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Debtcontrol

Debtcontrol V MSDW / Cabot

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Hello,

 

I have to say this forum is an excellent resource and I will be contributing to the cause when I get paid next!!

 

I made up my mind last week to stand up to these CRA's who have, after reading advice on here, been threatening me with hollow threats for months, if not years.

 

I have 9 CRA accounts, a mixture of credit cards & loans. The majority of these defaulted in 2003, a couple defaulted in 2004.

 

My original post is here -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/205013-paying-back-various-amounts.html

 

It is worth noting that I have never had to sign for any recorded/special delivery post from the lender or CRA.

I have also never received a Default Notice, or Notice of Assignment.

 

I have CCA'd all CRA's and cancelled all DD. Payments will be made by SO for £5 per month until it’s legally enforced for me to pay more. (I am confident that my financial circumstances are dire enough for them to have no joy if they wish to pursue through the courts).

 

 

This thread will talk about my battle with Cabot Financials and the MSDW credit card they say they are pursuing.

 

Thanks for reading, more to follow!!!!

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I CCA'd this CRA on 20/06/09.

 

I have received acknowledgement of this request today, dated 22/06/09.

 

Any relevance in why they have not accepted my £1 postal order?

 

Thanks for reading.

Edited by Debtcontrol
added pic

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You have made a legal request and sent the correct fee the fact that they have not pocketed that fee is there hard luck they are obliged to supply the documents within 14 days or be in default on your request.

 

dpick


cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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You have made a legal request and sent the correct fee the fact that they have not pocketed that fee is there hard luck they are obliged to supply the documents within 14 days or be in default on your request.

 

dpick

 

Yep, thats what I thought.

 

Thank you very much for replying.

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Got a letter from the DCA today asking me to submit my standing order to my bank to continue paying them.

 

Not setting this up until they take me to court to pay, that gravy train has ended!

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Good to see the change in confidence in you already!! Don't ever let these cretins get to you :)


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

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

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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"If you have any queries call one of our helpful customer advisers":D:D:D

 

Being the idiot that I am, I would ring them up (recorded of course), see what they have to say then report them to trading standards.

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Dont worry, the chances of the morons at cabot coming up with anything enforceable in court when it comes to MSDW are nil!

 

Just a heads up, CRA =Credit Reference Agency

DCA= Debt Collection Agency

 

Good luck, you will get all the advice you need on here:)


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

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Dont worry, the chances of the morons at cabot coming up with anything enforceable in court when it comes to MSDW are nil!

 

Just a heads up, CRA =Credit Reference Agency

DCA= Debt Collection Agency

 

Good luck, you will get all the advice you need on here:)

 

Yes, sorry - learning day by day.;)

 

Thanks for replying, I really really appreciate it.

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"If you have any queries call one of our helpful customer advisers":D:D:D

 

Being the idiot that I am, I would ring them up (recorded of course), see what they have to say then report them to trading standards.

 

 

Ha Ha - thats for another day!

 

Thanks for replying

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Good to see the change in confidence in you already!! Don't ever let these cretins get to you :)

 

Hi Clemma, with the help of the good folk on here, its growing a little each day.

:razz:

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Had a reply from Cabot today, advising that they have not received the CCA yet, but want to apologise.

 

By return they will be receiving a 'Account in Dispute' letter.

 

Signed for on 22/06/09 - today being 08/07/09 - I'm thinking thats 13 working days right?

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Yep - send the dispute letter off to them first thing tomorrow :)

  • Haha 1

:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

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

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Yep - send the dispute letter off to them first thing tomorrow :)

 

Thank you

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You would think there should be a law saying they have to have a legit CCA before they start recovery action. Why isn't there one?

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You would think there should be a law saying they have to have a legit CCA before they start recovery action. Why isn't there one?

 

If I were PM - now theres an idea!

 

Thanks for replying!

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OK,

 

Received a pack today from Cabot.

 

Firstly, they say that there are delays in getting my CCA for the Smile loan.

Then, they go onto state that they have received my CCA from MSDW in respect of the CC account.

 

I have attached a scan of the correspondence.

 

Things I am pondering over and questions for experienced CAGGERs.

 

Ponderings

1. I have received my application form, no Credit Limit etc.

2. The writing is ineligible, and has a 2nd page to the app form that is even worse.

3. They have sent me a 'true representation' of the notice of assignment, that I never received in the first place - this is dated July 2009.

4. They have also sent me a 'true representation' of the first letter that Cabot supposedly sent me, I never received this either. Its also a mail merge doc without my details.

 

Questions -

 

  • Do I need to write back stating that this is an application form and I do not consider my request fufilled?
  • If they sent me a copy of the note of assignment (reproduced) why not send a copy of the default notice?
  • The representations mean nothing I assume, as there is no proof they were ever sent, never mind received on the date that someone has handwritten onto them?

 

 

Any advice would be great.

Thank you.

MSDW CABOT CCA responses 220709.pdf

Edited by Debtcontrol
spelling

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Hello,

 

Update on the MSDW CC.

 

I sent off a letter in response to the application form that they sent me, I found one on another topic that fitted the bill.

 

I have now received the attached response.

 

To date, I have only received an application form - no signature from them, no credit limit, no repayment terms and no APR etc.

