abroadgirl v vanquis

[hillards]

Nice of uncle Ken to agree that they cannot enforce the alleged debt but he's wrong to say that the provisions of the CCA do not apply to Cabot - unless they really are on another planet, as we've suspected all along?

 

They've stopped collection activity and now need to stop processing this account altogether as they've failed to provide the CCA within the timescale - I suggested that abroadgirl send them the usual 'no cca' letter - http://www.consumeractiongroup.co.uk...ml#post1840880

 

Just a quick note on this as it's actually gone off-topic, the original thread was Realiable Collections and this has moved onto an old Vanquis account?

[hillards]

hi hilards i have clicked on the link but all i am getting is page not available?

abg

 

Sorry - try this: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172071-letter-co-solicitors.html#post1856406

- That goes off to J D Williams

 

Moorcroft want one of these:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/175840-halifax-problem.html#post1900426

[hillards]

Hi - I'm not around here as much as I used to be due to work commitments, but spotted your latest post and wanted to comment.

 

I seem to remember you disputed the matter due to the excessive charges that had been added by Vanquiss, but they've not done anything about that. Someone said you should SAR them and make a claim for those charges, which is your main course of action, if you've not done it already. You may not get actual money back, but it would reduce the amount on the account.

 

In the meantime, if you've told Cabot that the matter is disputed, and have written to Vanquiss to say so, then they should NOT be chasing you and I would simply ignore them! (Sorry fellow CAGgers, but they should only need to be told ONCE, not over and over). They've already written to say that it is unenforceable, and with that in writing I would stop listening as they failed to come up with an agreement.

 

If Cabot were stupid enough to try taking the matter to court then they would be laughed out if the matter is in dispute. I would not listen to any more of their threats, because that is all they are - that 'could' do this, they 'may' do that, they are just as likely to say "we 'may' give you £6,000 for Christmas and we 'could' pay for a smashing holiday..." as that is just as probable in my book!

 

To short-cut all that, if you are sure the CCA is as useful as Andrex (other bottom wiping products are available) then it's time to stop listening to them at all. As long as they think they've got your attention, they will keep hassling you.

 

You've done as much as you need to in getting the CCA and discovering that they do not have a leg to stand on. They will try everything they can to suggest that you must pay up - or else. Or else what? They make threats, they try to intimidate, they can do nothing without taking it to court, and you know they have nothing to back up such action.

 

If they were seriously going to do anything major, like take legal action (which are vastly different from legal sounding threats) they would have done that by now.

 

Same with the other companies you have chasing - if you sent for the CCA, with the payment and by registered as advised, and they've not replied then they are not really bothered about proving there is any 'debt' and I would simply ignore them if they huff and puff about it. You've done your bit, you've asked for the CCA or other proof, they've not complied. They shoot themselves in the foot, that's not your fault

 

Those that have responded and not sent anything valid are also on my 'oh well, I tried' list and are also ignored. Note that this is my opinion and not meant to be legal guidance on any course of action you should take. have to say that as the DCA lawyers often have a look in...

 

cabot also says in there letter that one of the following will occur

You sure that says 'will' ? It's normally 'may' or 'could', to make you think they mean it. They can do NOTHING on that list apart from swap info with their pals at a credit reference company. Any such action MUST be via a court and ONLY if they managed to get that far, and the judge awarded in their favour - called a CCJ, County Court Judgement.

 

The judge would take into account all your evidence and your financial situation and you would NOT be forced to pay it in a lump sum, or at a rate higher than you can reasonably afford. It's only where a CCJ is made and the person ignores that where further action would be taken by the court - and even then, the collection people cannot enforce anything, only the court can... But remember, they do not have anything meaningful to go to court with, so it's not going to happen, is it?

 

Remember the Wizard or Oz? Big booming voice, lots of smoke. All the people were afraid of him, until the lion, scarecrow, tin man and Dorothy discovered he was a little man hidden behind a curtain who didn't really have any power at all...

Edited October 28, 2009 by hillards

[hillards]

They are spouting hot air, nothing more. I'm surprised they say "will occur" as they simply cannot do that. It's normally 'could' or 'may' as I said. They have to go to court to get that sort of action, and it's not up to them to decide what the court should order, if there was a CCJ in the first place.

 

You've tried to sort it out with them, they've said it's unenforceable, you have proof of that, so let them send as many letters as they like, they'll get bored eventually!