Aqua halifax credit card

[the_shadow]

Hi Spidey

 

If they insist on saying it can be a separate doc quote them some stuff from below.

 

1. A valid credit agreement must contain certain terms within the signature document (s.60(1)(2) CCA 1974). These core terms are the credit limit, repayment terms and the rate of interest (SI 1983/1553 (6 Signing of agreement) which states that the prescribed terms must be within the signature document. (Column 2 schedule 6). s.61(1)(a) states the agreement must contain all the prescribed terms and be signed by both the debtor and on behalf of the creditor.

 

Further, s.127(3) CCA 1974 makes the account unenforceable if it is not in the proper form and content or improperly executed.

 

In Wilson and another v Hurstanger Ltd (2007) it was stated “In my judgment the objective of Schedule 6 is to ensure that, as an inflexible condition of enforceability, certain basic minimum terms are included which the parties … and/or the court can identify within the four corners of the agreement. Those minimum provisions combined with the requirement under s.61 that all the terms should be in a single document, and backed up by the provisions of section 127(3), ensure that these core terms are expressly set out in the agreement itself: they cannot be orally agreed; they cannot be found in another document; they cannot be implied; and above all they cannot be in the slightest mis-stated. As a matter of policy, the lender is denied any room for manoeuvre in respect of them. On the other hand, they are basic provisions, and the only question for the court is whether they are, on a true construction, included in the agreement”.

 

2. The need for prescribed terms to be contained in the credit agreement is confirmed by the Author of the CCA1974 act, I quote ““As the draftsman of the Consumer Credit Act 1974 I would like to thank Dr Richard Lawson for his interesting and well-argued article (30 August 2003) on Wilson v First County Trust Ltd [2003] UKHL 40, [2003] 4 All ER 97.

Dr Lawson may be interested to know that I included the provision in question (section 127(3)) entirely on my own initiative. It seemed right to me that if the creditor company couldn’t be bothered to ensure that all the prescribed particulars were accurately included in the credit agreement it deserved to find it unenforceable, and that the court should not have power to relieve it from this penalty. Nobody queried this, and it went through Parliament without debate. I’m glad the House of Lords has now vindicated my reasoning and confirmed that nobody’s human rights were infringed.” - 167 Justice of the Peace (2003) 773.”

 

S.

[trooper68]

i did sar them last year all i got back was a copy of my statements , a copy of an application form , a set of t&c's a copy of noa with right account number but wrong card (lol ) and a copy of what they call a letter to greet me to cabot which was a load of squigles and a's and z's made no sense whatsover

 

 

Then they have nothing, do nothing, let them jump though hoops.

 

trooper68

[spidey41]

thanks for that much appreciated

[spidey41]

i recieved a fake noa from cabot some months ago , i told them that this was not acceptable and wanted to see a copy of the original , now cabot inform me the original no longer exists , where do i go from here

[palomino]

No need to do anything - the ball is their court.

 

Sleep easy.

[spidey41]

i think they are getting desperate , i am getting 2 letters a week from them now , i anly have seven months till this is stat barred , hopefully this will drag out till then

[diddydicky]

i think they are getting desperate , i am getting 2 letters a week from them now , i anly have seven months till this is stat barred , hopefully this will drag out till then

 

totally ignore them do not phone or respond to their letters

[spidey41]

today i recieved a letter from cabot ,

as you have repeatedly failed to pay this debt we have now moved it to litigation

 

this means if you do not pay one of the following will happen ,

a bailiff will call and take your electrical goods or

a charging order will be placed on your house or

an attachment to your earnings will be placed or

you will be called to court to explain yourself or

a debt collector will call .

 

what a load of crap ,

i would like to see them do these things without going to court first ,

who do these muppets think they are ,

 

i sent the whole letter back to them and just wrote straight across it GO ON THEN DO IT ,

i advise anybody else thats gets one of these letters to do the same

[Bazooka Boo]

Oh Fantastic!! Christmas come early:D!

 

Please tell me you still have the letter??

 

Remove all ID and post it on here for others to wet themselves over, then send a COPY straight to the OFT for their attention,

For all enquiries, guidance on the work of OFT and to report anti-competitive or other behaviour by a trader or traders, please write to:

Enquiries and Reporting Centre

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX.

 

That has to be even more amusing than the normal drivel they send out 'Valid, even if not read by you'

 

Classic.............

[spidey41]

no i dont have letter as i said i wrote across it in marker pen go ahead do it i did fax a copy of it to the oft first though

[alfwithhair]

Can Crapbot get any worse?

They are just getting ridiculas now with their idle threats.

The regulatory authorities need to come down on this lot HARD and FAST.

I look forward to receiving my copy. It will write on it with more than a marker pen, will write on it in s**t, saying

"Please find enclosed a true copy of what your letter contains"

Edited November 25, 2009 by alfwithhair

[dcakiller]

the oft, trading standards will no doubt just swallow keying/admin error

[spidey41]

its a bloody big keying error or admin error i would like to this explained to judge if i was to use it in defence if they take me to court along with the so called noa which had wrong adess wrong date and even wrong credit card on it lol

[ODC]

I got one of those silly letters from Crapbot in the same post as a letter from them admitting the alleged debt was Statute Barred

 

Needless to say it is now in the hands of the OFT

[spidey41]

they should start taking notice soon then hopefuly

[NailPost]

Cabot are really getting desperate. With Christmas coming and big fat bonuses expected by all their staff they are scraping the bottom of the barrel of their statute barred and documentless accounts hoping someone somewhere will cough up.

[spidey41]

i wont be one of them as far as i'm concerned they can stick their demands were the sun dont shine , i wont even pay them if they take me to court and i lose , i would sooner go to prison

[spidey41]

Quick Question , Iv'e A Year Left Till One Of My Debts Is Stat Barred , If Within That Year I Get Takent To Court And Lose Does The Clock Start All Over Again Or Can I Still Hold Out For The Last Few Months After A Ccj

[cerberusalert]

A CCJ over rides everything and never becomes statute Barred.

[Huff&Puff]

If you lose in court than the clock becomes irrelevant, as you will have a CCJ against you. Stat Barred just means that it is out of the time period in which they are allowed to start legal action.

[spidey41]

crapbot have got fed up with me and passed my account to FIRE do i need be more concerned now or is it just another poxy dca that does not know the consumer credit act law . advice please

[Crocdoc]

Your spot on, just another poxy DCA

[gyos]

FIRE are just Cabot pretending to be someone else.

 

FINANCIAL INVESTIGATIONS AND RECOVERIES (EUROPE) LIMITED

 

Address:

C/O CABOT FINANCIAL (EUROPE) LIMITED

1 KINGS HILL AVENUE

KINGS HILL

WEST MALLING

KENT

ME19 4UA

[spidey41]

LOL i read that are another desk at cabot but fire's adress is rugby ? leter did come from usual doncaster sorting office though

[spidey41]

adreess to reply to fire's letter is

po box 4506

rugby

cv21 9dy