Cabot and store card cca return

[me_n_my_kids]

Hi there

 

i wondered if someone would mind helping me? a year ago i came on this site at least once a day and cant even come close to putting a value on the help received.

 

In December 2006 i sent a CCA request to Cabot with regards to a store card. no reply. Until the post came YESTERDAY with a photocopy of an application form. I need to double check actual dates, but their deadline ran out mid January, LAST YEAR.

 

Could anyone advise me of the next thing to do please? Sooooo confused!!!

 

Thank you

[Lula]

well, after so long nthe debt becomes unenforcable , but since they have finally sent you one, can you scan it and post it on here so that we can check to see if it is enforcable or not.

[Curlyben]

Could you possibly scan and post this "agreement" here so we can check it's legality.

Please remember to remove your personal details.

[me_n_my_kids]

hey thanks for the replies - i dont have a scanner, but i can give u details of everything on it?

 

personal details - name, sex, DOB, nationality, password. anual income. phone number previous address, time at present address. bank account number and sort code.

 

small box at bottom - it DOES say Credit agreement regulated by the CCA 1974, but only 4 lines of legal stuff then a signature. no signature from the company. there is an authorised signature box, but its empty.

 

thats it :s

[Curlyben]

A digital camera works just as well as a scanner.

Give that a try.

 

Doesn't sound that good for Cabot from what you've said.

[me_n_my_kids]

sorry i feel like a right pain in the ass - but i dont have a lead for my camera to put pics onto the computer, something i have been meaning to deal with for a while but not got round to it... apologies

[Curlyben]

OK no problems.

Now to be enforceable the "agreement" MUST have the prescribed terms.

 

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

 

 

Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

[me_n_my_kids]

brilliant, thanks so much for that - is there maybe a letter in library do you know that might help with my reply to them? or just basically let them know the above?

[Curlyben]

Let us know exactly what is missing on your "agreement" and we'll go from there.

[me_n_my_kids]

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8. --- no

 

* credit limit – see Q8.5 ---no

* repayments – see Q8.9. ---no

* rate of interest – see Q8.6 ---no

there we go lol .... that little box basicaly goes over right to cancel, saying u have read the T&C, how we use your information, and your right to see the information held.

[Curlyben]

Oh dear what a shame

 

Right then did Cabot say anything in the letter with the application ?

I would be inclined to ignore them for the moment until they come back with further demands for payment.

[me_n_my_kids]

they said they have now complied, which now means they can continue to pursue for payment. in one way it made me pee myself laughing at the length of time it took them to provide the agreement lol... on the other hand i was so angry they didnt apologise or anything, like they have done nothing wrong - they are DC's... what was a really expecting

[Curlyben]

Yeah a typical nastygram template.

I'd wait and see if they have anything else to say.

They don't have a leg to stand on.

Gives us a shout IF they write again.