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wilko1

Cabot +goldfish/Morgan Stanley Dean Witter - CCA/application return

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I have received a letter from Horwich Farrelly acting for Barclaycard, it states:

 

We have been instructed by the creditor to claim from you full payment of this account.

 

Can this be called a termination notice?

 

Thanks

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Can I ask if you've had a D/N?

 

Demanding full repayment is in my view termination


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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time for a cca request me thinks.

put the a/c into dispute

 

dx


..

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Hello Wilko1!

 

I have received a letter from Horwich Farrelly acting for Barclaycard, it states:

 

We have been instructed by the creditor to claim from you full payment of this account.

 

Can this be called a termination notice?

Yes, in my opinion, provided the Balance did not equal the Arrears.

 

As IGNM has said...did they send you a Default Notice and, if they did, was it valid?

 

Likewise, how was the Balance split between Arrears and money nor yet due for Payment?

 

Arrears + Money Not Yet Due = Balance

 

An example:

 

10k Balance, 1k Arrears means 9k is not yet due for Payment unless they Terminate the Agreement and/or Terminate the Agreement by demanding the whole Balance (usually they'll do both).

 

1k Arrears + 9k Not Yet Due = 10k Balance

 

But, if Arrears were all that you owed, say, the Balance was 1k and Arrears were 1k, then it's potentially possible that the above Demand was just asking for Arrears, and so would not necessarily be Termination. This is unlikely, because at least with Credit Cards, Arrears are usually based on a Balance that causes the Arrears.

 

I just wanted to clarify the fact that demanding the Balance may not always be Termination if there is no sum payable in the future.

 

The key is them demanding early repayment of a sum only otherwise due in the future. That demand can be regarded as Termination, because the demand is not in keeping with a live Agreement that would allow you time to pay off the Balance.

 

Cheers,

BRW

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Many thanks for the replies.

I haven’t received a default notice or any statements for at least 2 years.

I’ve already CCA’d them, they sent the current terms and conditions, nothing signed by me or them.

I don’t know how much is arrears because I haven’t been receiving statements and I haven’t received a default notice.

The balance has gone up by over 2K in the last 2 years, I’ve no idea how they’ve calculated it.

I was hoping that by the solicitors asking for the full balance they had in affect terminated the account without issuing a default notice.

Any more helpful comments would be greatly appreciated.

Thanks

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Cabot phoned me for the 140th time today, the phone monkey said they would send me a letter, Ive been asking to be contacted by letter only, from phone call 1. What are the odds that the letter will just ask me to phone them?

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I bet you're right, they're that stupid, allegedly :D


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Received calls numbers 226, 227 and 228 tonight. How many more will they make in total?

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I think a national newspaper may be interested in the amount of calls you have recieved.


PGH7447

 

 

Getting There Slowly

---------

 

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

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Are you recording them - if not why not?

 

You should install a Truecall


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They have now started leaving messages on my voicemail;)

 

2 accs both in dispute and know communication in writing only.


Advice & opinions given by spartathisis are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.:)

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After 9 mths I've just received a reply to my CCA request from Cabot, it concerns a card which was originally with Morgan Stanley.

 

They've sent

 

1) A Morgan Stanley Dean Witter application signed by me which also states This is a credit agreement between us MS and you. It is from 2000 and has no prescribed terms on it.

 

2) A Goldfish headed letter asking me to call and activate the card.

 

3) A Goldfish headed letter with my name and address on also terms and conditions including information re £12 charges for not making the minimum payment, going over the credit limit etc.

 

Please tell me that this is the total rubbish that I think it is. And what should I send to Cabot, they are saying they are to resume collection activities in 14 days if I don't contact them.

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Is it possible for you to scan it and post it on here? Photobucket is good.

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I would say this is unenforceable. The T&C's have no link to you and the application form is just that - no prescribed terms as you said. I would now put this into dispute:

 

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

Dear Sir/Madam

 

RE: Agreement/Account number

 

Thank you for your response to my letter dated xxxxxx 2009, making a formal request for a true copy of the original credit agreement for the above account under the Consumer Credit Act 1974 (Sections 77-79).

 

The documents you supplied me appear to be no more than an application form and the companies new terms and conditions, and as such are not a satisfactory response to my request. Nowhere on the front of the document is there any reference to the prescribed terms and conditions that such an agreement must contain. I must assume that these are unconnected documents and once again inadequate to satisfy your obligations.

 

As you are aware you are obliged to provide me with a true copy of my agreement as defined under Section 189 of the CCA 1974. and I consider that you have failed to comply with my request for these documents

 

 

Under the terms of the above Act, a creditor has 12 working days to provide the requested documents. This deadline has now passed and I have not received the requested documents from you.

 

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable & I therefore consider that this account is in dispute with immediate effect & it follows that all payments to this account are suspended forthwith.

 

I draw your attention to the legal requirement that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and therefore the following applies:

You must not demand any payment on this account, nor am I obliged to offer any payment to you.

You must not add any further interest or charges to this account.

You must not pass this account to any third party.

You must not register any information in respect of this account with any of the credit reference agencies.

You must not issue a default notice on this account

I hereby give you notice that if you proceed with any of the above actions, I will file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service.

 

Yours faithfully


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

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The activation letter states you have a credit limit of zero!

 

App form unenforceable so cant go to court, but can still chase you for it.


Advice & opinions given by spartathisis are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.:)

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Thanks for the replies, I'll send a slightly altered version of clemma's letter, and wait for the phone calls

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Regretably in my experience no matter what you send them and how many times you send it, Cabsnot, having failed to undertake adequate due diligence before purchasing a debt, will tell you anything and everything (even though it’s a pile of old toot) to try and justify that the agreement is enforceable and fully compliant with the CCA 1974 to try and get you to cough up anything.

 

Despite having no real case and no properly executed agreement do not be surprised if Cabsnot issue court proceedings via Northampton. If they think there is any way they can get away with it or get a judgement by default they will try and wing it.

 

Then once the court proceedings start they will ignore the CPR and still try it on so you have to try and get the judge to order them to supply it.

 

Why? Because the OFT will not get off their fat taxpayer funded backsides and do anything about them and other similar DCA’s.

 

The only plus side to this is the more time it takes you to adminster the defence of the case the more you can claim back in costs! ;)

 

Now if the MOJ started making these DCA’s prove the debt and supply fully compliant enforceable agreements at the point the claim was started then all these firms would be in administration quicker than you could say “properly executed agreement” !!!!

 

Now there's a thought ...... Perhaps we all ought to be writing to Jack Straw? :D

 

T :)

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Agree totally re MOJ and OFT. I have NO IDEA why they do not take action against these firms. Who is their constituency? Who is so keen for them to exist? Who would be upset if all DCAs went bust?

 

MOJ and OFT should ENSURE that debts NOT enforceable if no CCA etc or if Statute Barred.

 

It is a mystery to me why these institutions do not take a harder line with the DCAs.

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because the government wouldn't make as much money from all the dodgy court cases pushed through northampton bulk!!!!!!


My opinions are my own and not those of anyone else :D

 

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SIGN THE PETITION TO STOP CREDIT REFERENCE AGENCIES RECORDING DATA WHEN NO CREDIT AGREEMENT EXISTS - SEE FORUM POST

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I can't remember where all those Cabot threads are, can anyone post a link.

 

Thanks

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I've had a DCA send me the same letter for 13 consecutive weeks, saying pay up or we will instruct FIRE to collect on our behalf. The only thing that changes is the date on the letters.

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