Cabot/BarclayCard CCA

[Uptotheneck]

Hi Guys I CCA requested Cabot a couple of months ago on this account,

here is what they have sent me. There are other pages but I think they are of no consequence.

 

 

 

 

 

I would gratefull for any feedback

 

Regards

 

David

[bazaar]

LOL, Well its funny that this is a representation of something presumeably you never received. The dates are all over the place too.

Did you ever receive the free gift of your choice? as per the APPLICATION FORM??

[Uptotheneck]

I cant remember if I got the free gift, maybe it was a lifetime subscription to Cabot??.

 

What should my next step be?

 

 

Regards

 

David

[clemma]

Send Crapbot the following letter:

 

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

Dear Sir/Madam

 

RE: Agreement/Account number

 

Thank you for your response to my letter dated xxxxxx 2009, making a formal request for a true copy of the original credit agreement for the above account under the Consumer Credit Act 1974 (Sections 77-79).

 

The documents you supplied me appear to be no more than an application form, and as such are not a satisfactory response to my request. Nowhere on the front of the document is there any reference to the prescribed terms and conditions that such an agreement must contain. I must assume that these are unconnected documents and once again inadequate to satisfy your obligations.

 

As you are aware you are obliged to provide me with a true copy of my agreement as defined under Section 189 of the CCA 1974. and I consider that you have failed to comply with my request for these documents

 

 

Under the terms of the above Act, a creditor has 12 working days to provide the requested documents. This deadline has now passed and I have not received the requested documents from you.

 

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable & I therefore consider that this account is in dispute with immediate effect & it follows that all payments to this account are suspended forthwith.

 

I draw your attention to the legal requirement that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and therefore the following applies:

You must not demand any payment on this account, nor am I obliged to offer any payment to you.

You must not add any further interest or charges to this account.

You must not pass this account to any third party.

You must not register any information in respect of this account with any of the credit reference agencies.

You must not issue a default notice on this account

I hereby give you notice that if you proceed with any of the above actions, I will file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service.

 

Yours faithfully

[Uptotheneck]

Many Thanks for the quick replies.

 

Clemma, the letter will be in the post box in the morning

 

 

Regards

 

David

[clemma]

Your welcome

 

Ooops - should have said - send it recorded delivery and PRINT do not sign the letter.

[Uptotheneck]

The letter is winging its way as we speak.

 

 

Regards

 

David

[Uptotheneck]

*Update*

 

I received a phone call from Cabot yesterday afternoon, wanted to go through the usual 'security' checks. I refused as usual, told them all comms in writing, but we need to discuss a letter you have sent us. Told them again all comms in writing and put the phone down.

 

Now I presume this will be a 'reply' to the above letter sent, what should my next step be?

 

Many thanks

 

David