Jump to content
GAVBU28

Cabot financial playing games or not.

style="text-align:center;"> Please note that this topic has not had any new posts for the last 4118 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

To cut a long story short I’ve got a 15k debt from Barclays that’s being dealt with by cabot financial. I can’t scan the docs in as I don’t have access to the technology, sorry.

I’ve asked for a copy of the cca and they supplied a micro film from 1992 that is obviously an application form where I applied for both Visa and MasterCard and also got a free atlas or alarm clock, I took the atlas which never arrived!!!! The cca part is in a small box above my signature and contains about 20 lines with nothing to do with interest rates or credit limits.

I’ve sent the dispute letter telling them they’ve sent me nothing but an application form and Lucy O’Hara has replied telling me that cabots position remains unchanged and that I’ve been misinformed in relation to the arguments I continue to raise and I’ve no grounds for my continued dispute.

They advise me that the agreement supplied is valid hence the statements stating it is a “credit agreement relating to CCA 1974” supported underneath by my signature.

Furthermore they’ve supplied me with a copy of T&C from the applicable account in 2003 before the debt was purchased by cabot.

Now they’re also threatening me with collection proceedings if I don’t arrange payment in 14days.

Now I understand that its difficult without seeing actual documents, but I have no access to post them up.

Can anyone advise me on my next step, do I need to send a different letter and sit tight as it does appear like they’re bluffing with the application from 1992 and T&C from 2003 photocopied and attached in today’s letter.

Any help would be appreciated and this debt isn’t statue barred.

Thanks

Share this post


Link to post
Share on other sites

As far as I'm aware most barclaycard agreements from this period are not enforcable. Lucy O'Hara would say that wouldn't she? Do you have the default notice or notice of assignment? Is the form that they have sent to you legible?

Edited by tendogs
blidy arful spilling

I do very little but I do it very, very well :cool:

 

If I've helped give my scales a click

:smile:

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

Share this post


Link to post
Share on other sites

Send a copy of her reply to the OFT - and what exactly are "collection proceedings"? - a whip round in their Office for you?? If they pursue payment without sending you a copy of the credit agreement they are breaching the Data Protection Act 1998, the CCA 1974, the CPUTR 2008 and OFT Guidelines. Stick that up Cabot's complaints department with a copy to the OFT, who are wanting all the evidence they can get to nail DCAs who break the law to the door.

Share this post


Link to post
Share on other sites

Cabot are full of c%%p, if you continue to correspond with them the only result will be indigestion, my advice ignore them.


Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

Share this post


Link to post
Share on other sites

Thank you for the responces.

 

I do not have any default notice or notice of assignment and the "application form" is just about legible.

 

Maybe I should just ignore them for now on, but I'd like to send a further letter to be honest as they're disputing my dispute of a correctly assigned credit agreement.

Share this post


Link to post
Share on other sites

I wouldn't ignore them - I wouldn't let them off with it and I would make sure the OFT know the extent to which they are breaking the law. If we just ignore them and let them get away with it nothing will ever be done to stop them making peoples lives a misery.

Share this post


Link to post
Share on other sites

Im not saying dont complain to OFT etc, just that you have written putting the matter in dispute, and they continue waffling, so why bother wasting stamps

Youre not letting them off with anything


Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

Share this post


Link to post
Share on other sites

Bump

Share this post


Link to post
Share on other sites

I’m with CCM here, for what it’s worth.

They must be reported, companies with high risk consumer credit licences are coming under increasing scrutiny from the OFT and there is a ground-swell of opinion that they need to be subject to more regulation.

One of the ways that the OFT can identify the more suspect of these companies is by the number of complaints lodged against them.

I understand your desire to tell them how unreasonable they are but, quite frankly, I cannot see where it will get you. The most likely response will be that they send you another infuriating letter to which you will want to respond and then they send you another infuriating letter or, worse, they ignore you.

In the final analysis the very worst that can happen to you is that they instigate proceedings, you lose the case and a Judge requires you to pay, no more than you can afford, in instalments (I’ve a payment of £10.00 a month on a £8,000.00 debt).

All that is a long way in the future and there are any number of things that you can do to reverse this process but I would let them do the work, and spend the money.

My Barclaycard account went as far as Northampton where it was stayed (about 9 months ago) because I recon they were not too sure of winning given the lack of notice of assignment and the incomprehensible application form.


I do very little but I do it very, very well :cool:

 

If I've helped give my scales a click

:smile:

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

Share this post


Link to post
Share on other sites

So I should complain to the OFT, this I have never done before can you advise me what I need to do please.

