Cabot/weightmans claimform - following SD set aside in 2013 - halifax Aqua Card ***Claim Discontinued***

[DonkeyB]

Yep, get the defence going.

 

Apologies, no time to go back over thread – did you receive a valid default notice? Do you still have it?

[Poppay2]

I need to go over all the paperwork over the weekend. I'm at work at the present. I believe i do have a valid default notice , I did bring a file to work with me but it's the wrong one, it is for the other debt.

[Poppay2]

The default notice is from some years ago though. I havent recieved any other default notices.

[DonkeyB]

Always worth checking these things.

[Poppay2]

Always worth checking these things.

 

totally agree

[dx100uk]

25th ack [aos] the claim by on mcol

 

 

to be honest you should do it ASAP

 

 

so off you go up on MCOL

 

 

create a new individusl user

note the number given

 

 

then log in

 

 

using the required info from the claimform

respond to a claim [AOS box]

 

 

defend all

 

 

leave juris unticked.

 

 

exit mcol

 

 

def due 4pm 5th nov.

 

 

do not miss it.

 

 

CCA is 12+2 working days. not 12 cal days

[Poppay2]

25th ack [aos] the claim by on mcol

 

 

to be honest you should do it ASAP

 

 

so off you go up on MCOL

 

 

create a new individusl user

note the number given

 

 

then log in

 

 

using the required info from the claimform

respond to a claim [AOS box]

 

 

defend all

 

 

leave juris unticked.

 

 

exit mcol

 

 

def due 4pm 5th nov.

 

 

do not miss it.

 

 

CCA is 12+2 working days. not 12 cal days

 

Thanks for this I will do this today. Havent been able to access the site from home, as the cable has been pulled out of the junction box once again which has severed my home internet connection.

[Poppay2]

I have now registered the acknowledgement of service.

[Poppay2]

I have been searching for documents relating to this issue and came across what is supposedly 'copy' of the CCA. Sent to me in May. I have to stress however that NOWHERE is there an indication that this is the CCA signed by me. There are NO signautures and NO dates on it. Basically a copy of Terms and Conditions.

[dx100uk]

unless the docs are as a result of a return following your CCA/CPR sent since the claimform was issued

then you can ignore previous paperwork as such.

 

 

if you signed up to this card prior to apr 2007

they will need to produce a true copy of the signed agreement

and all relevant T&C's to further their claim.

[Poppay2]

unless the docs are as a result of a return following your CCA/CPR sent since the claimform was issued

then you can ignore previous paperwork as such.

 

 

if you signed up to this card prior to apr 2007

they will need to produce a true copy of the signed agreement

and all relevant T&C's to further their claim.

 

No, the documents are not a result of the duplicate CCA and recent CPR sent since the claim form was issued, as they were received with a statement way back in May. To date NO signed copy of the agreement has been sent.

[DonkeyB]

It would be interesting to see what they did send as a CCA. Can you post up?

[Poppay2]

Attaching the 10 page document.

[Poppay2]

hopefully that upload has worked, I am able to download it from the site and view in Adobe. Please let me know if you cant view it.

[DonkeyB]

Delete that sharpish.

[silverfox1961]

Documents unapproved for now.

Can you please delete all personal information before uploading again

 

thanks

[DonkeyB]

Thank you silverfox.

[DonkeyB]

Would have been useful to see that sooner, Poppay! Was that sent all together?

 

It may actually comply with a CCA request, as it has your name and address on two sets of T&Cs which, though undated, may be the T&Cs when the account was opened, and those when it was closed (though your name is spelled wrongly in the second set of T&Cs).

 

Were you living at the same address when the account was opened (and when was this?) as when it was closed? I need to double check on the requirements of the Waksman conditions in Carey v HSBC to see if that response complies with a CCA request.

 

What you need to do is check through those T&Cs and look for things that aren’t right – for example, if you opened the account in 2003, and the charges in the supposedly original T&Cs are stated at £12 rather than £25 for a missed payment, then there’s something amiss as charges didn’t come down till about 2006, I think, after OFT action.

[Poppay2]

I never noticed that my name and address was visible. I confess I was guilty of skimming the document. Yes I was living at that address at the time. I cannot recall exactly when I opened the account, I am going to have to dig around in the loft to see if I can find anything.

[Poppay2]

i'm a bit busy at work right now I will have to edit my details out later.

[DonkeyB]

When you were sent this, was it made clear it was a reconstituted agreement rather than an original?

 

There are some very strange clauses in the first document.

 

The right to cancel is the oddly-named right of withdrawal at clause 6, which seems to be the same thing. It sounds archaic. However, this clause itself causes them an issue, because it states that you receive a copy of the agreement with the credit card. The current T&Cs – see here – don’t say that. See clause 9:

 

https://www.bankofscotland.co.uk/creditcards/help-guidance/terms-and-conditions/

 

 

That’s a problem for them. You should receive the agreement at the point of signing, not when you get the card.

 

They also seem to think they can end the agreement instantly with you repaying instantly – that falls foul of the CCA under which the agreement is supposedly rendered. Odd. The agreement should continue at the proper terms until any amounts are paid off. Again, the current T&Cs don’t say this.

 

If that agreement is to fall foul of s61 of the CCA and be irredeemably unenforceable, you’d need to show why, ie. a missing or incorrect required term, wrong APR, etc. So the date you opened the account is important, and hope it’s pre-2007...

 

Did the card change from BOS to Halifax at some point? Same company, just wondered if the product changed.

[Poppay2]

When you were sent this, was it made clear it was a reconstituted agreement rather than an original?

 

There are some very strange clauses in the first document.

 

The right to cancel is the oddly-named right of withdrawal at clause 6, which seems to be the same thing. It sounds archaic. However, this clause itself causes them an issue, because it states that you receive a copy of the agreement with the credit card. The current T&Cs – see here – don’t say that. See clause 9:

 

https://www.bankofscotland.co.uk/creditcards/help-guidance/terms-and-conditions/

 

 

That’s a problem for them. You should receive the agreement at the point of signing, not when you get the card.

 

They also seem to think they can end the agreement instantly with you repaying instantly – that falls foul of the CCA under which the agreement is supposedly rendered. Odd. The agreement should continue at the proper terms until any amounts are paid off. Again, the current T&Cs don’t say this.

 

If that agreement is to fall foul of s61 of the CCA and be irredeemably unenforceable, you’d need to show why, ie. a missing or incorrect required term, wrong APR, etc. So the date you opened the account is important, and hope it’s pre-2007...

 

Did the card change from BOS to Halifax at some point? Same company, just wondered if the product changed.

 

Hi DonkeyB

No, the covering letter does not state that it is a reconstituted agreement at all.

It is going to take me some time to find everything I have on this account as I will have to access the loft,

and also go through everything at home.

Although come to think of it, I thought it was always through Halifax.

I do have T&Cs somewhere I will have to hunt high and low.

 

 

I just need to find something that shows when I did take this out. as that is proving a tad elusive at present.

I have a letter from Aqua Card Services dated 28 Sept 2010 that advises that the account has been closed.

 

 

letter has bit at the bottom that says that Aqua Credit cards are issued by Bank of Scotland. Halifax is the address of Aqua Card Services.

[Poppay2]

I have found one set of T&Cs that state that they are valid from Feb 2009 to Jan 2012, I have blacked out all personal info this time.

[DonkeyB]

Oh dear. That has a different rate of interest to the second one they have sent you. And it doesn’t match either the first or second agreement issued in response to the CCA request.

 

Where did this set of T&Cs come from?

[Poppay2]

Have now edited previous upload and have blanked out personal details.