Cabot - Halifax Credit Card - Cabot now started Court Action - Help Please ***SETTLED***

[lamb909]

...and they are still in default of your legitimate CCA request.

 

Send the reminder letter again! It will all look very good for you if they do try legal action. Of course, you still have the letter written by the Cabot village idiot which states they don’t actually have any agreement on which to base their case – not even a recon.

 

Righty ho DonkeyB, will get that off again today. Cheers for All your help, its much appreciated, you have been a great help

Edited May 11, 2011 by citizenB

[lamb909]

Ahh, now found one that looks like they one that they sent me, the first page anyway, hope the "owner" doesn't mind me borrowing it

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?278958-Halifax-havn-t-fully-complied-with-cca-request-what-do-I-do-now/page2&highlight=halifax+cca

[Duffers Mum]

I had similar with Crapbot, in fact I think I received the same rubbish letters and recon agreement that you've had....I'm still waiting for them to provide me with a copy of the original agreement. Not heard from them for a few months now..If they take me to court I only hope they have better documentation that what they've provided me with, because its basically a complete load of tosh!

 

Good luck

[lamb909]

reciecved a letter from Morgan solicitors (same address as Cabot) saying my account is in default and despite letters etc you have failed to settle this account and the FULL BALANCE is now payable immediately. i can call to arrange a payment plan. it says this is a very important letter and i am obliged to respond to this letter by writing to us by virtue of the Practise Direction to pre-action protocols within the civil procedure rules 1998. if we do not recieve a response with one month legal proceedings will be issued against me without any further notice or warning to yourself. if you intend to represent yourself in any forthcoming legal proceedings we can provide you with a copy of the Practice Directions upon request. we are obliged to inform you that should you not comply with Practice Direction, the court has the power to impose sanctions which may include cost santions. Pre-printed signature "morgan"

 

 

Am really worried now guys to be honest and am thinking thoughts what I shouldn't be as my parents would be,,,well you get the meaning. I am on anti d's but even though im a bloke the thought of court frightens me to death, i've had one ccj for about 2 years and dont want to have another one

 

If you can help, please do as I neeed help so much

[lamb909]

Just to add, if it is of any use. When I got the card, I phoned customer service for bank account near Christmas, they answered my query and then said would I like a credit card, I said no becuase I knew I wouldnt get past credit checks, they said I would be accepted as it was a guarnteed card and was showing on my account as available, so they put me through to the credit card dept who went through a few things with me, asked what type of card i wanted then told me the credit limit. Then I had to go branch and sign a agreement, which was there waiting for me

[lamb909]

Sorry another post, the documents they sent me look a lot like this

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?235064-Confused-v-Halifax&highlight=cca+halifax

 

Post 3 and 4

[lop]

We do know that Morgans are not shy and based on what they have found out about you, they may well take this to court. Do they know if you are employed / homeowner etc. Problem in this day and age is because so many people are fighting back, more and more cases are going to court.

 

Reconstituted. most DCA's are successful with this as most judges beleive it as a technicality. I would suggest you go through everything with a fine toothcome. send a SAR to the original creditor. It would help immensly if you could place your documents up here but block out any sensitive parts.

[lamb909]

I have no way of getting the documents on here, guess i'm ****ed then, might as well give up now

[DonkeyB]

Do you have a mobile phone with a camera?

[lamb909]

No Donkey I don't sorry. Thank for all your help on many of my threads

[lop]

Im afraid without sight of the reconstituted agreement, we may not be able to assist any further. Have you no shops nearby who could do that for you?

[Bazooka Boo]

Have a read through this, it might be of some help.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?162851-Consumer-Credit-Agreements-a-guide-to-enforceability

[lamb909]

Right, i'm not sure if I'm understanding this correctly - re above post by Bazooka so I'll try and explain what relates to the link he/she has kindly provided

 

First of all

 

Summary

 

1. A properly executed agreement is enforceable

 

2. An agreement that is not properly executed and was signed before 2006 is not enforceable unless it has the debtor's signature and the prescribed terms in the same document. THE CARD WAS TAKEN OUT IN NOVEMBER 2005 AND THE DOCUMENTS I RECEIVED DO NOT HAVE MY SIGNATURE ON THEM

 

SECONDLY

 

 

3. The enforceability of an agreement that is not properly executed, signed after 6 April 2007 and not having the debtor's signature and the prescribed terms in the same document may not be enforceable but it's enforceability has to be argued on a case-by-case basis (you cannot use section 127(3)).

 

There is also the issue of the 'Right to Cancel' which must be present in an outlined box within the signature page if an agreement is signed at home. This is covered by the CCCA 1983 see pages 4 & 5 and must be in the prescribed form. THERE IS NO 'RIGHT TO CANCEL'

 

However, the Court's powers to enforce an agreement that is not properly executed and that was entered into before 2006 are limited by Section 127(3) of the Act.

 

 

127.--(1) In the case of an application for an enforcement order under--

(a) Section 65(1) (improperly executed agreements)....

