Morgan Stanley/Goldfish Cabot are now chasing advice please

[MARTIN3030]

Some good news.

From the FSA website-looks like they have been investigated.

 

 

Liverpool Victoria Banking Services

Following our investigation into sales of single premium PPI policies, LVBS will write to affected customers to explain compensation arrangements. If you are a customer and want more information about what this means for you, call LVBS on 0800 022 3867.

 

 

Dont know if this affects you ?

[trumpetmaest]

I have posted this on the general thread .

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1724549.html

 

 

 

I would be grateful for any advice. To quote Sir Alan Sugar " I havn't got a bloody clue"!!

 

Help:eek:

[trumpetmaest]

I have just received a letter from 'Hodsons'.

 

Dear Trumpetmaest

 

RE: Account No

 

We have been instructed bycabrot financial Europe who are administering your above referenced account on behalf of cabrot Financial UK.

 

The outstanding balance on your account is (totally made up).

As yor account is in default , the full amount outstanding is payable immediately.

 

Our client has been unablr to obtain satisfactory settlement from you.

 

We are therefore instructed to issue proceedings for recovery of all sums due without further norice or warning if you fail to agree payment terms with our client within 7 days from the date of this letter.

 

Our client will seek prompt enforcement of any court judgment obtained against you.

 

You should contact our client now on 0845 etc quoting your cabrot ref blah blah.

Yours sincerely

 

Made up signature

 

For and on behalf of Hodsons

 

 

Anyone got advice on how to deal with this?

 

In my opinion (others on here)

 

Cabrot have not provided an enforcable agreement

 

They have not fully complied with my S.A.R - (Subject Access Request) request

 

They are now trying to contact me via telephone, ignoring my harrassment letter.

 

They have issued a default on this alledged debt that I do not acknowledge.

 

 

P.s the letter was sent from the same place as Cabrot send their letters. Surely they cant print off Solicitors letters as well?

[Patma]

Hi Trumpetmaest, Is the result of your CCA request available to check out on the forum?

If not it would help if you could post it here (minus personal details).

[trumpetmaest]

I will post it up. However, it is the same Application form that has been posted up by lots of other Goldfish/MSDW 'victims'.

[Hadituptohere]

thats good then trump but the more info the more help you'll recieve

good luck!

 

Hadituptohere

[trumpetmaest]

[trumpetmaest]

[trumpetmaest]

i disputed the agreement & this is what I got back

 

[trumpetmaest]

[trumpetmaest]

1. I believe the 1st to be an application form only. Even though the words have been blanked out at the top by someone!

2. The terms etc are from Glodfish. The application was signed in 2000 and was with MSDW so these are not correct imho.

 

Any advice? other peole been through this?

[itsamomentintime]

1. I believe the 1st to be an application form only. Even though the words have been blanked out at the top by someone!

 

it would be a shame if someone also blanked out the words 'credit agreement'

[trumpetmaest]

Is it an enforcable document? Please can someone have a look

Have they provided all items requested in my SAR? No

[Hadituptohere]

Hi trump

Have a look at post 76 of my thread

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/127059-hadituptohere-cabot-4.html

 

I would also try dropping pt a message with a link to your thread for his valued advise

 

Hadituptohere

[creditcardmug]

Its too small to read, the only question is whether the prescribed terms are on the page you signed, or does it say the terms are overleaf?

 

Cabot are never going to agree with you that its unenforceable, that will only be decided if/when the matter is in court.

[trumpetmaest]

The document is very small. does anyone have an archived version from 2000 so that I can compare?

[trumpetmaest]

Been trawling through here and I found this form from 2001. It looks to be pretty similar to mine but you can read it!

 

The only difference seems to be where they stuck the 'Application Form Barcode' and also part 11 on mine just says please sign the box below

Does this help?

[creditcardmug]

Yours has an extra bit under it though, its obviously on a microfiche, its illegible so isn't enforceable on that ground alone.

[trumpetmaest]

Yes the bit at the bottom contains a space for a signature that has not been signed and also the date 26/11/00

[Hadituptohere]

I agree with creditcardmug, the document is an application form, the document is illegible, theres no signature from msdw, and doesnt conform as a properly Excecuted CCA and therefore unenforcable under section 61:

 

61. Signing of agreement

.

— (1) A regulated agreement is not properly executed unless— (a)

a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

 

(b)

the document embodies all the terms of the agreement, other than implied terms, and

 

©

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.

 

Hadituptohere

[trumpetmaest]

I agree with creditcardmug, the document is an application form, the document is illegible, theres no signature from msdw, and doesnt conform as a properly Excecuted CCA and therefore unenforcable under section 61:

 

61. Signing of agreement

.

— (1) A regulated agreement is not properly executed unless— (a)

a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

 

(b)

the document embodies all the terms of the agreement, other than implied terms, and

 

©

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.

 

Hadituptohere

 

 

I have sent cabot letters saying this but they have gone down a route that has ended with Hodson threatening court action in 7 Days from 29th October.

:-?

 

Why do Cabrot think they have a case? surely it must be costing them money for Hodsons when I go to court if they carry out their threat.

[Hadituptohere]

As ive said earlier cabot have recently been lucky enough to get around parts of the CCA and sway the judges on a couple of cases that members have posted on here, this is probably why cabot are sending Hodsons in trying to use the same crap that they've mustered up, thats why id recomend mesaging some of the more experienced members asking for a little help in putting this one to bed.

 

Hadituptohere

[trumpetmaest]

I was going to message pt but it says that he is away for next month or so and do not message.

Any ideas who else to contact?

[Hadituptohere]

pt has had that on his signature for a while now, got to be worth a try

[trumpetmaest]

pt has had that on his signature for a while now, got to be worth a try

 

I have tried but the message cannot be sent due to exceeded store limit.