unreadable cca from goldfish/cabot

[r&b]

Hi all. I have recieved a reply (long after the 12 day cut-off) from cabot financial regarding the debt they have taken on from Goldfish Bank. The cca they have sent is too small to read but they seem to think, as in their letter, that they have now fulfilled their obligation under the cons cred act 1974. i ve read that illegible/unreadable replies do not indeed fulfill this, my question is what do i do next? Also what is the point of the 12 day window if they can just produce one whenever they get round to it? Is there any legislation that penalises them for this? Many thanks in advance

[baileyboy]

Well, unless its entirely legible, they have not complied with your request and are still in default.

[ccman]

Took me about 4 months to get a copy of my "agreement" out of Cabot after they got it from Goldfish. Was rubbish when it turned up anyway!

 

Good luck!

[r&b]

Hi all. The attached is the copy of the "credit agreement" sent by cabot for the Goldfish debt they have taken. as you can see its so tiny its unreadable. This was accompanied by a phtocopy of some terms and conditions and a few statements from 01/02/07 to 06/07/08, last paymt made on 07/01/08 according to the statements. There is also a notice of assignment of the account with "representation of letter dated 25/09/08" written in pencil across the top and a very odd letter where no details have come through at all (both attached). Ive read on a thread here that 'Laise' who appeared to be a lawyer or in the legal profession, said that it was best not to alert these companies by sending acc in dispute and SARs and merely build a case based on unenforcable cca and harrassment- phone calls/letters,etc., which makes sense to me. My problem here is as they have sent something, albeit unreadable, in court, would they enhance this and produce a readable copy and destroy any defense i had built on the unenforcable cca lines? What course of action should i take here? I am currently telling them politely to put anything they have to say in writing when they call, but i m guessing it wont be long before they threaten and pursue the court route.My instinct is to send an account in dispute letter on the grounds of the cca being unreadable and thereby unenforcable and see what i get back. Any thoughts/ideas would be most welcome.

[r&b]

sorry about the size these are better...

src="http://i615.photobucket.com/albums/tt231/robntanya/CABOTGOLDFISHCCA.jpg" border="0" alt="Photobucket">

src="http://i615.photobucket.com/albums/tt231/robntanya/CABOTGOLDFISHnoticeofassignment.jpg" border="0" alt="Photobucket">

src="http://i615.photobucket.com/albums/tt231/robntanya/CABOTGOLDFISHnoticeofassignment2.jpg" border="0" alt="Photobucket">

[r&b]

any ideas this? what is the plan if they send unreadable cca? do i need to reply and give them a chance to amend the cca ?

[42man]

If it is unreadable then write to them stating this and quote the piece from the CCA74 in this thread - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/146767-illegible-cca-copy-received.html#post1548408

[Desperate Daniella]

Hi r&b,

 

This is actually a Morgan Stanley application before they were taken over by Goldfish. You need to get Morgan Stanley (MS) into your thread title as there are a number of us with these agreements, or variations on them. Mine isn't exactly the same, but you have the financial conditions down one side of the back page, and these are almost certainly an excerpt from the real T & Cs, which were on a separate document. I can't actually read them, but I'm almost certain they will be the same as others, with references through to conditions which aren't there. Have a look at Noomill's thread - I think his application form might be like yours. It's also worth looking at all the other MS/Goldfish/Barclaycard threads.

 

The prescribed terms have to be "within the four corners of the agreement" - they cannot be in a separate document.

 

Goldfish are now owned by Barclaycard who sent me my almost illegible copy. I wrote back to them asking them to explain all the discrepances about conditions relating to other conditions (missing!!) and haven't heard back. I'll let you know when I get a reply.

 

DD

[r&b]

thanks daniella i ll have a look..

[blencathra]

Best wishes Daniella. You seem to be fighting on more fronts than the British Army. Its so familiar how many of us have the t shirt and the video.

 

Regards Blencathra

[Desperate Daniella]

Yes, Blencathra,

 

It does seem a bit like that at times, but compared to how things were in October this is a hundred times better. So far, I have one agreement which is totally unenforceable as I have written to tell them, a signature box from Cap One, and that won't be enforceable, the three with bcard, then another account which looks okay, but I really don't think the T&Cs were actually on the back so I need to go and have a look because if they weren't there it won't be enforceable, and still waiting on BOS's agreement after three months and three requests, and it's over 10 years old so who knows what it will say.

 

I was absolutely beside myself before I discovered CAG. Then I've seen that other people have as many cards/loans, etc., as I do - and more!! - and are fighting them and I feel so much better.

 

It's obviously not brilliant, but it's definitely better.

 

DD

[r&b]

so true danilella we have what seems like mountains of debt which went horribly wrong when i was bitten in a very nasty place by the credit crunch.....but the support here really does help...we re in the early stages of sorting it but there s light at the end of the tunnel.....we ve got various stages from ccjs and charging orders on our house to wot appear to be "hot potatoes" bein thrown arnd dca s. as a whole they seem daunting but separating them out and handling them individully with the advice from the very kind souls on here gives a different outlook on things.....id never have dreamed of takin one of these companies on in court myself but if it gets to that - it will - i ll have a crack having taken some advice from here of course...reading of some success stories helps immeasurably..

[r&b]

cabot were driving us mad with phone calls, all replies were, "put everything in writing and i ll reply to that". sent the harrassment letter to which i ve had this reply....are there any other letters i can let them have or should i just report them, if so to whom and how? the situation here is that ive had an illegible CCA and some statements in reply to my CCA request and a letter stating that they are compiling my SAR.

 

src="http://i615.photobucket.com/albums/tt231/robntanya/CABOTharrassmentreply.jpg" border="0" alt="Photobucket">

[r&b]

Been a long time but this has come back to bite... its been clubbed together with another debt so updated together on new thread here if anyone interested:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?302107-CABOT-EGG-GOLDFISH-COURT-ORDER-clubbed-together