Jump to content


gprit

Cabot Subject Access Request (SAR)

style="text-align:center;"> Please note that this topic has not had any new posts for the last 738 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Thank you for that. It seems to me that under s 13.1.4 they can send me practically any old agreement template.....signed or not....

"1) The copy of the executed agreement should be a 'true copy' of the original. However, as confirmed in the case of Carey v HSBC Bank plc[2009] EWHC 3417 (QB), in this context the term 'true copy' does not necessarily mean a carbon, photocopy, microfiche copy or other exact copy of the signed agreement. There is no obligation to provide a copy which includes a copy of the signature.

2) The firm can reconstitute a copy. It can do this by re-populating a template of the relevant agreement form with the details of the specific agreement taken from its records. If the firm does provide a reconstituted copy, it should explain that that is what it has done, to avoid misleading the customer that this is a contemporaneous copy. "

 

 

Only in complying with a section 78 request...they need the original for enforcement purposes as your agreement is pre April 2007


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Thansk for the quick response. Will await and see what they send for other cc debts.

Still unclear whether the fact that the LH side of p3 of Halifax agreement is missing means the documenet is invalid.unenforceable.

Share this post


Link to post
Share on other sites

A s78 request is basically a request for information

 

and provided it is a true copy of the agreement plus t&cs at closure and a simple statement of account then that satisfies a s78 request

 

However in your case bearing in mind being retired, no assets and moving abroad

 

I cannot see Cabot bothering to pursue , not worth the time and unrecoverable costs


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

Share this post


Link to post
Share on other sites

ok....I have now had a CD with SAR information for all debts witht them. I am atttaching the Halifax (IF) agreement as shown in the SAR....p3 is a little more readable than the previous copy sent. Cabot say they believe it is enforceable.

So.....

1) this is a copy (not original) which is not certified as a true copy of the original.......so is that valid?

2) The agreement is not signed by Halifax (Intelligent Finance)...is that a reason for it being unenforceable?

3) I am still not sure of the situation pre 2007 (as the agreemewnt was in 2005)

 

thanks

Share this post


Link to post
Share on other sites

sorry but page 2 is NOT the reverse of page one

[but page I states so]

 

 

is that from cabot or the sar you got?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

That is exactly as I got it from the SAR request to Cabot.

They say it is enforceable.

Share this post


Link to post
Share on other sites

you mean CCA request?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

And page 3 is not part of page 1 or 2 either...its reconstituted.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

How can one tell it is reconstituted??? What should the approach to Cabot be, as they say it is valid and enforceable?

 

This uploaded agreement was part of the SAR from CAbot. The original upload (with p3 lH side misisng even more) was via a CCA request separately.

Share this post


Link to post
Share on other sites

Just down to experience...but look at the type face and fonts...dead give away that its 3 separate documents mashed together.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

see what you mean...what is the best way to approach Cabot about this?

Share this post


Link to post
Share on other sites

No need to approach at all...we come back to your initial post...whether to continue to pay or not..with the full knowledge that they do not hold a legally compliant copy of the agreement.

 

The decision to continue to pay or not is yours


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Original attachment is now gone. Many thanks for re-posting.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Share this post


Link to post
Share on other sites

When they sent the hard copy of CCA to me p2 (as the reverse of p1) was blank.....not sure if this is significent.

ok.....so legally, because the fonts are different on p1/p2 and p1 refers to page 3 (pages not actually numbered) it is unenforceable?

COuld I just ask whether the fact that Halifax did not sign the agreement is usual or does that also make it an invalid agreement/contract?

Share this post


Link to post
Share on other sites

Its stamped? so as good as a SIG?

 

But anyway

Its bogroll

Ignore stop paying

 

Do nothing until/unless they issue a claimform


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

No...not even stamped.....if I stopped payment and they DID issue a claimform, given all the above, is it likely they would succeeed? Or would their claim be refused due to the cc comments above?

Share this post


Link to post
Share on other sites

You will be asking us for next week lottery numbers next :-D


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

yeah well, it's a big step to simply stop paying if I am not 100% confident they cannot obtain judgement against me.....!

Share this post


Link to post
Share on other sites

Nobody can give you a 100% guarantee what may happen ..whether they issue a claim ..whether you win or lose...unfortunately we can only go off past experience by creditor/DCA and claims issued and how they concluded.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Appreciate that - I am going to wait and see what (if any) response I get to CCA's for other debts with them......40 days up end of this month as they said they would ahve to contact original lenders......mmmm

Share this post


Link to post
Share on other sites

yours is pre 2007 ...

they might be able to comply with a recon for the act itself

but I doubt if that would be considered enforceable in a court of law...


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Lots of problems for DCA relying on Reconstituted agreement pre 2007, one of the main ones would be that they haven't got the T & C's forming part of the agreement to put in the recon, so contract very different from what was signed up to.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...