Its getting worse!!!! going to payplan

[firstship]

Barney,can you post up the documents remembering to remove all personal identification by the sound of it they have not complied if you are unable to read the recon agreement

 

regards FS

[Guest 47Barney]

I have tried to upload them FS but the forum wont allow as my post count is not enough!

[Guest 47Barney]

bump

[Guest 47Barney]

bump bump

[Guest 47Barney]

here thit is in all its glory FS, this is about the size of it ....please note this debt is pre 2004

[firstship]

Barney.OK the Recon agreement element is unacceptable as it is very difficult to read and they are required to produce a legible copy with details that where correct at the time of the agreement,although they do not have to produce a signature.

 

Give me a few minutes and I will direct you towards a letter

 

FS

[firstship]

Barney.Google OFT reconstituted agreements have a good read you will find it useful.

 

When you have done this write them and say the copy of the purported agreement is not legible,so it is not possible that you can accept this as an agreement and draw their attention to OFT guidelines on this matter.

 

Cannot find a draft letter

 

FS

[The GodMother]

Blimey is that the quality of the agreement. Ask them for one that can be read.

[Guest 47Barney]

If I am paying £80 per month for a £9000 debt and have been paying for years without missing a payment, would a DCA take me to court to increase the payment if I refused to increase it when the famous review comes around?

 

Cabot told me if I refuse to increase the payment they will take me to court and get a charge put on my house.....this was a phone call from cabot which i foolishly answered a few months ago I since CCA'd them and they have failed to come up with anything!! I am still waiting 3 months on and still making the payments.

 

I have had this question in my head for some time and am looking for an answer so if anyone can help? please.

[silverfox1961]

Hi

If cabot did take this to court and you showed what you were paying, they would look severely foolish and the judge wouldn't be too impressed either.

 

never believe anything that comes out of a DCAs mouth.

[cerberusalert]

Cabot told me if I refuse to increase the payment they will take me to court and get a charge put on my house.....

Well the telephone jockey has missed a few crucial steps from that process. There's a little matter of them having to obtain a CCJ first, then you would need to default on that.

[Guest 47Barney]

Thanks for the very quick replies to this question.....I shall sleep a little better tonight!!!

[cerberusalert]

Never speak to them on the 'phone, refuse to answer any of their 'security' questions. Everything should be in writing because they wouldn't dare commit to paper what they will say on the 'phone.

[42man]

The Office Of Fair Trading make it quite clear -

 

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

f. pressurising debtors to pay in full, in unreasonably large instalments,

or to increase payments when they are unable to do so

[alfwithhair]

I take it Cabot actualy own this debt?

If they are just collecting on behalf of the original creditor, they can do nothing, only the original creditor can take proceedings