Unlike a lot of folk who post their court claim particulars on this site, I am one of the 'unlucky' ones in which Cabot have produced some paperwork on the back of a CCA request.
Bearing in mind these are credit card accounts opened in 2006 I am in the process of compiling my defense. I could just roll over and agree a repayment plan and avoid all this stress, however I am rather stubborn, HATE bullies and most of all would rather sleep with the devil than give Cabot a penny unless I am forced to by the courts. Lets say a reputation is easily made but difficult to break and Cabot have a VERY long way to go before they convince the likes of myself that they are a 'reputable' business.
I have had an a lot of support already with regard to this court case, but I am hoping to just get a few ticks (or crosses) on my defense I am about to put forward.
Under section 61 (1) of the Consumer Credit Act it clearly defines what constitutes a properly executed agreement:
- Be headed appropriately ie. Credit Agreement regulated by the Consumer Credit Act 1974
- Contain the name and address of both parties (debtor and creditor) within the body of the document
- Credit limit (not just examples of such)
- Total charge for credit rate of interest (not just examples of such)
- APR (not just examples of such)
- Have a signature box with signature and date, however if applied online from January 2005 onwards a tick box would fulfil the roll of signature
The sections above printed in bold are the points I will be challenging. ie. the CCA sent to me has no reference to anyone except the Creditor and only gives examples of various APR's and interest.
A reconstituted agreement is acceptable however it should have all of the following:
- The creditors name and address at inception
- The T & C's as at inception and closure of the account
- Any material amendments to the T & C's during the life of the agreement
- Any other documents mentioned in the T & C's.
What section of the Act can I quote with regard to the last four points above?
I also have never received a Default Notice or Notice of Assignment. Do Cabot have an obligation to supply that information to me when asked (several times in my case) ?
For one of the accounts in question I actually received a cheque for the refund of charges after we stopped using the account and that would not have happened if we had an outstanding balance with the original creditor.
Bearing in mind these are credit card accounts opened in 2006 I am in the process of compiling my defense. I could just roll over and agree a repayment plan and avoid all this stress, however I am rather stubborn, HATE bullies and most of all would rather sleep with the devil than give Cabot a penny unless I am forced to by the courts. Lets say a reputation is easily made but difficult to break and Cabot have a VERY long way to go before they convince the likes of myself that they are a 'reputable' business.
I have had an a lot of support already with regard to this court case, but I am hoping to just get a few ticks (or crosses) on my defense I am about to put forward.
Under section 61 (1) of the Consumer Credit Act it clearly defines what constitutes a properly executed agreement:
- Be headed appropriately ie. Credit Agreement regulated by the Consumer Credit Act 1974
- Contain the name and address of both parties (debtor and creditor) within the body of the document
- Credit limit (not just examples of such)
- Total charge for credit rate of interest (not just examples of such)
- APR (not just examples of such)
- Have a signature box with signature and date, however if applied online from January 2005 onwards a tick box would fulfil the roll of signature
The sections above printed in bold are the points I will be challenging. ie. the CCA sent to me has no reference to anyone except the Creditor and only gives examples of various APR's and interest.
A reconstituted agreement is acceptable however it should have all of the following:
- The creditors name and address at inception
- The T & C's as at inception and closure of the account
- Any material amendments to the T & C's during the life of the agreement
- Any other documents mentioned in the T & C's.
What section of the Act can I quote with regard to the last four points above?
I also have never received a Default Notice or Notice of Assignment. Do Cabot have an obligation to supply that information to me when asked (several times in my case) ?
For one of the accounts in question I actually received a cheque for the refund of charges after we stopped using the account and that would not have happened if we had an outstanding balance with the original creditor.
Court case this week against Cabot
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