Cabot CCA return for old Sky Card - help

[mrsimmo189]

Hi

 

have just recieved a reconstituted copy of an agrrement from Cabot via Barclay card originally Sky card

after sending them section 78 of the consumer credit act

 

The documents do not have my signature

 

 

is this still binding

 

 

can you help please.

[dx100uk]

tell us the full story please

 

 

is this on your credit file?

 

 

is it defaulted?

 

 

dx

[mrsimmo189]

Hi

 

I have been in DMP for over five years with this debt on my credit file

and have been paying regular small amount each month,

 

the debt was originally Sky Card and then went over to Barclay card although sold on to Cabot.

 

I have been trying to source a copy of the credit agreement and

 

today I received a copy from Cabot of Barclay Card terms and conditions

and Sky card Terms and conditions although no signature is present on any of the conditions.

 

Additionally today from Cabot

I received a letter stating that a debt they purchased from LLoyds will now not be pursued

due to the fact Lloyds are unable to provide relevant document or information.

 

However they say I must not be confused or misinterpret this as a write off of the outstanding balance to this account

and the debt legally remains so therefore Cabot will continue to report to the Credit Reference Agencies accordingly ?

 

Any advice will be greatly recieved on both counts

[dx100uk]

so bottom line is they are stuffed

 

 

stop payments

 

 

they've been cash cowing you.

 

 

dx

[mrsimmo189]

What do I do stop both companys and not pay either

 

 

should I send another letter to Cabot to clarify that what they have sent is not sufficent then

 

 

and that as they have not supplied my signature they are at default.

 

 

This is so confusing although there is now some light at the end of the tunnel

xxx

[dx100uk]

you do nothing more

 

 

no cca = no pay

 

 

end of.

 

 

dx

[slick132]

Hi Mrsimmo and welcome to CAG

 

If you want to discuss the Lloyds a/c, start a new thread and use this one just to discuss the BC a/c.

 

Is this a fee-paying DMP or a free one. If you pay any fees, you should stop using the DMC and pay direct to those that you need to.

 

As you've been paying off these debts over the past 5 years, they will drop off your CRA files in a year or so.

 

Re the BC a/c, were there any Penalty Charges or PPI added to the a/c. If so, you can reclaim these to reduce the balance owed. Also, with Penalty Charges on a BC a/c, we recommend claiming compound interest which can greatly increase the amount you get back.

 

If you don't have your a/c statements for the a/c, you can get this info with a SAR.

 

[dx100uk]

the lloyds debt is dead

 

 

 

 

when did you take the sky card out

if it was before apr 2007

then they MUST hold the signed agreement

 

 

dx

[BRIGADIER2JCS]

Coniff

 

You Say that this is still binding however dx says that not to pay any more can you clarify please on Cabots reply regarding my Sky/Barclay card

xx

A recon agreement Must have:

 

 

The Ts &Cs at the inception of the agreement and those at closure.

Your name and address at inception and the Creditors name and address at inception so Must be that of the original card provider.

 

 

Any docs mentioned in the Ts & Cs

And a current statement of the account signed and date by the company.

 

 

Without these the recon fails to meet the CCA request.

[mrsimmo189]

Hi

 

 

with regards to the Sky Card this would of been well before 2007

 

 

does that make a difference then to the situation ?

 

 

It has printed at the top of the condition page on both sky and barclay card

my name address

 

 

however no signature on either documents

 

Thanks

xx

[dx100uk]

then anyone wishing to goto court must have the signed copy

 

 

if they ain't got that

 

 

they don't get any money till they do.

 

 

dx

[BRIGADIER2JCS]

Hi

 

 

with regards to the Sky Card this would of been well before 2007

 

 

does that make a difference then to the situation ?

 

 

It has printed at the top of the condition page on both sky and barclay card

my name address

 

 

however no signature on either documents

 

Thanks

xx

Signatures are not needed on recons, however if this agreement was signed prior to April 2007 the original agreement is needed.

