Egg - CAbot - Not properly executed agreement

[HE WHO DARES WINS :-)]

Hello all

 

i have had this going on for quite some time now, it has been moved to PPI but i also think it should be in this section as i am being hounded by a DCA for a contract that i don't think is executed properly.

 

THe link for more info is here:

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/224542-egg-cabot-cca-docs.html

 

I just last week received a letter from cabot saying that although i think that they still have every right to hound for the debt as they are very much the owners of it now and that even if i think the contract isn't properly executed all this means is that it is unenforceable through courts but that that would be for a judge to decide. I am however still liable for the debt and they are still obligated to chase me for it.

 

I will load up the full letter tomorrow once i get to a scanner.

 

Now i really do need help on this as so far i have have no advice and no one has looked over the contract to tell me whether it is infact unenforceable.

 

Please please please can someone advise me on this? What should i do next

[hungrybear]

Yes they are right, if they think you owe them money they can ask for it, they can also stand on one leg holding a unicorn and whistle dixie if they like. If there is no enforceable contract then there is no enforceable debt no buts, no grey areas. Send them a cca request then when they dont comply with it (probably because the unicorn ate the agreement) you can write and place the matter in 78(6) dispute - which means they cannot even ask for payment until they catch the unicorn and get the agreement off him!

[HE WHO DARES WINS :-)]

Your post really need make me smile Hungrybear! Alas i have already requested the CCA and despite it take several months it did arrive. What i am now disputing is that it isn't properly executed, however i only guessed at this based on another CAG members post - no one has yet looked over it though to confirm either way or advise me so i have kind of been winging it! That is why i really do need help now. If you clink on the link in this post it will take you through to my original post which shows you the doc they sent through.

 

Still patiently waiting for some helpful cag member to tell me if i am right in suspectingit is unenforceable and also what i need to do now.

 

Unicorn.....very funny though

 

xx

[hungrybear]

Your post really need make me smile Hungrybear! Alas i have already requested the CCA and despite it take several months it did arrive. What i am now disputing is that it isn't properly executed, however i only guessed at this based on another CAG members post - no one has yet looked over it though to confirm either way or advise me so i have kind of been winging it! That is why i really do need help now. If you clink on the link in this post it will take you through to my original post which shows you the doc they sent through.

 

Still patiently waiting for some helpful cag member to tell me if i am right in suspectingit is unenforceable and also what i need to do now.

 

Unicorn.....very funny though

 

xx

 

 

I'll have a look. Why dont you think its enforceable?

[HE WHO DARES WINS :-)]

Gosh there are a number of reasons, i need to find the CAG user who had a CCA returned to her that was almost identical to mine - once i track that down i will provide a link. Militant consumer also has a thread going on the same thing also querying the same thing. Am just comparing them and putting two and two together hopefully i will have got four and not 6 if you see what i mean. One of the things though is not all the prescribed terms and also no cooling off period mentioned, there are lots of other things too but i can't remember them off the top of my head.

[hungrybear]

Right no cooling off period does not make it unenforceable

 

OK Here's my thinking, it appears to be section 18 multiple agreement in that it is for a loan and PPI and should have separate Terms and Signatures for the Main Loan and PPI. And there is no option to choose the PPI or not

 

There are no terms within 'the four corners on the agreement' even though they are refered to which would make it unenforceable under 127(3).

 

Thats my thoughts - BUT I'M NOT A JUDGE

[HE WHO DARES WINS :-)]

Thanks for looking at it hungrybear! Yes i know that this is all subject to a court ruling from other threads i had read so it could in that respect still be enforceable, however its good to know i hadn't got the wrong end of the stick and misunderstood. I know the cooling off period isnt a deal breaker but that was just one of things that my pea sized brain could remember from the other bits i had read! (sad i know).

 

I guess then that my next step would be to SAR egg??? I scanned the letter in that cabot sent today but haven't managed to upload it yet so will do so asap!

 

Thanks again hungry bear for looking

[hungrybear]

why SAR and not the 'get knotted' letter to cabot?

[HE WHO DARES WINS :-)]

I guess i just want to try and pull out everything that have and dont have on me. If this does go to court i don't want anything i don't know about being produced.

 

I guess i just dont feel its really an open and shut case.....

 

Do you think i should just sit tight and see what they do then? (do't worry i won't hold you to it!)

 

I will post up the letter they sent tomorrow which should give you more of an insight to their angle, basically they are saying they complied with the CCA request which i guess to a point they have?

[hungrybear]

I guess i just want to try and pull out everything that have and dont have on me. If this does go to court i don't want anything i don't know about being produced.

 

 

They wouldnt, you would come on here and we would give you the CPR letters to get all the info off them

 

My View? Their move next