CABOT/CCA and why they say its enforceable

[anton1]

oe final bit of help if possible and after googling and getting different addresses.could ayone point me in the right direction as to the halifax address? the one on the T&C`s shoes this address.

halifax plc

trinity road

halifax

west yorkshire

hx1 2rg

i dont want to send the SAR to the wrong place:)

[anton1]

forgive my spelling am just not with it today (shoes/shows,oe/one)

[silverfox1961]

My advice is to always send it to their registered office

[anton1]

thanks again that will be the address above.hopefully in 40 days or less i can update.unless i hear from the wonderful DCA CABOT:D

[anton1]

hi there again.Just a quick question as ive been sat here looking over my paperwork for the past two days and still dont know if there is any significance to my next question. Cabot when asked for my CCA`s for both accounts included a `notice of assignment` which had written in pencil at the top `representation of letter sent (date)`. my credit reports are clear and ive never recieved a default notice or termination is that at all relevant in my cases agains Cabot?

[ScarletPimpernel]

hi there again.Just a quick question as ive been sat here looking over my paperwork for the past two days and still dont know if there is any significance to my next question. Cabot when asked for my CCA`s for both accounts included a `notice of assignment` which had written in pencil at the top `representation of letter sent (date)`. my credit reports are clear and ive never recieved a default notice or termination is that at all relevant in my cases agains Cabot?

 

 

Following Cabot's reasoning, you could send them a Monopoly banknote with 'representation of payment' written in pencil across it.

[anton1]

hi scarletpimpernel,its funny you saying that but my wife had suggest the exact same thing LOL.Have you any thoughts on the ALLEGED CCA? or lack of default notice? and thankyou for putting a wee smile on my face:D

[ScarletPimpernel]

The alleged agreement is completely unenforceable in my view because there are no prescribed terms. The lack of a default notice is also fatal to their case.

 

Cabot appear to think that mendacity is a virtue; their letters are clearly intended to mislead, and I suspect that they are likely to be in breach of the OFT Guidance and CPUTR. I suspect you will find that the risible 'notice of assignment' letters will have been printed by Cabot on bogus creditor letterheads, and even if they had proof that they'd sent the original (which they seem not to have), they'd be highly questionable anyway.

[anton1]

thankyou scarletpimpenel.The letter they sent was a reply to my somewhat sarcy letter that i had sent them highlighting their inability to answer a question honestly(suprise).Ive sent a reply and also SAR to the oc yesterdsay but its difficult not to get into a game of bat and ball letter writing with them LOL

[anton1]

its alos quite funny but i asked for proof of any payment made by myself and that it was statute barred.they sent a two page printout with the number one next to payment recieved back in 2001.The trouble was it also said on the 2nd page barclays additional vendor info?They have yet to answer why it should say barclays when the alleged account is with Halifax!!!lol

[ScarletPimpernel]

Remember that you are dealing with dullards who only ever send template or cut and paste letters, so the likelihood of receiving a meaningful response is minimal.

 

I'd be inclined to send a formal dispute letter and tell them that no further correspondence will be entered into.

[anton1]

im glad you said that,in my letter to them yesterday a stated it would be my final response unless they provided an enforceable CCA, I somehow doubt it will be their final response though;).I of course will updat it anything happens though.many thanks for your time and advise it is very much appreciated

[anton1]

just and update to the thread and hopefully a little advice please.Today i received my SAR from HBOS,85 pages of a4 which i cannot make much of apart from..

It states that the last payment was 8/02/01(microfiche printout),this makes it statute barred as i didnt start paying CABOT until June 06.

No Default notice,NOA or termination included?

Section includes ten pages from Blair,Oliver n snot.no dates at all apart from references to DEFAULT NOTIFICATION and FINAL NOTICE???Also states `letter to prison?????

HBOS microfiche stateing charge off date/amount 23/07/01?

HBOS included the same CCA but this time on the back is this???

http://i576.photobucket.com/albums/ss209/marcog111/100_1154.jpg

I have four CCA`s sent over the past months and this is the first one with that on the back?Is it still unenforceable?no reference on the front pointing to anything on the back?

So where to from here?As i see it...

The account is statute barred as last payment was 8/02/01

There is no default notice,NOA or termination letter(is that in my favour and should i write to HBOS asking for them?)

If the account is charged off is that another term for terminated?

HBOS have given a statement of account upto last month the balance difference between the final balance and cabots is £1783.54(is that Cabots magic charges and as HBOS have provided the statements do they still own the debt)?

again i am really thankful to any advice that can be given...

[anton1]

bump for any advice

[lickthewallfatboy]

It states that the last payment was 8/02/01(microfiche printout),this makes it statute barred as i didnt start paying CABOT until June 06.

 

 

only if you live in Scotland-SB takes effect after 5 years

 

everywhere else it's 6 years-I make it 5 years and 2 months between you paying the OC and Cabot

[anton1]

whoops,sorry my bag lickthewallfatboy,the date should read june 2007.In my haste to write on the thread i put the wrong date sorry:D.

so the date last acknowledged is 8/2/01 and payment to cabot started june 2007

[lickthewallfatboy]

then you're in the clear anton

 

statute barred letter should be sent to them

 

don't let them try to tell you that the SB clock starts ticking form the default date-it's one month from the last payment having been made.....phone calls,SAR s cannot re-activate the clock,and once SB,even if you made a payment,it's always statute barred

[anton1]

many thanks lickthewallfatboy.I appreciate your help and will fire off the STATUTE BARRED letter to cabot.Again thankyou

[sploits]

Mackenzie Hall tried to tell me that the statute barred clock began from when the default was issued but I soon shot them down in flames and they soon agreed (after an email arguement) that they were wrong and that my debt was indeed statute barred. Get the letter fired off and see what you get back but dont take any nonsense from crapbot

 

Sploits

[lickthewallfatboy]

many thanks lickthewallfatboy.I appreciate your help and will fire off the STATUTE BARRED letter to cabot.Again thankyou

 

 

anytime!

[anton1]

thanks again guys will post up when I get CABOTS reply:)