An application form headed consumer credit agreement 1974 and signed can be a valid agreement...but it must contain "within the four corners of the agreement", the " prescribed terms", in my experience very few did from 1997

CL Finance arent interested in what they are allowed to do...they just do whatever they want to do!

It has been accepted that an application form that is marked as accepted is proof of an agreement> Can you elaborate on that please?

pgh is correct Lewis is the DCA, Cl Finance buy the alleged debt, Howard Cowen are the "solicitor", and the whole shabby outfit is owned by cattles, which itself is, or has already, gone down the drain due to fraud/greed/ illegal practices etc

I am absouletly 100% sure that the card in question I did not have.....but...the application copy they have sent me is in my writing and my signiture it is not the agreement for the card it is the approved application form?????? Thats the important part of all of this, a application form does not a consumer credit agreement make!, whwther signed or not, if it does not contain the "prescribed terms", which they didnt from that date

Obviously BC have sold the acc, and HC are pursuing it, personally i would ignore everything now until you get a court summons, and then go for it

Completely agree with bazooka in $7, robinson way are idiots anyway and easily dispatched, please dont worry

yes of course, i should have made that clear, sorry

I wouldnt try to do a deal with them, they will take your money, then pass the balance on to the next cretin down the slimey pole who will probably try to add on collection charges??

The point is 1. If enough people complain they (TS) may do something about it 2. The threat that you will complain may/should evoke some sort of half sensible reply from these t$$spot DCAs...hopefully

Also agree with electric, once you have acnowleged the debt in a letter, or made one payment the 6 year clock starts ticking again re: statute barred

They get full tax relief, so lose nothing, then sell to bottom feeders for around 7 percent of face value, so the original creditor has already made a profit, leaving the buyer of the alleged debt to recover this small fraction to break even

Just to help others always head this type of letter with I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT And refer to the matter as "aledged sum owed", or some such wording

I agree with dx, ignore them, and certainly dont answer any of their impertinent questions, its none of their business. Cabot would have paid lloyds less than £20 for this on the off chance they could fleece you for the money which you probably never owed in the first place

Hi, a few points which may help you....... Since the claim was brought in the Swindon County Court, a copy of the "agreement" should have been sent with the claim form, if not then this is a breach of process, and should form part of your defence. A application form is not a "consumer credit agreement" unless it contains the "prescribed terms" within its four corners and is correctly executed. A correctly formatted Default Notice must have been issued, and you must have failed to comply with the notice, and the aledged account must have been correctly terminated, before the creditor has a valid claim, All of the above are valid defences See my NW thread in the WON forum, and do read as much as you can Good luck

The question is do you a have a valid defence against any such action? (or do they perceive you may have?)

They will take whatever you offer then harrass you forever more

Come on mate Cabot would have to become a credit card company, ie. a huge bank...i dont think so , what we have here is a t..spot sponging leech type company feeding off the downfortune of the masses!!

In my experience Iqor dont buy the "debts", they just act for the OC in trying to collect My belief is that you are at the beginning of a long road of this being passed to various DCAs, none of which will ever produce any hard evidence If what they have sent you is unenforceable, then it is and always will be in a court of law Yes DCAs do lift sigs etc, and lots of other tricks

a default on your credit file is a completely different thing to a default notice, and no they are not likely to remove it if in fact you have defaulted on the agreement

an application to the court on form n244

Crap1/mbna never issued any enforceable agreements to my knowledge, if your going back 4/5 years or more, so you should be ok with them

Im in the same boat, maybe a little further advanced than you, i gave up wasting my time arguing with them long ago, and advise you to do the same, as others on here have already advised. As has been said, if they thought for a minute they had a winnable case against you, you would have been in court with this ages ago. The more you remonstrate with them, the more they will wind you up, The time to start playing seriously is when they issue a county court claim, or a stat demand, until then you are just beating yourself up for nothing

Ok, 1. Cabot are not the original creditor 2. Therefore Cabot have bought the credit card debt from the original creditor. If the original creditor has sold the alleged account to Cabot, then, it MUST have terminated the account in order to do so. To this end the original creditor MUST HAVE ISSUED TO YOU A DEFAULT NOTICE. This DN must have been issued in the correct way and conform to the regulations in the CCA 1974, to be effective. I hope this is now clear to everyone. So its no good (in these circumstances quoting goode, or anything else), either a DN was issued or it was not!

You MUST attend that hearing, they probably wont bother, if they do send a rep, he/she will have no evidence and ask for an adjournment, you should oppose this on the grounds they have absolutely no "cause for action" in that they have brought the matter before the court without the necessary paperwork to prove their case, this being an abuse of process. That said i dont know what access is, i presume a credit card, if so and without a signed agreement, itself containing all the "prescribed terms", they dont have a leg to stand on. There is a member on here called 42man who has extensive knowledge of the stat demand process, i hope he sees this, and advises you further.