[mrsimmo189]

On the terms and conditions there is no date as to when the card was signed for

 

 

however on the top of the conditions of the Sky agreement terms,

there are 3 sheets,

one of them has a date on the top of the sheet 18/07/07

the next has date 20/01/07

 

 

by this I would conclude that the card was prior to April 2007

 

 

do I need now to clarify when this card was started

 

 

then insist on a copy of agreement with a signature

 

 

Thanks for your help on this matter

 

xxx

[renegadeimp]

As above. STOP PAYING. They have said they dont have the paperwork, yet they are trying to bluff you into paying. It doesnt matter what they say or threaten. They know very well that no paperwork means no money for them.

[dx100uk]

On the terms and conditions there is no date as to when the card was signed for

 

 

however on the top of the conditions of the Sky agreement terms,

there are 3 sheets,

one of them has a date on the top of the sheet 18/07/07

the next has date 20/01/07

 

 

by this I would conclude that the card was prior to April 2007

 

 

do I need now to clarify when this card was started

 

 

then insist on a copy of agreement with a signature

 

 

Thanks for your help on this matter

 

xxx

 

 

nope you do nothing more

 

 

dx

[Conniff]

Coniff

 

You Say that this is still binding however dx says that not to pay any more can you clarify please on Cabots reply regarding my Sky/Barclay card

xx

 

 

dx is the one you should be taking notice of mrsimmo, he is the expert in this department. I will remove my post.

[BRIGADIER2JCS]

On the terms and conditions there is no date as to when the card was signed for

 

 

however on the top of the conditions of the Sky agreement terms,

there are 3 sheets,

one of them has a date on the top of the sheet 18/07/07

the next has date 20/01/07

 

 

by this I would conclude that the card was prior to April 2007

 

 

do I need now to clarify when this card was started

 

 

then insist on a copy of agreement with a signature

 

 

Thanks for your help on this matter

 

xxx

 

 

What you have received May just satisfy a CCA request, if the agreement was signed prior to April 2007 the original signed agreement is required to enforce payment via the courts.

 

 

Can you conclude that these " terms and conditions " are complete?

 

 

Personally I would think the dated sheets are in the wrong order, if so yes it is prior to April 2007, it would help if you could post copies with personal data redacted here so we can see what you have.

[dx100uk]

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[mrsimmo189]

Good Day

 

 

I have tried to scan etc etc my documents and followed above instructions but somehow got completly messed up converting to this and that

 

I have today received from RBS a copy of credit card agreement that I had with them with my signature

however there are no dates as to when the account was opened

do I just accept this now.

 

 

As I have been paying into a DMP since 2008 do I now cease paying them a

nd wait for the wolves to appear at my door again with regards to Sky/Barclay and LLoyds

 

 

although LLoyds have admitted they are unable to trace copy of agreement

 

 

and Sky/BArclay have supplied reconstituted copy with no signature.

 

Thanks for any clarification

[dx100uk]

you ideally need to be making a thread for each 'debt'

in the named bank forum

off the top main forum tab.

 

 

did you get T&C's of the correct date with the RDB one?

 

 

dx

[mrsimmo189]

Sorry did you mean RBS and date on the copy of agreement there is no date filled in.

 

I will endevour to post on relevant bank forums new to this all

 

xx

[dx100uk]

use this thread for the sky card

[mrsimmo189]

I have a copy of the t & C from Cabot who now have this debt on Sky/Barclay card

 

 

however no signature is evident on any of the documents and

 

 

as I stated previously I believe this to have been started prior to April 2007.

 

 

Do I ring my DMO and now argue with them about any more payments for this debt or any other that I have dispute.

 

Help

 

xx

[dx100uk]

nope you do nothing more

 

 

stop thinking these people have any legal powers

they are NOT BAILIFFS.

 

 

until/unless they provide a signed agreement if its pre apr 2007

 

 

they are stuffed and they know it

 

 

dx

[slick132]

Which DMC is helping you service your debts and is it a free service or do you pay fees.

 

Depending on which DMC you're using, they may not agree to stop servicing just one debt and may insist that you continue to service ALL creditors on a pro-rata basis.

 

However, you could simply stop using the DMC and continue to pay those creditors that you choose.

 

Can you have another look at post #7 and answer my Q's about PPI and penalties.

 

Edited March 2, 2015 by slick132