Jump to content

You can now change your notification sounds by going to this link https://www.consumeractiongroup.co.uk/index.php?/&app=soundboard&module=soundboard&controller=managesounds

 

You can find a library of free notification sounds in several places on the Internet. Here's one which has a very large selection https://notificationsounds.com/notification-sounds

 

 

BankFodder BankFodder

 

BankFodder BankFodder


GAVBU28

Cabot and 14k debt

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3985 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I am currently in dispute with cabot over a debt they bought from Barclays some years ago. This debt isn't statue barred as I’ve paid some money off the debt in the past 3yrs. Cabot are now starting to increase the pressure and added numerous charges to the account despite me telling them the account is in dispute.

 

After CCA was sent I finally get a microfiche with my signature on from 1992 which was clearly an application for visa and MasterCard on the same form, I also ticked I wanted a free atlas! The back of the form was blank and on a separate page some current terms and conditions.

 

Now I know cabot are coming after me, and this will probably end up going to court, so I’d like to get up to speed on what I need to do.

 

1) I’m sure I’ve never had written assignment from Barclays that the debt was being passed to cabot – is that a defence?

2) The application form doesn’t have credit limit/payment terms – is that a defence?

3) Finally I guess I could delay proceedings by claiming illegal charges on the account?

 

Does anyone else have an ideas how I could proceed if those goes further?

 

Sorry I can’t post the microfiche, but its not a very good copy and I don’t have access to a scanner.

 

Can someone please advise me on this?

 

Many thanks in advance.

Share this post


Link to post
Share on other sites

the best defence is sar the oc and get a breakdown of any charges applied and reclaim them, also an application form is not an agreement


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

Share this post


Link to post
Share on other sites

Many thanks for the reply and I’m going to reclaim the charges on the account as this debt has risen from 9k to 15k over the past few years.

But if my agreement doesn’t have a credit limit on, or payment schedule, does that make it unenforceable right away and I don’t need to worry about gong to court for now as I have my defence?

I’m also wondering if anyone else has had a credit agreement sent from the early 90’s that is enforceable? Its seems to me like nothing from around that time would be enforceable, but I maybe wrong.

Share this post


Link to post
Share on other sites

be careful re the courts, I had a unenforceable agreement but the judge just said it looked like a agreement to him.

It had none of the prescribed terms and clearly stated that it was a application form.

 

Some Judges just dont know the law.

 

 

Notts


As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

Share this post


Link to post
Share on other sites

That’s just not on Dave, I guess you could have quoted a case where a judge has thrown out the case because the prescribed terms are not on the form? But having been in court once myself, I know its not easy to do when the pressure is on.

It does seem that some judges are just not up to speed on things. I went last year and the judge said he wasn’t interest in credit agreements, he was only interested in if I owed the money! I eventually got it set aside because of the charges on the account, but he wasn’t interested in them proving I owed the money to them.

It’s a mine filed.

Share this post


Link to post
Share on other sites

Oh I did quote this and that but he just stated that it looked like a agreement to him and that I should stop reading things on the internet and get some legal advice.

He was a complete tosser !

 

So legal advice is what I have now got and we will take it from here.

 

Notts


As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

Share this post


Link to post
Share on other sites

Arrogant ****!

Legal advise he wants, legal advise he’ll get, good luck pal and with the new footy season.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...