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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

catquest

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Everything posted by catquest

  1. catquest
    Sorry to chip in , this is potentially the most interesting case on CAG for a long while if the SB issue comes to trial, although I suspect they may fall on the s78 issue as Barclays are notorious for not finding documents. I have some old Barclaycard terms and conditions and they clearly state that legal action will only be taken after the statutory process has been completed and I'm afraid that means BMW v Hart may come into play.
  2. catquest
    From what you say earlier there may have been a Tomlin order
  3. catquest
    There is nothing in the limitation act which refers to their statement about termination. Some card companies, like Barclaycard send several default notices and only terminate much later. The cause of action is 14 days after the default notice was issued , or even when a payment was missed if the terms and conditions stated that the balance is payable in full on a breach as was eg the case with old MBNA T&Cs.
  4. catquest
    They use Equifax and Experian. The best way is to fill in the Barclays online Subject Access Request form which you can easily google. There are reports that they don't even ask for £ 10 and you will get it within 40 days. Asking for SAR is not an acknowledgement of the debt.
  5. catquest
    Unlikely you can "talk" to them about it but Barclaycard seem to be prompt with SAR requests using their online form. You may find that Mercers issued multiple default notices well before the date of default on the credit file.
  6. catquest
    The reason for the higher debt is Barclays are notorious for refusing to default accounts and instead rack up interest and charges
  7. catquest
    re your letter of 18 Jan 2010 see Good v Parry ( 1963 ) : Lord Denning said asking for an account is not an acknowledgement of the debt
  8. catquest
    Unfortunately the 6 years ends with the date of issue of the court papers. However, simply asking for a statement of account is not necessarily an acknowledgement of the debt
  9. catquest
    I can't understand the obsession on CAG about not providing a signature. Do you think a firm like Restons would forge your signature onto a document ?
  10. catquest
    The date of default shown on the credit file is likely to be later than the last payment, it is only recorded once you have failed to pay after the default notice is issued. It is well worth asking for CCA from Cabot asap, pointing out that the 12 days allowed is of the essence . If you don't receive it in the time allowed you can then defend on the grounds that CCA was not received and also plead statute barred . In the meantime just acknowledge the claim, with the intention to defend. Was there no letter before action ?
  11. catquest
    If it's Restons you won't have much luck with the CPR request for a small claim.
  12. catquest
    Acknowledge the claim as instructed on the form and then prepare your defence. As Cabot is a new creditor you MUST immediately ask for another CCA from Cabot based on section 77/78 pointing out that time is of the essence ( 12 days rule ) due to having to file defence ( enclose £1 payment )
  13. catquest
    https://www.gov.uk/government/consultations/implementation-of-the-eu-payments-accounts-directive/implementation-of-the-eu-payment-accounts-directive
  14. catquest
    Does anyone know when the European directive entitling everyone in the EU to have a bank account becomes law in the UK ? Will it mean the end to banks asking a customer to close an account and go elsewhere ?
  15. catquest
    It depends if the overdraft was agreed and its review date. If the overdraft was not agreed then the cause of action ( statute barred ) runs from the day the bank could have asked for the overdraft to be repaid.
  16. catquest
    In my experience Experian are far too generous with their ratings. The reason seems to be that they disregard older defaulted accounts. The same report from Noddle would be 1/5
  17. catquest
    Cabot have changed their entries on Equifax from Cabot UK to Cabot Europe in the last few days
  18. catquest
    I don't think a section 78 request is possible under a mobile contract
  19. catquest
    Not sure why you didn't mention the Statute Barred issue. That will be your defence.
  20. catquest
    Agree that you should send a letter to 1st credit that you don't recognise this debt and ask for CCA for clarification. 1st credit are normally very good at giving up when something is challenged, they won't write again except to say they can't provide the documents.
  21. catquest
    You are supposed to have a 7 day warning letter since April last year. That's the letter which costs £ 75
  22. catquest
    I have evidence that Experian provided personal details ( not shown in a normal credit report ) about a bank loan to a DCA who had nothing to do with that particular loan.
  23. catquest
    Ignoring a letter before action is a breach of pre-action protocol and can lead to disadvantages later on, for instance if the other side claim costs as you didn't point out that it was SB
  24. catquest
    There was the curious case of Egg Card in February 2009 when they "ended" many agreements even though there was no default, ie they didn't allow the use of the card any longer but it wasn't termination.
  25. catquest
    No they didn't. Selling a debt does not mean the agreement is terminated.

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