Full and Final with Cabot

[basil010]

Hi thats great,

let them issue proceedings for the money then and then try and get theri interest. The basic idea of course is for them to make the amount as large as possible in order to frighten people into paying before it gets any bigger.

My personal feelings on an item like this would be to send them a letter stating that no payment at all was being made and that they should proceed with the issue of County Court Proceedings for the money they are claiming. Once and if they do this, put a defence in and on the Allocation Questionnaire request that the Court Order them to produce the docs. If they don't then you can apply to have their claim struck out on the grounds that they have behaved unreasonably. If this were to happen they would not then be able to re-issue proceedings.

Just another point for all to consider, if the debt has not been adjudged due by a Court then you can file a complaint under section 40 of the Administration of Justice Act (criminal) that states that it is a criminal offence to Intimidate, Harass or Embarrass anybody either by the manner in which a demand for payment is made or by the frequency of such demands. You also have similar rights under the Freedom from harassment Bill.

It works.

[andrew1]

This is interesting, I have just come across this Contracts (Rights of Third Parties)Act in an agreement from BOS, where it states Item 20. "The Contracts (Rights of Third Parties)Act 1999 shall not apply so as to entitle any third party to any rights or benefits under this agreement"

 

Does this mean the agreement DOES NOT entitle a thrid party to the benefits? ie: If the Account is sold to a DCA they cannot benefit or is it late and I'm confused?

 

 

Edit: It also states in Item 17: "We may assign any of our rights under this agreement to a third party without prior notice to you"

 

Sounds a little contradictory

[tbern123]

Edit: It also states in Item 17: "We may assign any of our rights under this agreement to a third party without prior notice to you"

 

Sounds a little contradictory

 

I think this term is unfair to say the least, as it imposes more rights on one party of the contract....

[basil010]

This is interesting, I have just come across this Contracts (Rights of Third Parties)Act in an agreement from BOS, where it states Item 20. "The Contracts (Rights of Third Parties)Act 1999 shall not apply so as to entitle any third party to any rights or benefits under this agreement"

 

Does this mean the agreement DOES NOT entitle a thrid party to the benefits? ie: If the Account is sold to a DCA they cannot benefit or is it late and I'm confused?

 

 

Edit: It also states in Item 17: "We may assign any of our rights under this agreement to a third party without prior notice to you"

 

Sounds a little contradictory

 

Your right it is confusing, one thing says yes and the other so No.

Interesting???????

[danmav]

We have had the following response from Barclaycard regarding the SAR.

 

Dear xxxxxxxx;

 

Data Protection Act 1998 - Subject Access Request

 

Further to your request for copies of your credit card statements, we are writing to let you know about two things; firstly to enclose part of the information you have requested and secondly; to explain the position with regard to the other statements you asked for.

 

Enclosed you will find copies of your credit card statements from June 2004 to the present time. These statements are stored on computer. We will be sending your statements prior to this date later. These later statements are stored on microfilm (rather than computer) and take more time to search and reproduce. We will get this information to you as soon as we can. This is likely to be within the next 6 weeks or so. Conveniently the statements they have provided since June 2004 show no default charges being added to the account, only interest.

 

Statement requests are being processed in the order in which they have been received to seek to ensure fairness. The Data Protection Regulator, the Information Commisioner, has been made of the position and knows that we are writing to you in these terms. The Information Commisioner is also aware that whilst we are endeavouring to supply this information as wuickly as we can, we do not consider that the microlfim statements fall within the scope of the Data Protection Act 1998. Nevertheless, we are happy to provide these as a gesture of goodwill. Hmmm I thought they HAD to supply all statements for the past 6 years within the time limit, Barclaycard obviously think otherwise!

 

This information from June 2004 is complete in relation to your account at the time this information was drawn from it.

 

Yours sincerely

 

xxxxxx

 

All thoughts on this letter and any tips on what action to take next are welcome.

 

Oh yeah still no CCA supplied from Cabot and way outside the time limits!