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Secretjay

Cabot reply to cca, application attached.

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Hi,

 

My Capital One credit card debt (originally opened in year 2000) was sold to Cabot in Jan 09.

 

In Feb 09 I requested my cca from Cabot. All I received was an application form, so (as advised in a previous post) I sent off a SAR to see if they would send the original agreement. I received the same application form, terms & conditions (which have 2003 written on them) and sheets with dates when payments etc had been made.

 

I've attached the application form, any advice/comments much appreciated.

 

Thanks

 

 

http://i853.photobucket.com/albums/ab94/Secretjay/Copyofscan0003.jpg

 

http://i853.photobucket.com/albums/ab94/Secretjay/scan0004.jpg

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It is not an agreement - it is quite clearly an application form - and typical CrapOne toilet paper. The prescribed terms - interest rate, credit limit and repayment schedule - must be in the same section as the signature box and there is nothing linking these 2 documents. You can now put the account in dispute and refuse to pay them them anything until such times as they produce a true copy of a properly executed agreement.

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Thanks for the reply Pinky,

 

I'm wondering what to do now.

 

The balance on the account is £650, I've added up the charges which come to approx £270.

 

Could I reclaim the charges back to reduce the balance? and if so would this be to Capital One? although Cabot now own it.

 

At the same time should I send the dispute letter to Cabot and stop paying until they send me a properly executed agreement.

 

Thanks in advance.

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Send the letter of dipute to Cabot. They cannot add any charges that are not in the agreement and since there is no agreement you are not liable to pay charges to either CrapOne or Cabot. They won't give you charges you have paid hitherto back but you can try.

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Hi can anyone help im being taken to court shortly but have requested a cca about a week and a half ago can the court case still go ahead? or do i tell the judge case is in dispute and im awaiting CCA? ive also admitted owing the debt on the court forms. I would be really greatful to any advice as its had me worried sick and ive lost over a stone in weight.

Thanks in advance

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Hi cowbrain,

 

I'm new to this and know nothing about court cases, maybe a more knowledgeable member will come along and be able to help.

 

Secretjay

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cowbrain.

 

as you have a claim please post in legal forum we will need to know the poc

 

lilly


Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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Hi,

 

Just to update, I sent the dispute letter about 2 months ago. I have just received a reply from Cabot stating:-

 

 

With regards to the 'signing of document', s61 of the CCA states:

 

'A regulated agreement is not properly executed unless

(a) A document in the prescribed form itself containing all the prescribed terms and conforming to the regulations (CCA Regs 1983) under s60(1) is signed in the prescribed manner both by the debtor...

(b) The document embodies all the terms of the agreement, other than the implied terms...'

 

 

Section 189(4) states:

 

'A document embodies a provision if the provision is set out either in the document itself or in another document referred to in it.'

 

In this instance on the credit agreement it is clear that the Terms & Conditions are referred to in the signature box. (I cannot read this on the application form as it's smudged)

 

As to the prescribed terms, this is covered in s61(a) above , where it mentions 'contains'. The terms & conditions have set out all the prescribed terms as required under the CCA Regs 1983 & therefore can be no argument as to the validity of the form & content of the agreement.

 

I note your reference to s127(3). You shall note from this section of the Act, that the court take into account if the debtor has suffered any prejudice by the contravention in question. Therefore, if this credit agreement had been improperly executed, we would argue that you have suffered no prejudice as a result of its execution.

 

 

Any comments would be appreciated, not sure how to reply.

Thanks

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Hi,

 

Just to update, I sent the dispute letter about 2 months ago. I have just received a reply from Cabot stating:-

 

 

With regards to the 'signing of document', s61 of the CCA states:

 

'A regulated agreement is not properly executed unless

(a) A document in the prescribed form itself containing all the prescribed terms and conforming to the regulations (CCA Regs 1983) under s60(1) is signed in the prescribed manner both by the debtor...

 

Err...where is my signed agreement then? as per (a)?

 

(b) The document embodies all the terms of the agreement, other than the implied terms...'

 

 

Section 189(4) states:

 

'A document embodies a provision if the provision is set out either in the document itself or in another document referred to in it.'

 

Provision... not prescribed terms. PT must be on signature document

 

In this instance on the credit agreement it is clear that the Terms & Conditions are referred to in the signature box. (I cannot read this on the application form as it's smudged)

 

As to the prescribed terms, this is covered in s61(a) above , where it mentions 'contains'. The terms & conditions have set out all the prescribed terms as required under the CCA Regs 1983 & therefore can be no argument as to the validity of the form & content of the agreement.

 

I note your reference to s127(3). You shall note from this section of the Act, that the court take into account if the debtor has suffered any prejudice by the contravention in question. Therefore, if this credit agreement had been improperly executed, we would argue that you have suffered no prejudice as a result of its execution.

 

This only refers to 127.1 not 127.3

 

 

Any comments would be appreciated, not sure how to reply.

Thanks

 

 

 

MHO only, but think its a starter!!

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Hi,

 

just updating my thread.

 

My account with Cabot is still in dispute and I haven't paid them since Feb 09. About a month ago they offered me a settlement of 70% of the balance (unfortunately I didn't have the cash so I just ignored the letter).

I've now received a letter stating that my account will be getting moved into the 'next stage of our collection process'. So, I'm beginning to get worried again wondering what this could be.

 

Also, I reclaimed the charges back from Capital One (at the same time as I put my account in dispute with Cabot) I reclaimed £270 but they offered me £96, their letter said they would pay it direct to Cabot (I have 6 months to accept it). As yet I haven't done anything with it.

 

Just wondering if I should offer Cabot a Full & Final settlement of say 25% and use the £96 from Capital One as part of the payment, would it be ok to do this? Or should I wait to see what their next 'stage of the collection process is'

 

I know I have to make the final decision but would really appreciate any thoughts/ help.

 

Many thanks

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