Cabot and my Vanquis CCA Help - Is it enforceable?

[drob]

I had a notice of assignment from Vanquis informing me that Cabot have bought the account.

 

Previously Vanquis has past the account for collection to 1st Credit and C.A.R.S and in-turn 1st Credit and C.A.R.S had returned the account to Vanquis.

 

I have CCA'd 1st Credit & C.A.R.S and have CCA'd & SAR'd Vanquis, from this all i ever received was the following which obviously was a load of tosh.

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=7415&stc=1&d=1238078204

 

Once i received a letter from Cabot introducing themselves i wrote back to them and asked them to prove it. I have now received a CCA which they believe to be enforceable.

 

How can Cabot come up with an agreement were Vanquis (OC) - 1st Credit - C.A.R.S could not.

 

I would be grateful if someone with the knowledge could have a look at the following documents that Cabot have sent and advise me if the agreement is enforceable.

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=7415&stc=1&d=1238078204

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=7414&stc=1&d=1238078151

v2.PDF

v1.PDF

Edited March 26, 2009 by drob

[ageless]

Your full details are showing........I would remove immediately:eek:

[alfwithhair]

your personal detail are showing on the document

I would delete them immediately

[drob]

Details removed .......... thanks for pointing it out

[alfwithhair]

Your address and personal telephone numbers are still visable

[clemma]

Still lots of details showing on V1!!!!

 

Also, as you have signed second page (which contain prescribed terms) I would have to say this is enforceable.

[drob]

Yes second page have my signature on it ......... i am just curious has to how Cabot have come up with the all important second page. I have CCA'd & SAR'd the OC and they did not come up with the all important second page!!!!

Edited March 26, 2009 by drob

[shredder10]

I take it your credit limit falls into one of the amounts on page 2 yes

[drob]

I take it your credit limit falls into one of the amounts on page 2 yes

 

Yes

[drob]

** UPDATE **

 

Ok it does appear that Cabot have sent me an enforceable agreement. Cabot also supplied me with a detailed statement of account.

 

After carefully going through the statement i noticed that Vanquis had added charges for Late Payments and Unpaid D/D. I wrote to Cabot and asked for these charges to be removed fron the outstanding balance.

 

Cabot have replied with the following............

 

Dear drob

 

I understand your query relates to charges levied on your account by Vanquis. Please be advised that any dispute regarding these charges should be forwarded to Vanquis directly.

 

My question is? As Cabot have purchased the account from Vanquis then surely Cabot are liable to refund the charges levied on the account.

Edited April 10, 2009 by drob

[drob]

anybody?

[alfwithhair]

If the assignment is absolute you can claim against the DCA, if equitable (i.e. the DCA is just acting on behalf of the OC to collect the money), claim against the OC.

[drob]

**Update**

 

Cabot have agreed to write down my account by £72 which were the unfair charges i have been trying to claim.

 

Before i agree to pay Cabot should i demand that they ammend their entry on my credit file to reflect the correct amount outstanding??

[drob]

bump