Do I tell them and send them all the correspondence to date? and then explain why I'm complaining? (Becuase they've mainly sent an application form and not a properly executed CCA)

Thanks

Share this post


Link to post
Share on other sites

On what grounds are you saying this is merely an application form?

 

If the document contains those details required by the Consumer Credit Act then it doesn't matter what the heading on the top says.

 

If the prescribed terms are on the form but not necessarily in the box you have highlighted then it will be construed as an agreement.


I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

Share this post


Link to post
Share on other sites

I wish I had a scanner!

The form states along the top that it is indeed an application form. The information on the form was supplied in 1994 and I have signed for both visa and mastercard.

The box above my signature says:

Credit agreement regulated by the cca 1974

The basically says please send me a card and pin number / If I’m accepted I authorise additional card for person named / I allow credit enquiries to reference agencies / I agree to be bound by conditions set out overleaf (Which I don’t have, they sent me T&C from 2007 separately and 2003 separately), / and I agree they may share my information.

Cabot have recently sent me another set of T&C which they say applies to the account from 2003 just before they bought the debt. They also state that the T&C may be set out in a separate document as long as the document is referred to in the credit agreement, which they claim in this instance it has been.

They claim I have been misinformed about this being just an application form and I’m now starting to think I have misunderstood my position.

Can someone please help

Share this post


Link to post
Share on other sites

I do very little but I do it very, very well :cool:

 

If I've helped give my scales a click

:smile:

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

Share this post


Link to post
Share on other sites

Thank you tendogs, I'll take a look.

Share this post


Link to post
Share on other sites

Well having read the very informative link posted by tendogs I'm now convinced they've fulfilled their obligation and sent me a valid signed credit agreement.

Now with the form supplied not showing the reverse of the form, I can’t confirm if any prescribed terms or credit limits etc are attached. The form is signed by me but without seeing the back I can’t tell if its valid or not.

I also notice that they could have sent me a document back in 1994 for me to sign with prescribed terms separate from my original application for me to sign, I don’t recall. I do recall going in the bank to fill out an application form, which they’ve sent me to fulfil the obligation for CCA request

Can anyone suggest what I should do next, I’m thinking of contacting them to starting paying again. :confused:

Share this post


Link to post
Share on other sites

If it has no prescribed terms ie a reference to a credit limit, an interest rate, and a repayment schedule plus your signature, then it is not a copy of your agreement. If you have decided it is after all an enforceable agreement, then start paying them at a rate you can afford.

Share this post


Link to post
Share on other sites

"They also state that the T&C may be set out in a separate document as long as the document is referred to in the credit agreement, which they claim in this instance it has been".

 

The general T&Cs may be set out in a separate doc, but the prescribed terms may not!...once again they are waffling

 

 

. The prescribed terms must be with the agreement for it to be compliant with section 60(1) Consumer Credit Act 1974. In addition there is case law from the Court of Appeal which confirms the Prescribed terms must be contained within the body of the agreement and not in a separate document

 

17. I refer to the judgment of TUCKEY LJ in the case of Wilson and another v Hurstanger Ltd [2007] EWCA Civ 299

"[11] Schedule 1 to the 1983 Regulations sets out the "information to be contained in documents embodying regulated

consumer credit agreements". Some of this information mirrors the terms prescribed by Sch 6, but some does not. Contrasting

the provisions of the two schedules the Judge said:

 

"33 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 (with the benefit of legal advice if necessary) 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. More detailed requirements, which

are designed to ensure that the debtor is made aware, so far as possible, of specified information (including information contained in the

minimum terms) are to be found in Schedule 1."

 

18. If the agreement does not contain these terms in the prescribed manner it does not comply with section 60(1) CCA 1974, the consequences of which means it is improperly executed and only enforceable by court order

 


Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

Share this post


Link to post
Share on other sites

As I think I mentioned yesterday this document they've sent me certainly has no mention of interest rates, credit limits, payment terms or anything of that nature. Now the reverse of the document could have had these on, but they've failed to send me that.

 

Maybe for peace of mind I should SAR barclays and see if they've got the reverse of the document. Then again as mentioned above maybe I should let cabot do all the running and see where this goes.

 

Thnk you for all the advice given so far.

Share this post


Link to post
Share on other sites

Don't bother if the document had those important prescribed terms they would have sent it you the full copy already. They know why you are asking for it and would not miss to send that part to you if they had it

Share this post


Link to post
Share on other sites

Yes I take your point but I may still SAR Barclays for peace of mind.

This is a large debt and I don't want to take any chances, if they have no agreement then the ball is in my court, and I can dictate proceedings not them.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...