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

[Satterthwaite]

Lamb, Have you ever checked your credit reference files to see if there is a default marker on them for this?

[The Mould]

Lamb

In the agreement that the claimant has sent you, is there any express provision for the method of service of any notice in respect of transfer of the creditor’s rights to any third party (Assignment of the contract)?

If there is no such express provision in said agreement, then s196 LOP Act 1925 does not apply to service of such notices and therefore proof of service is required in order to substantiate the claimant’s assertion that said notice [was] delivered, as he said it was in his statement of case (POC).

Kind regards

The Mould

[lamb909]

Hi The Mould

 

Thanks for replying

 

the Claimant is claiming £3104.41 (I think) not near the documents right now and that was the original amount from Halifax, there has been no interest or charges added by Cabot. As for the rest of your comments, thank you very much but you've kind of lost me, sorry, could you possibly come back and explain it to me, I am really sorry, my heads a bit cloudy.

[lamb909]

just seen above post, will check

[lamb909]

Yes there is

[alangee]

Lamb

 

Kinch v Bullard does say that you can send the NoA by post, and that if it arrives at your address then it is deemed to have been served. You could send the NoA by carrier pigeon if you wanted, but it must be proved by the sender that it has arrived at the correct address. The only ways that they can do that is to send it via a postal service that demannds a signature, or deliver it by hand.

 

It was accepted in Kinch v Bullard that the NoA was delivered to the correct address, which is different to your argument that you did not receive one. They have to prove that you did receive one.

 

Alan

[Satterthwaite]

Yes there is

 

Lamb,

Is that in reply to my question

[lamb909]

Lamb

In the agreement that the claimant has sent you, is there any express provision for the method of service of any notice in respect of transfer of the creditor’s rights to any third party (Assignment of the contract)?

If there is no such express provision in said agreement, then s196 LOP Act 1925 does not apply to service of such notices and therefore proof of service is required in order to substantiate the claimant’s assertion that said notice [was] delivered, as he said it was in his statement of case (POC).

Kind regards

The Mould

 

It says this The Mould

 

16. Transferring rights under this agreement

16.1 You may not transfer any of your rights or duties under this agreement

16.2 We may trabsfer any or all of our rights and duties under this agreement to anothor organistaion (including organisations outside the European Economic Area). If we do this we may let them have any infprmation about you or an additional cardholder. We may also arrange for any other person to carry out our rights or duties under this agreement. Your rights under this agreement and your legal rights (including under the Consumer Cerdit Act 1974) will not be affected

 

The Mould, is this what you mean

 

Just noted another part, not sure if its relevant or not but it says

 

17.5 Nobody other than we or you can enforce any part of this agreement under the Contracts (Rights of Third Parties) Act 1999

[lamb909]

Lamb,

Is that in reply to my question

 

Yes, sorry, bit muddled up

[lamb909]

Lamb

 

Kinch v Bullard does say that you can send the NoA by post, and that if it arrives at your address then it is deemed to have been served. You could send the NoA by carrier pigeon if you wanted, but it must be proved by the sender that it has arrived at the correct address. The only ways that they can do that is to send it via a postal service that demannds a signature, or deliver it by hand.

 

It was accepted in Kinch v Bullard that the NoA was delivered to the correct address, which is different to your argument that you did not receive one. They have to prove that you did receive one.

 

Alan

 

Thanks for replying

 

Could they do that now, send one out by recorded delivery or something like and would that satisfy the Court?

[alangee]

I believe - and am sure I will be corrected if wrong - that you would have had to have received it prior to court action. However, who can say what a judge will or will not allow.

 

Alan

[BRIGADIER2JCS]

Down to the judge is right, but some may not be appreciative of the tactic.

[Satterthwaite]

If Lamb has a default registered how can Cabot now claim to only be claiming the arrears?

 

Lamb, was the default for the full amount?

[lamb909]

If Lamb has a default registered how can Cabot now claim to only be claiming the arrears?

 

Lamb, was the default for the full amount?

 

Yes it was

[gettingsorted]

Hi Lamb - out of interest - when was the default registered and by who ?

GS

[The Mould]

Lamb

 

When did you last make a payment to Halifax? Was the payment your normal monthly payment?

 

Did you make any payment(s) to Cabot?

 

It appears that Cabot are saying you did not honour your obligations, so it seems as though (as far as Cabot are concerned) that you gave a clear indication that you had abandoned the agreement, hence no default notice issued and the claim for the outstanding balance.

 

What do you intend to argue with in your defence? Do you understand if you have a defence and what that defence might be?

 

Kind regards

 

The Mould

[lamb909]

Lamb

 

When did you last make a payment to Halifax? Was the payment your normal monthly payment?

 

Did you make any payment(s) to Cabot?

 

 

It appears that Cabot are saying you did not honour your obligations, so it seems as though (as far as Cabot are concerned) that you gave a clear indication that you had abandoned the agreement, hence no default notice issued and the claim for the outstanding balance.

 

What do you intend to argue with in your defence? Do you understand if you have a defence and what that defence might be?

 

 

this was all I had

 

 

Kind regards

 

The Mould

 

 

the last payment was on 3/10/06 and was less than the normal and minimum monthly payment

I have no made payments to Cabot

 

to be honest, don't know, no and no

[lamb909]

This was all i had

 

 

The Defendant denies that there has been any failure to make payment in accordance with the alleged contract. The Claimant has failed to produce a copy of a credit agreement in the requisite timescale at all

 

Without Disclosure of the relevant documentation I am unable to assess if I am indeed liable to the claimant, nor am I able to assess if the alleged agreement is properly executed, contain the required prescribed terms, or correct figures to make such an agreement enforceable by virtue of s127 Consumer Credit Act 1974.

