Vampyra -vs- The Tweenies.

[Curlyben]

Time to talk to TS about 1st Credit and set TS on them

 

Give TS a call and then give me a shout.

[Vampyra]

Ok Cb!

[babybear39]

Yup I reported 1st credit, BCW and mackenzie hall to Trading Standards last week, and don't it feel great

[diskmandave]

Looks like everything's moving along nicely here then!

[Finlay07]

Join the gang. I reported 1st Credit to the FoS. McKenzie Hall will be next if I don't get a reply from them.

 

Must be hell of a pile of complaints building up at the various TS, OFT and FoS offices!

 

Good Luck Vampyra

[Vampyra]

My letter answered and application form was returned by Cabot today. See as below.

 

 

 

 

This is the "CA" Application Form - notice the wording at the top left saying "Barclaycard Student Application" and the wording bottom right saying "IMPORTANT The above section must be signed for your application to be considered". Plainly this application form is virtually illegible in parts. It is NOT a CA and does not provide an APR, Credit Limit and repayment schedules.

 

 

 

I have no idea what this is for and what it is supposed to prove - and no it's not my signature I never saw this piece of paper.

 

 

 

This is a "new" addition to their little bundle of papers. Contrary to their letter, this is the first time they have sent me this.

 

I am gonna send one more letter to Cabot stating it all very clearly as they feel they only have to supply one if they have one which they have stated in as many words they haven't but believe if they don't they can still enforce an alleged debt!

[babybear39]

Go for them girl

 

We're all here for you *hugs*

 

BB

[Vampyra]

They have stated quite clearly that "although the original copy may not be available to Cabot via Barclaycard, Baclaycard have supplied Cabot with a copy of the original which has been enclosed and previously supplied and satisfies all requirements".

 

So, now my question is, what is the legal difference between an original copy and a copy of the original?

[rory32]

An original copy is the original document. A copy of the original is just that, a copy (such as a photocopy).

[Vampyra]

OK Rory thanks, but it's still an application form isn't it? And almost illegible and without the prescribed terms, I fancy.

 

So next move, anyone?

[dannyboy660]

Cabot, according to a paragraph there are "reliant on Barclaycard to supply information.." etc etc

 

So at what point did Cabot get your agreement or permission to process your data, or even demand payment from you in respect of this debt to Barclaycard??

 

A Data Protection Act approach perhaps??

[Vampyra]

Well, any ideas? Comments? Something?

[Vampyra]

Well this isn't a CA is it? No prescribed terms and I would gather unenforcable - but I'm not going to write endless letters to them about it. How can they, when I quoted the prescribed terms and laws of the act in my letter, sit back hand me an application form and say that is good enough?

 

They are so thick!

*is angry with Cabot now*

[Curlyben]

Time to give TS a call and ask their professional opinion on the matter.

[babybear39]

Personally, and I'm no expert, but I think they're talking out their ar***

 

I agree with CB, TS ASAP

 

*hugs*

 

BB

[dannyboy660]

Highly likely TS will just tell you to pay and be done with it.

 

In that position, I would be tempted to see if they are prepared to take the risk of taking you to court. This CCA (if it is one) doesn't appear to be enforceable, and I think they know it.

 

What have you got to lose?? If in the unlikely event they do take you to court and win, you get a CCJ and told to pay what you can afford and Cabot are out of hair.

 

It's a gamble.

[Vampyra]

And all for under £500! Hardly worth their time really.

 

Surely it will cost them far more than that to go to court?

 

They are truely pathetic it would appear!

[babybear39]

Yup!

 

Same as the rest

[dannyboy660]

I have a feeling they'll let it go, because it's probably just not worth the time and expense now they know you're going to put up a fight.

 

I will be very surprised if they pursue it, but like you say, they are pathetic.