Cabot - summary cause Scotland - Merged Argos Card & Littlewoods Card help! **Case Dismissed ***

[AndyOrch]

And if there are arrears then there must be a DN and even if they have not sent a DN then they have to send a Notice of Arrears

CCA2006 amendments Oct 2008. If they have not sent any NoA then they are not entitled to pursue.

 

Failure to give notice of sums in arrears

 

Introduction

The Consumer Credit Act and its amendments affect all those who use credit to buy goods and or services, for example, on hire-purchase agreements or using a store credit card. The Act governs the licensing of, and other controls, on traders who supply credit, or goods and services on credit. It is therefore a valuable tool to have knowledge of how it works at your fingertips.

 

This article explains a recent change to Consumer Credit law – the CCA 2006. Specifically, it explains what a creditor may do if the debtor breaches the agreement.

 

Arrears notice penalty:

Of course when a trader provides credit, the debtor may default, perhaps knowingly, perhaps unknowingly. Either way, the creditor is under a duty to provide the debtor with a notice stating that they are in arrears and owe ‘x’ amount of money.

 

A new amendment has been made in case of failure to give notice of sums in arrears in CCA 1974. Section 11 CCA 2006 inserts a new section - 86D - that sets out the consequences for a creditor or owner if he fails to give a notice as required by sections 86B or 86C.

 

If the creditor or owner fails to provide a notice of sums in arrears when required to do so, then during the period of his failure to provide the notice (i.e. from the date that it was required to be given until the end of the day on which it is eventually provided), he is not entitled to enforce the agreement. In addition,

 

The debtor or hirer is not liable to pay any interest that relates to the period of the creditor or owner’s failure,

 

Notice of default sums

Section 12 of CCA 2006 applies to situations where a debtor or hirer under a regulated agreement incurs a default sum.

 

A creditor or owner must give the debtor or hirer a notice in the specified form when a default sum becomes payable as a consequence of a breach of the agreement. For example, you hire a car for the duration of your holiday. There will often be a penalty sum payable if you incur a fine from using the car. The car-hire company might say this is to cover, for example, administration charges. Either way, certain sums are payable if you breach the agreement. Where this applies, the creditor must provide notice to the debtor, of the amount they must pay. This only applies where the default sum exceeds a specified amount.

 

Additionally, a creditor may only require a debtor to pay interest (in connection with a default sum) 28 days after the day the notice was given to the debtor. So if the creditor fails to give notice to the debtor then he can not enforce the agreement until notice is given.

 

Default sum

The term ‘default sum’ has been redefined in s.18 CCA 2006. “Default sum” now means: a sum payable by a debtor or hirer in connection with his breach of a regulated agreement (e.g. a charge imposed for late payment of an instalment due under the agreement or a fee imposed for exceeding a credit limit on a credit card). A default sum does not include sums that, as a consequence of a breach of the agreement, become payable earlier than they otherwise would have done. Nor does it include interest.

 

Interest on default sums

Section 13 has been amended so that a creditor or owner may only require simple interest to be paid in respect of default sums payable by the debtor or hirer. This includes sums payable under non-commercial or small agreements.

 

Minimum 14 days after Default notices

The new minimum period after which a creditor or owner may take action (in respect of the agreement after having issued a default notice) is now 14 days. It used to be only 7 days. Section 14 CCA 2006 amends section 88 of the 1974 Act to create this extension.

Additionally, under s87, a creditor or owner must give the debtor or hirer a default notice in the prescribed form if he wishes to:

• Terminate the agreement;
  
• Demand earlier payment of a sum;
  
• Recover possession of any goods or land;
  
• Treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred; or to;
  
• Enforce any security.
  

Section 88 is also amended to allow the Secretary of State to prescribe information in the default notice to include any matters relating to the agreement (e.g. information about whether the agreement includes a term providing for the charging of post-judgment interest).

 

Regards

 

Andy

[AndyOrch]

thanks Andy. Any view on the Letter of Assignment with wrong account number?

 

It can be used as part of your defence but I personally would be fighting on the the above point I have outlined.Far stronger

and one which most DJs will be able to understand:!:

 

 

Andy

[AndyOrch]

Your not going off your head Delilah,

this it what happens when these leaches buy debts from OCs and gives rise to doubts in all sections.

 

It should be banned for those very reasons considering the OCs have already wrote the debt off and claimed tax relief initially.

 

 

Double entry defaults on your register, inconsistent accounting,missing payments, lack of paperwork to verify entitlement

 

They have bought the debt with one intention, not to become the benefactor in an ongoing financial relationship with yourself

but to litigate on it at the very first opportunity.

 

 

Costs money to service a debt collecting, accounting and informing, issuing mthly statements

and complying with the CCA and FSA/OFT regulations.CCJs and Charging orders

are the only incentive to purchase and to cause misery to anyone connected to said debts.

