Continuing a financial arrangement.

[aristilus]

Hi,..re Cabot so called Assignments....

 

I'm new here so please accept my apologies if I'm in the wrong thread: I have posted on

Halifax CC Debt Sold to Cabot but have had no response from anybody,,

 

 

I have a Debt 4K with Halifax and have been paying £1 agreed for the past 18 months

i have asked and received a copy of CCA.

 

This account has now been transferred to Cabot Financial and they are asking for the same payment agreements,

 

but I think I'm correct in saying that the CCA i have relating to this account Bank One with the terms and conditions on 3 separate pieces of paper this is definitely UN-enforceable,

on the grounds that the terms and conditions are on a separate piece of paper,

and are not within the signature box. And are not compliant with the 1974 credit agreements?

 

I’ve uploaded to Photobucket of the agreements, but as I’m a newbie I have to have at least 10 post to comply:

 

The other Debt being my wife’s is one piece of paper with the terms and conditions photo copied on the reverse side, again in my humble opinion non-compliant?

 

I have written to Cabot stating that i can't arrange a direct debit and have asked for other means of payment,

( time consuming exercise)

 

So my next step is to CCA Cabot and see what I get back,

I know it will be the same as i have, but they may have nothing?

 

if i get the same as i already have,

could anyone mediator respond to the posted agreements,

as I would challenge both of these, as not being compliant.

 

I know Debt collecting firms are going more for Statutory Demands,

but if I ever get one of these I would simply ask for set-a side.

 

Any help would be appreciated:.

..BTW what's an SAR, forgotten

[dx100uk]

Hi,..re Cabot so called Assignments....

 

I have a Debt 4K with Halifax and have been paying £1 agreed for the past 18 months

i have asked and received a copy of CCA.

 

This account has now been transferred to Cabot Financial and they are asking for the same payment agreements,

 

but I think I'm correct in saying that the CCA i have relating to this account Bank One with the terms and conditions on 3 separate pieces of paper this is definitely UN-enforceable,

on the grounds that the terms and conditions are on a separate piece of paper,

and are not within the signature box. And are not compliant with the 1974 credit agreements?

 

I’ve uploaded to Photobucket of the agreements, but as I’m a newbie I have to have at least 10 post to comply:

 

The other Debt being my wife’s is one piece of paper with the terms and conditions photo copied on the reverse side, again in my humble opinion non-compliant?

 

I have written to Cabot stating that i can't arrange a direct debit and have asked for other means of payment,

( time consuming exercise)

 

So my next step is to CCA Cabot and see what I get back,

I know it will be the same as i have, but they may have nothing?

 

if i get the same as i already have,

could anyone mediator respond to the posted agreements,

as I would challenge both of these, as not being compliant.

 

I know Debt collecting firms are going more for Statutory Demands,

but if I ever get one of these I would simply ask for set-a side.

 

Any help would be appreciated:.

..BTW what's an SAR, forgotten

 

the days of being able to wriggle out of your debts due to a 'paperwork error' are mostly long gone.

 

please start a new thread

 

and we'll help you

 

see below

 

dx

[BRIGADIER2JCS]

Agreed, technical ''faults'' in paperwork are no longer much use given that a creditor can prove that an account has been used and a debtor has benefited from a credit facilty

a judge is not going to be easily persuaded that no debt exists.

[brokebutnotbeatn]

Not if the account is pre 2007; if it is then the original still needs to be produced in court. A recon only satisfies a S77/78 request.

[sameagle]

Barclaycard have woken up!

 

They sent a reply to my friends CCA request last October, which consisted of a balance, and a request to pay, plus two sets of photcopied sheets headed "Barcaycard Conditions"

 

The two sets appear to differ by only one thing, the "Cash Rate on the Cash balance" whatever that means, one was 25% pa, and the other was 27.5%

 

They referred to this lot as a "Reconstituted Agreement" - no dates on them, my friends personal details didn't appear, and no signatures, not even one from the Bank.

 

All this for an agreement that dates well before 2007.

 

So I ignored it - and last month, we heard from "Zinc Collections", who left a message on my answerphone, for my friend to ring them - I rang them instead, and told them that this was my number, and that they should not use it, but delete it from their records - they agreed, and then rang again, last week.

 

A letter has gone to their data controller this week, telling them that I shall not deal with them, but only with the OC, and I've send them a 10 quid cheque and served an SAR notice on them in respect of me!

 

I've also stated that if they ring again, or write, [except to send my SAR], then I reserve the right to stick them with a £750 bill for each occasion - I figure that if I'm to issue a County Court claim, then it might as well be worthwhile.

 

I'm not prepared to deal with Barclays until my SAR is satisfied, and I need to tell arclays this.

 

Trouble is, I've got so many Barclays addresses, I don't know which to use.

 

Oh yes! In past correspondence, they've sent three or four different account totals, varying by up to £500 - I haven't mentioned that - yet!

 

Advice, please?

 

Sam

[BRIGADIER2JCS]

Hi Sam

 

A recon agreement requires The Ts & Cs applicable at inception of the agreement and those in force through out its life.

The debtors name and address at inception, the creditor name and address at inception.

The ''finanacial'' details must be those in force throught the life of the agreement.

No date or signatures are needed.

 

Use Baraclays HO address.

[sameagle]

My friends name only appears on the covering letter - it was sent to my address, and no reference to where she lived at the time, [i think that it was taken out at one address, and then she moved - she's moved again since!

 

It's simply their "Conditions", there's nothing to relate them to her, or her address.

 

Tell me if I'm wrong, but as this would have been taken out about 2003, does a copy of the original need to be provided?

 

Sam

[BRIGADIER2JCS]

My friends name only appears on the covering letter - it was sent to my address, and no reference to where she lived at the time, [i think that it was taken out at one address, and then she moved - she's moved again since!

 

It's simply their "Conditions", there's nothing to relate them to her, or her address.

 

Tell me if I'm wrong, but as this would have been taken out about 2003, does a copy of the original need to be provided?

 

Yes it does need the original BUT a judge has the perogative to view a recon and other evidence of useage of a credit facility to decide if a liability subsists or not

[sameagle]

OK, thanks, I'll write to them, but they don't realise, [yet], that they have another bridge to cross - I've three or four different communications from them, each quoting a totally different balance.

 

I wonder how they will get out of that one - "Sorry, wrong amount, would you like to try again, but how many guesses do you think I should give you?"

 

"Short and curlies", is the phrase, I believe?

 

Sam

Edited March 6, 2013 by sameagle
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