thing plz?

[Edz11]

I'd just write thanking them for what they have sent, but asking when you can have a copy of the agreement that has the prescribed terms. They'll know what you're getting at.

 

But, Seahorse's suggested reply is more direct and is equally valid.

[Curlyben]

Pebs, as there CCA request is still to be complied with there is nothing for you to say.

Once the time limits expire AND they demand payment then throw a report over to Trading Standards for action.

[pebs]

Thanks curlyben, they did say in the letter that unless contact was made to arrange payment they would issue proceedings....do you think they are just trying it on?

[Curlyben]

That'll be CCA Template #3 then.

File under IGNORE and wait for a proper response.

[pebs]

Will do, thanks!

[FANTASY CHARGES]

Just as I thought! :grin:

 

Can any one help me with a response to Cabot please?

 

 

how about this

 

Dear Sirs,

 

I am very concerned that your company "cabot" is not living up the the traditons and ethics of thr "great name " "CABOT".

 

I fully understand that both your company and the legendary explorer "John Sebastian Cabot" "explored" situations charting unknown territories

JS Cabot "charted unknown territories " in the real world.

 

Sadly as you attempt to "chart unknown territories" in the world of financial world of assignation inter alia , i personally believe your company is "putting" the whole industry at risk.

 

The buoys are out their to guide you through uncharted waters ( there is even a lighthouse over the road) and Cabot Tower still as always remains at Brandon Hill Bristol , to guide your weary explorers home.

 

 

John and Sebastian Cabot : Explorers and leaders : Maritime, sea & ships : Fact files : Learning : NMM

 

 

 

Cabot Tower is built high on a hill on top of Brandon Hill 260 feet above the Harbour behind Park Street. This 105 feet high tower commemorates the 400th anniversary of John Cabot's voyage to Newfoundland in America in 1497. He set sail in May in the Matthew in search of a new route to Asia.