 

(3) The court shall not make an enforcement order under Section 65(1) if Section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under Section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner) AGAIN NOT SIGNED

 

 

This section says that an agreement that is not properly executed can only be enforced if it consists of a single document CONSISTS OF MAYBE 8 PAGES, DOES THIS COUNT AS ONE DOCUMENT??

 

 

a) signed by the debtor, and

 

b) has the prescribed terms

 

This is for starters, will check the document again against the link provided.

[Bazooka Boo]

If it is signatures you are wanting then a CCA request won't show them, they should, but these clowns think they are funny by omitting the evidence.

 

A CPR request (31.14-i think?) will be able to show you what it is they intend to rely on in court for evidence.

[lamb909]

I now have the two sets of papaer in front of me, both sets are typed up on A4 paper, one is for Halifax, one is for BOS. Sorry but both sets have the right to cancel boxes

 

The Halifax one has a barcode in top left hand corner with 'Application form' underneath and states it is a CCA regulated by the cc act 1974. It then goes on to say 'The parties to this agreement are halifax and myself, this consits of 7 pieces of A4 paper

 

The second one is as the above but without the barcode, application form and states it is an agreement between BOS and myself. this is 8 pages

 

The agreemrnts have differeent addresses , one for halifax and one for bos

 

Both have same APR on and same exampe of how interest is worked out,

 

Neither are signed either by me or them

[lamb909]

If it is signatures you are wanting then a CCA request won't show them, they should, but these clowns think they are funny by omitting the evidence.

 

A CPR request (31.14-i think?) will be able to show you what it is they intend to rely on in court for evidence.

 

I don't know what I want or need, just going by the link you provided??

 

Sorry to be dim but what is and how can I find a CPR request? Thanks for your help, much appreciated

[Bazooka Boo]

Been away for a few days, so have been unable to access this site, any how, a CPR request:

http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part31.htm

Have a look through their, I think it is either 31.14 or 31.16, HOWEVER! You should only use a CPR request if they are threatening legal action, OR you do indeed want them to supply you with the CCA and the sigs.

[lamb909]

Been away for a few days, so have been unable to access this site, any how, a CPR request:

http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part31.htm

Have a look through their, I think it is either 31.14 or 31.16, HOWEVER! You should only use a CPR request if they are threatening legal action, OR you do indeed want them to supply you with the CCA and the sigs.

 

I'm a bit confused, they are threatening to take it to court, do I need the signatures and original CCA or will a reconstucted document be ok if a judge looks at it )I mean will he rule in thier favour?

[Bazooka Boo]

Good question deserves a good answer, half of me says that they MUST have an original copy of your CCA, but the other half of me is trying to remember if that is no longer the case????

 

I'm hoping someone else will be able to give you the correct answer to that, still trying to get my CAG head back on..

 

Who is it threatening court? Is it the OC (Halifax) or is it cr@pbot?

 

If it is the latter then unless they have bought the debt and all of the rights to it under the law of property act, then they are merely calling your bluff, besides, Cr@pbot CANNOT take anyone to court it has to be the owner, not some tin pot puerile DCA.

Edited May 11, 2011 by citizenB

[lamb909]

Its Morgan Solicitors - same address as Cabot thats threatening to take me to court, I don't understand, most of the info is in posts 14, 24 and 41.

Thank you so much for replying, its much appreciated,

 

Also the letter Moragns sent says stuff about Practice Directions (Post 34) is worring me silly

[Bazooka Boo]

OK, I did originally think they were and now it is confirmed, Morgans Solicitors ARE the in-house sols for Cr@pbot;

http://www.morgansolicitors.co.uk/

 

So technically NOT sols at all, a little bit like "Blair Oliver & Scott" who are the in-house "solicitors" for Bank of Scotland, very tame, immature and simply rely on peoples ignorance and lack fear.

 

Worrying about this is EXACTLY what they hope they can achieve thereby wear you down to the point of extinction, literally!

 

Give me a minute I an reading up on pre action protocols...

[lamb909]

You're great, cant thank you enough for your time and help, cheers mate, everything a bit daunting

[Bazooka Boo]

Right, the "Practice Direction -Pre Action Protocol" they are referring to, is their deluded attempt at making themselves sound legally aggressive when in actual fact, it is nothing more than their pathetic way of using incorrect legal jargon designed to exploit your lack of knowledge surrounding debt collection, it is in layman's terms an attempt to come to some agreement between you and them WITHOUT the need for court intervention.

http://www.justice.gov.uk/civil/procrules_fin/contents/practice_directions/pd_pre-action_conduct.htm

 

Please read the link, and stop worrying,

[lamb909]

Cheers for that, feel a bit better now. Right so what should I do next? Really sorry for taking up your time but it is greatly appreciated

[Bazooka Boo]

IMO I wouldn't do a thing, apart from complaining about them to the OFT&TS via http://www.consumerdirect.gov.uk/contact telling them that this clown outfit is attempting to exploit your lack of knowledge by using legal jargon, and attempting to make a mountain out of a molehill.

 

Then do some more reading about them on here, and brush up on your consumer rights, reclaim your rights and you can slap em down at every turn.

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

You'll be fine,