Yet another Cabot/Goldfish

[herbie171]

Got this today what would be the appropriate reply

 

http://i619.photobucket.com/albums/tt274/corinadeva/img059.jpg

 

 

http://i619.photobucket.com/albums/tt274/corinadeva/img060.jpg

[cerberusalert]

What was wrong with the CCA?

[bigandyuk1]

Crapbot do talk some utter B******S. I am sure they have a department called Take the law and rearrange to suite us...

[Huff&Puff]

Send them a letter to say that they haven't complied with the CCA 1974, that it is now in dispute, and that you will not correspond with them further until they do comply. If they continue to harass you after that, report them to Trading Standards.

[herbie171]

What was wrong with the CCA?

 

 

illegible, no prescribe terms

[cerberusalert]

Send them this;

 

Dear Sirs,

 

I write in response to your letter dated XXXXX

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement, further more this has already been raised with Barclaycard yet I note they have still assigned the account over to yourselves and the absence of any documents disproving my points itself speaks volumes

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a statutory demand/ court claim I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due

 

I trust this outlines my position clearly enough for you

Print name do not sign, edit to suit