Jump to content


Cabot Court Claim *** Claim Settled ***


Nottsdave
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4258 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 159
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

hi am in VERY similar position to you. am in notts too. got a letter from Cabot stating they dont have to send me any info requested. and on their alloc form they have put £4000 costs!!

 

am going to ring court tomorrow to see if i can complain but dont think i am going to get anywhere. best of luck yo both of us !!:-|

Link to post
Share on other sites

so yesterday I rec a letter from Morgans (solicitors) which states the following,

 

Dear Notts

 

We refer to the Judges order dated blah blah blah when the claim was stayed to attempt settlement.

Enclosed with this letter is a copy of the credit agreement and statements in relation to the account which is the subject of the claim.

The claimant considers the agreement to be enforceable under section 127 of the Consumer Credit act 1974 since there has clearly been a document signed by yourself (me) notwithstanding the fact that it may not have been signed in the prescribed manner.

 

If upon perusal of the evidence enclosed herein you wish to re consider your (my) position with regard to your defence (mine), the claimant would be more than willing to cinsider any offers to settle you may wish to make.

 

Now the statements make no sense at all, and the credit agreement includes the following,

 

Repayment details

Interest rates and APRs

 

There is no credit limit, it states that they will tell me from time to time what the limit is ?

The other thing is that the agreement is on two pages on the front page it is and says you (me) with my name printed by me and signed by me.

Then on the second page there is a box which says sign only if you wish to be bound by its terms.

 

So what do you think guys and gals ??????

 

 

Notts

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

 

Notts

Link to post
Share on other sites

I think you need to post the agreement

Just a quick reminder

 

House of Lords in Wilson & Ors v. Secretary of State for Trade and Industry[2003] UKHL 40 (10 July 2003)which confirms that where a document does not contain the required prescribed terms under the Consumer Credit Act 1974 and the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) the Agreement cannot be enforced.

Edited by herbie171
Link to post
Share on other sites

Hi

 

Signed on the front page but not on the back where it states sign here if you wish to bound by the agreement.

Signed where I have blanked out personal details on front page

 

Notts

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

 

Notts

Link to post
Share on other sites

tricky,

 

the question (as set out in s127(3)) is there a document, containing the prescribed terms, signed by the debtor

 

the court may well find that the answer is yes on this point if you signed the document, the fact it is outside of the signature box is irrelevent

 

one thing i do note is that the document is your copy not their copy

Link to post
Share on other sites

well, you did sign the document yes?

 

its going to be judged on the balance of probabilities, and on that balance, its likely to be enforceable in my view

 

as to what you do? i dont know and cannot advise really, its your call what you do

Link to post
Share on other sites

Oh bugger.

 

I was hoping that with no Credit limit specified on the agreement I might have a case.

 

On a lighter note has anyone got 11k to spare :)

 

 

Notts

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

 

Notts

Link to post
Share on other sites

Oh bugger.

 

I was hoping that with no Credit limit specified on the agreement I might have a case.

 

On a lighter note has anyone got 11k to spare :)

 

 

Notts

From the Regulations

 

3. Agreements for running-account credit.

 

A term stating the credit limit or the manner in

which it will be determined or that there is no

credit limit

 

 

sadly, my submissions would be that the document does indeed state the manner in which the credit limit will be determind

Link to post
Share on other sites

Hi Notts,

 

Is there a Default Notice?

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...