 

Its quite true what you state they hope you dont defend because that causes problems and costs them in achieving their target.

 

 

They dont have the paperwork or statements they purchase a debt, a figure, and a name and address.

 

 

They cant account or record what you have already payed them they dont know or care.

 

 

They are looking at the bigger picture.

 

 

Use what I have posted stick to the NoA and put them to proof and accountability.

 

Wish you well with your case.

 

Regards

 

Andy

[AndyOrch]

Seems to be going swimmingly Delilah:wink:

 

Andy

[AndyOrch]

But then again you wasn't expected (or should be allowed) to defend so need for any preparation just to rely on your acquiesce with regards to this matter.

 

Andy

[AndyOrch]

Hi Delilah

 

With regards to the points you raise above:-

 

No the PPI would normally be included in the main body of the CCA.

 

You should have received NoA (Notice of assignments) for both agreements either from the assignor or assignee by post

 

 

I'm confused as to why you would need to write back to them?

The debtor doesn't acknowledge the assignment you do that by payment.

 

Doesn't really matter re the reconstituted copies of NoAs originals or copies wont effect their claim.

 

As no effect on the Statute Barred issue either you have made payment and negated the issue of Statute Barred.

 

Regards

 

Andy

[AndyOrch]

Im all for research and shoving people in the right direction:-D Knowledge is power!!!

 

With regards to the wrong account number

I suppose at least any NoA should contain the correct AC number and debt amount.

 

 

The problem is that on many assignments account numbers can and do change which is wrong and another reason that this practice should be stopped.

 

Regards

 

Andy

[AndyOrch]

Most originals were destroyed and transfered to microfiche purely because of storage in the 80s/90s.

Requesting originals can be construed as " with your signature or theirs and not a reconstituted version"

Not sure why their lawyer would have to request "what are these " though I would have presumed its obvious what they are.

 

Andy

[AndyOrch]

Need to chill out a tad Delilah, let your brief worry, you will make your self ill letting this become an obsession.

Considering you are not even attending the hearing.

 

Andy

[AndyOrch]

Link Donna

 

Cabot v Windywoo - HELP-SD ISSUED *** WON + COSTS ***

 

 

Regards

 

Andy

[AndyOrch]

If they can refund the debt (offset) then the debt as not been absolutely assigned.Need to inform your Sol.

 

Andy

[AndyOrch]

Wait until you have something in writing from Sharklycard in case they have made an error.If there is no error and its not been assigned then

Cagiboot have some serious questions to answer.I assume you have done all the checks on the NoA and its authenticity?

 

Andy

[AndyOrch]

If they sent you the cheque then its yours how can it go to Cabot?

 

Andy

[AndyOrch]

Normally offsets but in the case of the assignment should come direct to you.

 

Regards

 

Andy

[AndyOrch]

This is why assignments should be out lawed and banned in theory the debt is the assignees now, as they have bought it, with warts and all

so the PPI should have been refunded from the assignee not assignor (assuming it all within the same agreement/debt) you cant have 2 contracts for the same debt

and one refunds on the original balance and the other litigates on the assignment value, can you????

 

Even if they did buy it for peanuts!!!!! Unless of course the OC still has a vested interest in the debt.

 

Regards

 

Andy

[AndyOrch]

Nothing moves fast in litigation Delilah.

 

Andy

[AndyOrch]

Excellent Delilah.

 

Don't concern yourself with their sour grapes it will be discontinued (you cant discontinue for the time being).

 

Well done!!!

 

Regards

 

Andy

[AndyOrch]

PS you can still claim wasted costs.

[AndyOrch]

Unfortunately yes they can , if you don't accept their offer of no costs (and you don't have to) they will still discontinue.

LiP WC are now set at at £18 per hour, but I'm sure your Sol will advise accordingly.

 

Post when you receive the NoD and then we can change your thread title to reflect.

 

Regards

 

Andy

[AndyOrch]

Only with the permission of the Court (which would be very doubtful) Res judicata.

 

Regards

 

Andy

 

Del i will request your thread title be amended to reflect your result.

[AndyOrch]

Thank you Andy.

Thank you to all Caggers who have supported and advised me.

Id open the champers and toast you all but i dont drink so im toasting with coffee and a bickie.

:wink:

Delilah XXXXXXXXXXXXX

 

Many thanks ims21,

 

Well done Delilah, pity about those costs but hey ho you won.

 

Regards

 

Andy

[AndyOrch]

There is no requirement for you respond to either delilah........you have stated the facts they either accept or issue a claim if they are confident.

 

Regards

 

Andy

[AndyOrch]

They probably have but there will be no love lost between the two bad debt buyers and are highly unlikely to exchange or assist each other in handing your data out.