Help with CCA from Cabot

[Maddiesdaddy]

Hi, sent Cabot a cca a few weeks ago, this morning i recieved a letter saying here is the reply to the cca and we can now continue to collect the debt, anyways could somebody please take a look at what they have sent and let me know if this is acceptable, the first page(application) does state the correct name address and signature but i cant read anything else ,they also sent a couple of pages of t&c's , any help would be appreciated,thanks

 

having probs uploading pics if you can help pm me and ill send you a photobucket link thanks

[honey5]

pm sent as requested

honey x

[fuzzybobble]

If the CCA is of such poor quality that most of it cannot be read, then it will be unenforceable.

Here's the relevent regulations it comes under-

 

 

Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 (SI 1983/1557)

 

 

Quote:

2 Legibility of notices and copy documents and wording of prescribed Forms

 

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed

agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety

under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily

distinguishable from the .

 

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed

agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act

without any alteration or addition, except that--

 

(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed

by these Regulations; and

 

(b) every Form shall be completed in accordance with any footnote.

 

(3) Any such footnote shall not be treated as part of any Form prescribed by these Regulations and may be reproduced

in addition to any such Form.

 

(4) Where any such footnote requires any words to be omitted, those words shall be omitted or deleted.

 

(5) Where words are shown in capital letters in any Form prescribed in Parts I to IV of the Schedule to these

Regulations and are reproduced in copies of unexecuted or executed agreements they shall be afforded more prominence

(whether by capital letters, underlining, large or bold print or otherwise) than any other lettering in that Form except

lettering inserted in accordance with paragraph (2) above and no less prominence than that given to any other information

in the copy apart from the heading to the agreement or copy, the annual percentage rate of charge for credit, trade names,

names of parties to the agreement or lettering in the document inserted in handwriting.

 

(6) Where words are shown in capital letters in any Form prescribed in Part VI of the Schedule to these Regulations

and are reproduced in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the

Act they shall be afforded more prominence (whether by capital letters, underlining, large or bold print or otherwise) than

any other lettering in that Form except lettering inserted in accordance with paragraph (2) above.

 

3 General requirements as to form and content of copy documents

 

(1) Subject to the following provisions of these Regulations, every copy of an executed agreement, security instrument

or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act

shall be a true copy thereof.

 

(2) There may be omitted from any such copy--

 

(a) any information included in an executed agreement, security instrument or other document relating to the debtor,

hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the

Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

 

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancellable executed

agreement delivered to the debtor under section 63(1) of the Act, the date of the signature by the debtor of an

agreement to which section 68(b) of the Act applies);

 

© in the case of any copy of an unexecuted agreement delivered or sent to the debtor or hirer under section 62 of

the Act, the name and address of the debtor or hirer; and

 

[(d) in the case of any copy of an executed agreement given to the debtor under section 77(1) of the Act for fixedsum

credit, or under section 78(1) for running-account credit, under which a person takes any articles in pawn, any

description of the article taken in pawn.]

[FredFerret]

Is it actually a CCA that has been received? or the usual Application form?

 

Ive just had a letter from these too,, So I'm gonna CCA them and see what comes out of it.

[honey5]

here you go maddiesdaddy

 

 

 

 

 

 

 

 

good luck

honey x

[pt2537]

Your havin a laugh Cabsnot if you think that you are going to enforce this agreement

 

Totally unenforceable as it stands as its illegible

[Maddiesdaddy]

thanks for looking, is there a letter template you can point me in the direction off so i can tell them their cca is worthlss

[fuzzybobble]

I have to agree. Looks like one I got from Direct Line. Obvious microfiche copy, and not a copy of the true orignial.

 

Also as you cannot read most of it,it's totally unenforceable in court. I also noticed it says Application form on two of the pages.

[fuzzybobble]

This is the letter I send when the agreement is illegible and isn't properly executed.........

 

Re: Account number xxxx

 

With reference to the above agreement, I would be grateful if you would send me a Legible copy of this credit agreement. Plus a FULL statement of account and a copy of any documents referred to within the agreement.

The copy you recently sent is of such a poor quality, that most of it is unreadable, and also fails to contain the full prescribed terms and conditions under the C.C.A. 1974.

Until you furnish me with a properly executed credit agreement for this account, I consider this account to be in dispute.

As you are well aware the documentation you sent me is insufficient evidence that you have recourse through the courts to prove I am your debtor and that any debt is legally enforceable. You will therefore appreciate that I have no alternative other than to confirm that I do not acknowledge any debt to your company.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if it doesn’t fully comply with

I look forward to hearing from you.

Yours faithfully,

Edited July 12, 2008 by fuzzybobble
copy and paste fromMS Word doesn't work properly on here lol

[Maddiesdaddy]

[Hi all , its been over a year since i have the above contact with cabot, sent them the letter saying unenforcable and so on , then today i recieved the following, any advice on would be great thanks.

[havinastella]

too small to read.

[Maddiesdaddy]

hi, again im haveing problems uploading a photo bucket pic, if you im me ill send you the link thanks

[Maddiesdaddy]

this is hopefull better

[havinastella]

Usual crap from Cabot.

 

Simple letter

 

Dear Morons

 

You may have complied with my request for a copy, try to enforce it.

 

See you Court

 

Love

 

x x x x x x

[Maddiesdaddy]

a very snotty letter lol, pointing out this and that, id like to send a snotty letter back, pointing out this and that too any help would be appreciated