Cabot & unenforcable agreements

[h8DCAs]

Hi,

Long time lurker here!

To cut a long story short - had a barclaycard in 2004, never paid anything - stupid I know - and then moved to another part of the country.

 

Went through a bit of a bad time and completely forgot about it.

 

Over the past few months they have been sending letters and calling the house phone of the people who own the house, despite me telling them to remove it as it's not mine. Basically I've said I don't acknowledge the debt to get some time while I sort my money out, and that I wanted a copy of everything they had.

 

Through the post they've sent me an Application form, with a small box to the lower left saying 'This is a credit agreement' which is signed by me along with a statement of account.

 

However, there are no prescribed terms - interest rates, credit limit, repayment schedule, how to discharge the debt etc. Is this unenforceable?

 

My main disagreement is that the original limit was £750, but barclaycard allowed a recurring card payment take it to £1300 with charges and then cabot, who bought it in 2005 by all accounts, have put it upto £2100. It is statute barred in august this year and default will come off credit file april 2011.

 

I can upload a copy of the 'agreement' if needed. Hoping for replies quick as apparently it's gone to the pre-litigation dept and they have sent a letter a couple days back and called the phone (after being told not to) today.

 

 

Thanks

[debt4get]

the pre-litigation dept is absolutely meaningless...when they put mine there i invited them to send me to court....they declined...you have the usual rubbish that crabot send out....if what you say is right..you have an unenforceable agreement....send them this

 

ACCOUNT IN DISPUTE

 

Date:

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware 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 as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[ashmk]

Cabot are full of sh*t and will class anything as an enforcable agreement. It does not matter what you tell them they will not budge so I wouldnt even waste your time and mony writing to them to say its unenforcable.

 

Cabot are a thick as pig sh*t and as stubben as a muel. Ignor and forget about them.

[debt4get]

i agree ashmk however some posters do feel happier sending something rather than ignoring...in the unlikely event of court action at least then they can say they have replied to all crapbots mail and questions

[h8DCAs]

Hi,

 

Thanks for your reply. Would this still be the letter I would send even though I didnt make a formal cca request. They called, I merely said I don't acknowledge the debt, send me a credit agreement, and then an app form and statement came through the post.

 

Is it not a case of sending a letter saying, blah blah I recieved the docs, but the 'agreement' does not contain any prescribed terms so is unenforceable?

 

I'll get a pic up within 15 mins

[h8DCAs]

i agree ashmk however some posters do feel happier sending something rather than ignoring...in the unlikely event of court action at least then they can say they have replied to all crapbots mail and questions

 

 

Thanks, and to you ashmk

 

Basically, I could really then just ignore them until its statute barred, or worst case they take me to court (would have to be before it goes SB in august wouldn't it?) they don't have a proper agreement?

[ashmk]

Yer, sure... Send debt4get's letter but so you know they will send you a load of horse manure back about how its enforcable and so on.

 

Thats when you can ignor them.

[h8DCAs]

Stuff em then.

 

Anyway, I'll get a pic of the joke of an agreement up within 10 mins or so

[ashmk]

Is it this one ?

 

http://i209.photobucket.com/albums/bb241/greeny1968/barclay1.jpg?t=1202889359

[littlefatbudha]

I have just received one of these after about 8 months after sar sent to barclaycard.

barclaycard application received

Also there are 7 guests on here, hello

[ashmk]

If its the one I posted then its unenforcable. They can do nothing. But the will harass you over the phone and by post for a few months.

[littlefatbudha]

It is identical to yours, the thing is i had two cards a visa and a mastercard, so how would they know what was what as there is no account number on mine.

[h8DCAs]

Very similar. Here:

 

http://i99.photobucket.com/albums/l308/ackrellk/bcagrmt.jpg

 

 

Just sit back, relax and ignore basically then?

[littlefatbudha]

They all seem to be from 2004, strange anyway 1st crudit have the alleged debt, just waiting for a letter from them, ha ha

[debt4get]

and a very good evening to our 6 guests....is time dragging in crabot land?

[debt4get]

it depends how you want to play it...if they were gonna go for court they would have done it years ago...we only have to get to august..and its goodnight vienna...i think this may be a last throw of the dice to get you too pay...thus starting sb clock again...i actually had a phone call from them this morning...i informed them yet again..take me to court...the muppet actually said ...i am going to have to escalate this if you wont talk to me.....to what....the pre pre pre court division...cos ive now been at the pre court...then the pre pre court....now i am going for the hat trick

[h8DCAs]

Haha, yeah that's how I saw it - why haven't they done it already. I had the same last year with a debt to tmobile. All of a sudden letters from bryan carter solicitors and fredrickson about 2 months before SB. I'm just left wondering where the £2500 (original balance) i had on a natwest student overdraft (literally) disappeared too. From 2004 as well, but no sign on any CRA files and no contact since 2004!

 

 

EDIT: Today on the phone they were trying to trick me into acknowledging - saying is it your sig on the app form, do you recognise any of these places ....... on the statement lol. Slimy weasels