 

Can someone please cast their eye over the letter attached and advice on a suitable reply?

 

Any advice would be great.

Thanks for reading.

MSDW Application Form response 140809.pdf

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Send them something like this if you want, although I think you will end up going round in circles with them:

 

Dear Sir/Madam

 

Re: − Account/Reference

 

I refer to our recent correspondence regarding the above account where I requested a signed copy of the credit agreement (which you have not been able to produce) or (which is not executed in accordance with the Consumer Credit Act 1974) and do not recognise any liability to you or your legal right to pursue this alleged debt.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. The following examples are from high court and the court appeal case law which backs up any legal defence, or counter claim under Consumer Credit Act 1974 s.142

 

Wilson v First County Trust Ltd [2001] EWCA Civ 633, Sir Andrew Morritt, Vice Chancellor said:

The creditor must…be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid

 

In the case of Dimond v Lovell [2000] UKHL 27, Lord Hoffmann said:

Parliament intended that if a consumer credit agreement was improperly executed, then subject to the enforcement powers of the court, the debtor should not have to pay.

 

Should I wish to pursue court action there are firms now willing to do this on a no win no fee basis and this would incur considerable expense to your self both in litigation costs and my legal costs

 

As a compromise I suggest you write off this alleged debt and remove all reference from my credit files.

 

Should I not receive a satisfactory reply then I will be considering enforcing my legal rights through the courts and would suggest you pass this letter to your legal department for their attention.

 

Yours faithfully

Your name

Name

 

Personally, I would ignore them - they will soon pass this on and you can reply to the next muppets with the "bemused" letter. They know full well that there have to be prescribed terms - the fact it states "regulated by the CCA1974" makes no difference!


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

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

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Send them something like this if you want, although I think you will end up going round in circles with them:

 

 

 

Personally, I would ignore them - they will soon pass this on and you can reply to the next muppets with the "bemused" letter. They know full well that there have to be prescribed terms - the fact it states "regulated by the CCA1974" makes no difference!

 

 

Excellent Clemma - thank you ever so much.

I will send this letter as it is very clear and sets my position for even the most stupid to understand.

Thanks for replying.

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Hi DC

 

What is going on with this, your MSDW is the same as mine, it has the 'blanked out bits' in exactly the same place, how strange, also there is no area for them to sign it so it is not an agreement at all, as we all know it is an app form that they have attached some 'prescribed terms' to the bottom of!

 

Now the question is, who decided to do this ?

 

Is it Barclaycard or Crapbot?

 

I think that we all need to get our heads together and decide on some sort of action.

 

Cups

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Hi DC

 

What is going on with this, your MSDW is the same as mine, it has the 'blanked out bits' in exactly the same place, how strange, also there is no area for them to sign it so it is not an agreement at all, as we all know it is an app form that they have attached some 'prescribed terms' to the bottom of!

 

Now the question is, who decided to do this ?

 

Is it Barclaycard or Crapbot?

 

I think that we all need to get our heads together and decide on some sort of action.

 

Cups

 

Hello Cups.

Sorry its took so long to reply, been working away from home a lot. :mad:

I submitted an embarrassed defence as they filed a claim against me which I CPR'd them and got no reply before my defence had to be in.

Got their reply to my defence in the post whilst I was away.

Usual stuff, they gave me another copy of the app form which like yours has no prescribed terms - no credit limit, no repayment terms, no interest rate, no signature from them.

Also got a 'true representation' of my notice of assignment which isn't even dated.

This seems to be the basis of their claim.

Looks like it will result in a court date I guess.

Also noticed on the app form they sent that the box for PPI is ticked, so may have another angle to go at there.

Going to scan up their reply when I have more time and go about researching so I am water-tight when it comes to court.

I have another thread going, its here -

http://www.consumeractiongroup.co.uk/forum/legal-issues/250651-court-papers-arrived-debtcontrol.html

Write back with your latest, good luck and feel free to PM me if you need detailed info.

Thanks.

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Hi DC

 

Will look at other thread

 

Cups

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Hello,

 

Been a little while since I last posted, hope everyone is still as helpful as ever!

 

Having not heard anything from Morgans / Cabot or the CC for a while, I presumed that there was a request for stay granted on my case and that they were considering their next move.

 

Saturday seen a CC package from my local court turn up.

Looks like Morgans have applied to have the stay lifted and for the case to transferred to my local court. They state on the docs that transfer was not requested beforehand due 'to an administrative error'. You could not make this up.

 

So, I have a app form with no prescribed terms, mail merge document recreations with none of my personal info present that they are passing off as DN, Notice of Assignment etc and a letter from Morgans in response to my defence submitted to Northampton CC stating 'Please stop asking for a copy of your credit agreement, as we have stated already, we do not have a copy'.

 

Whats going here, does anyone know what basis they are proceeding on, what am I in for here?

I'm no optimist really, I understand the Judge lottery and the other cases that have looked black and white yet still lost, I just cannot understand what their case is based on.

 

My scanner is knackered at home, going to borrow one and scan up all the relevant docs as soon as - I have to complete this new allocation questionnaire by 19/08/10.

 

Any advice? Thanks for reading.

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