 

The Claimant has failed to issue a valid Default Notice as required under s. 87 Consumer Credit Act 1974 thus making any termination of the agreement unlawful.

 

The Claimant has failed to issue a Notice of Assignment and therefore is unable to prove that

the Claimant has any right to bring this claim or indeed that the alleged debt has been assigned to the Claimant.

 

The Claimant has not provided a Statement of Truth to the Defendant stating that this reconstructed agreement is a certified and true copy of the original therefore the Defendant is unable not sure how to end this

 

The Claimant has not provided a Notice Of Termination not sure how to end this

 

The Claimant has informed me in writing that The Claimant will not correspond with me further in this matter thus not sure how to word the end of this

[The Mould]

the last payment was on 3/10/06 and was less than the normal and minimum monthly payment

I have no made payments to Cabot

 

to be honest, don't know, no and no

 

Thank you for that Lamb.

 

What was the reason(s) as to why you were unable to meet your normal/minimum monthly payment to the account while Halifax still held title of the contract? Did you communicate the reason(s) to Halifax and if yes, how did Halifax respond?

 

Kind regards

 

The Mould

[The Mould]

Lamb

 

It does appear that the claimant formed the opinion that you abandoned the contract and therefore it was not him who terminated, which in turn means he does not need to issue a default notice in order to terminate and enforce the contract.

 

This is how your case looks to me and if this is indeed the case, then you will not be able to raise a defence strong enough to undermine his cause of action. I would advise you to have a serious re-think about what course of action you decide to take in this matter.

 

What are your personal circumstances, are you unwell, a homeowner etc. (sorry about the personal invasion). If you have no defence strong enough and you defend, then you could very quickly become liable for at least £3k on top of the debt claimed since the claimant would of incurred such costs in having to take this recovery action against you.

 

I think you ought have a thorough re-think Lamb.

 

Kind regards

 

The Mould

[lamb909]

I had a nervous breakdown and buried my head in the sand for quite some time. So no I didn't contact Halifax at all

 

I agree that I probably don't have a defense. i am a homeowner (just) and claiming Incapacity Benefit & DLA

 

If somebody could just please advise me what to do next, re not defending etc etc I would be very grateful

 

Then I will leave CAG, I've wasted everyones time and trouble and I really apologise for that, I truly do. I thank each and every one of you ofr all your many posts, advice and support, I'm sorry I've let CAG down and I hope the good work on here continues, I'm sure it will. Thank you all so much

[ims21]

I had a nervous breakdown and buried my head in the sand for quite some time. So no I didn't contact Halifax at all

 

I agree that I probably don't have a defense. i am a homeowner (just) and claiming Incapacity Benefit & DLA

 

If somebody could just please advise me what to do next, re not defending etc etc I would be very grateful

 

Then I will leave CAG, I've wasted everyones time and trouble and I really apologise for that, I truly do. I thank each and every one of you ofr all your many posts, advice and support, I'm sorry I've let CAG down and I hope the good work on here continues, I'm sure it will. Thank you all so much

 

Hi Lamb

 

I've been following your thread but have not been able to contribute since I have no experience in this.

 

However, what I can say is that you have NOT been wasting people's time. The guys are here because they want to help people....its what CAG does. Please do not think it has been a waste and don't just leave CAG because you feel like that. No need to apologise either...you have done nothing to apologise for.

 

I am sure there will be more advice from the guys as to another route you can take. There is usually more than one way to skin a cat.

 

Hang on in there and see what advice you get next.

 

ims

[BRIGADIER2JCS]

Hi, Lamb. please do not ever feel you have ever waste any ones time, we are here

to help each other as much as we can,the expertise,knowledge and PURE COMMON SENSE

advice on here can only go so far!!

In my very humble opinion I think you should seek face to face legal advice as Mould has said the consequence of defending

in this situation could cause more problems for you,this is my opinion only some of the others may see things another way.

My very best wishes

Brig..

[gettingsorted]

I agree - hang on in there Lamb see what comes along !

GS

[The Mould]

I had a nervous breakdown and buried my head in the sand for quite some time. So no I didn't contact Halifax at all

 

I agree that I probably don't have a defense. i am a homeowner (just) and claiming Incapacity Benefit & DLA

 

If somebody could just please advise me what to do next, re not defending etc etc I would be very grateful

 

Then I will leave CAG, I've wasted everyones time and trouble and I really apologise for that, I truly do. I thank each and every one of you ofr all your many posts, advice and support, I'm sorry I've let CAG down and I hope the good work on here continues, I'm sure it will. Thank you all so much

 

Lamb, my dear fellow

 

You certainly have not wasted anyone's time, on the contrary, it has been an absolute pleasure discussing your case with you, you have not done anything to offend or let down anyone here on Cag my dear Lamb.

 

I am sorry to say but it does appear that you have no defence to raise against this claim, however, there is nothing for you to fear.

 

What amount could you afford to offer the claimant each month until this debt is repaid? You will not lose your home Lamb.

 

Please do not leave this place, I would most certainly miss you and I am sure that others would too.

 

I wish I could give you some direction on raising a defence Lamb, but alas, it really would be a waste of your time and money. I do not like any creditor or the carriages they drag behind them (the dca's), however, I would not want to see you become liable for his costs if you were to try and defend, so please believe me when I say - you have not wasted anyone's time Lamb.

 

Try and keep calm, do try to relax this evening and hopefully you will come back here on the morrow and then we can really begin to help you to put this whole affair behind you, in the past where it belongs.

 

Kind regards

 

The Mould