Please help with Cabot!

[gbutterfly]

Hi everyone, I received help a few months ago from some regarding debt that Cabot Financial were seeking payment for and request CCA's etc. Cut a long story short they never provided copies and never came back to me, but I sent all the letters, chasing them after 12+2 days, 30 days defaults and so on. They sent me a letter yesterday with a load of odd looking copy statements, and no signed credit agreement, still no clues what they are talking about.

The letter states:

" I can confirm you applied for one of our cards on online application 26th June 206 at that time you wee approved and the account was authorised after 26th June 2006. Please note that the necessary consent would have been given by you at the application stage by agreeing to be bound by the Terms and Conditions. For for further clarification please refer back to the application which clearly states and I quote "Please read the summary box, full terms and conditions and privacy statement before applying". In order to progress with the application any further it would then be necessary for the applicaiton to tick the appropriate boxes. Please be advised that this is a digital signature and not that failure to give your consent in this manner would result in the inability to proceed any further with the application. Given the above, please be advised I am therefore unable to forward you a hard copy of your application. However please find enclosed a copy of the terms and conditions that were initially sent with your welcome park and card. "

Can they enforce the debt with this, and am I liable to pay them in light of this? If not, how do I respond to them?! Would appreciate any and all help.

Much thanks,

[postggj]

what a load of rollocks from cabot again

[postggj]

what should have happened is they should have sent you a cca agreement to sign

 

once returned a card would have been sent

 

an application form is not an agreement

[gbutterfly]

The digital signature they are talking about, is that the normal process with a credit card agreement, I thought they send the agreement in the post and you have to sign and return it?

 

Any ideas?

 

How should I respond to them?

[postggj]

The digital signature they are talking about, is that the normal process with a credit card agreement, I thought they send the agreement in the post and you have to sign and return it?

 

Any ideas?

 

How should I respond to them?

 

AS STATED

 

YOU SHOULD HAVE SIGNED AN AGREEMENT AFTER THE DIGITAL SIGNATURE

[cerberusalert]

As The Consumer Credit Act 1974 (Electronic Communications) Order 2004 came into force in December 2004 any online agreements entered into prior to this date still need a signed executed credit agreement.

Electronic signatures weren't considered valid until this date. Online agreements after this date are seen as enforceable.

[postggj]

interesting

 

since my credit rating has now improved, i applied for a vanquish and cap 1 card online

 

was accepted but on both of them the sent a seperate credit agreement for me to sign and return

 

then i got the card

 

this was 18 months ago

[cerberusalert]

since my credit rating has now improved, i applied for a vanquish and cap 1 card online

They've burned their fingers so often they're probably taking the 'belt & braces' approach now.