From Monument to.......Cabot

[cymruambyth]

But I have a DN from the OC that is definately not compliant; not enough time, lots of charges and wrong format. And they terminated!

[citizenB]

But I have a DN from the OC that is definately not compliant; not enough time, lots of charges and wrong format. And they terminated!

 

 

Whis is why they would hope to rely on a computer print out saying "see here m'lud" we did send one".

 

However, the point is they may well have sent one and we know they did.. but their computer does not show that there were discrepancies.. does it

[sir fussalot]

cymruambyth

 

Be prepared as said, they know what the D.N. SHOULD be. and they know if there on a sticky wicket. so to gloss over it would be a tactic to get it out of the way.

 

My current case, (Cabrot & Morgans sols), when I pointed out to Morgans about no D.N. they said the same.... Not required, NOR was the O.C, required to send one.

 

YET, on the application form that they say is my "Agreement"; it clearly say's sign only if you want to be bound by the CCA1974.

 

So you must make the IMPORTANT point of the D.N. not being complied with...

 

sir fussalot

[foolishgirl]

The point is that if the account has been absolutely assigned, the agreement has been terminated. Your agreement is not with Cabot or any other DCA that wants to claim it, it's with the OC & the OC cannot assign it (with all the rights & duties etc!!) unless it has been terminated. Now they have a choice, either

(a) the account is in default & they send a DN under S87 & then terminate or

(b) the account is not in default but they just feel like terminating anyway in which case they have to give you notice

 

The arrears argument only comes into play when they've issued a DN (i.e.arrears at date of DN) or when it's been terminated & if it's been terminated, it has to done as above.

 

They can't have their cake & eat it although they would like to confuse you (& any gullible DJ ) into thinking they can.

[BeauBrummie]

Cyruambyth,

 

Just a little bit more from my case,

 

Have you got the (said original T&C's from providian) if so look at para 19---this is what Cabot said I needed to accept as acceptance of the agreement---ie no other paperwork was required!!!! Guess what DJ accepted this too "what other paperwork was I supposed to have?" she said almost sarcastically

 

Beau

Edited January 26, 2010 by BeauBrummie

[cymruambyth]

Thank you everyone for your advice.

I WILL have a considerable amount of information on DNs in TRIPLICATE!!!!!

I will also have the relevant bits from Manchester and on agreements

[foolishgirl]

Guess what DJ accepted this too "what other paperwork was I supposed to have?" she said almost sarcastically

 

 

Maybe a bit of loo paper??

 

Where do they get this judiciary from? Bet Cabot sols. were laughing all the way out of the courtroom. S'pose it would be stupid to ask if you're appealing Beau :-|

[cymruambyth]

Another minor point........... t&cs still don't appear to be quite right:eek: They are stamped early 2002, reply card dated 2001:confused:

Charges shown aren't the same as those on statments!

Statements start part way through with a balance.

Eaglemoss payment plan features, am I right that I don't claim for that as well as disputing the CCA?

[foolishgirl]

Another minor point........... t&cs still don't appear to be quite right:eek: They are stamped early 2002, reply card dated 2001:confused:

 

T&Cs have to be those applicable at the time or ow would you know what you signed up to? And if they try to claim that the prescribed terms were in the T&Cs, it would therefore be impossible for them to fall fall within the '4 corners' rule of the agreement wouldn't it?

Charges shown aren't the same as those on statments!

Statements start part way through with a balance.

 

Throw them into the bundle & draw attention to the inaccuracies at the hearing. How can the sum claimed be accurate if their records don't even agree with your statements?

 

Eaglemoss payment plan features, am I right that I don't claim for that as well as disputing the CCA?

 

Eaglemoss? Where did that come from?

 

FG

[cymruambyth]

I was phoned and offer a one payment 'payment break plan' that carried on after I went onto reduced payments. I have never had any paperwork for this, but have ignored it as I didn't think you could claim PPI for an account that has no valid paperwork.

[Hadituptohere]

Hi cym

 

Doesnt that open a different can of worms??? mis sold ppi ??

 

Hadituptohere

[foolishgirl]

I was phoned and offer a one payment 'payment break plan' that carried on after I went onto reduced payments. I have never had any paperwork for this, but have ignored it as I didn't think you could claim PPI for an account that has no valid paperwork.

 

I would have thought if you had proof you paid the premium with no paperwork completed or sent to you, you would have all the more reason to claim missold PPI!

 

Was it a one off premium & did you claim on it at all eg. while you were on reduced payments?

 

Whilst now may not be the time to reclaim it, it would make a difference to the sum stated on any DN & therefore make it defective.

 

Again, shove it in the bundle. If it's there at least you can refer to it in court if necessary even if you can't reclaim it with the current defence.

[cymruambyth]

Nothing has ever been claimed. definately no paperwork. It is included in the DN amount.

Didn't claim it after joining CAG because I thought you couldn't dispute PPI whilst contesting CCA.

[foolishgirl]

The accepted view is that if you are refunded the PPI (or unlawful charges), it will just be set against against your debt by the creditor (i.e. you won't get the cash in hand) so if you are successful in proving your debt unenforceable you don't have to repay the balance (which had you put in a claim for PPI, charges etc.) would be reduced by that amount anyway. IOW you can't have your cake & eat it.

 

However that doesn't prevent you using the PPI/charges issues to prove the DN was defective because the sum stated was inaccurate & therefore the account was terminated unlawfully.

[sir fussalot]

cymruambyth

 

Sorry to but in. But,

 

If the D.N. claims a total amount due that includes "unlawfull" overlimit and late payment charges,

 

Does that render the D.N. inacurate therefore, unlawful rescission or termination of the account.

 

sorry but I cant remember "Vint" (the D.N. Expert) or his name to hand.

 

sir fussalot.

[citizenB]

Nothing has ever been claimed. definately no paperwork. It is included in the DN amount.

Didn't claim it after joining CAG because I thought you couldn't dispute PPI whilst contesting CCA.

 

You certainly can.. I wish I'd known about this earlier (or did I)

 

Didnt MBNA lose a case because of mis sold PPI

 

Judge quashes woman's £8,000 credit card debt in 'landmark ruling' on mis-selling of payment protection insurance | Mail Online

[foolishgirl]

 

Didnt MBNA lose a case because of mis sold PPI

 

Judge quashes woman's £8,000 credit card debt in 'landmark ruling' on mis-selling of payment protection insurance | Mail Online

 

Just to clarify the above as the headline is misleading in usual press fashion.

 

The defendant had actually ticked 'no' to PPI yet MBNA had carried on charging it on a monthly basis. That is slightly different from the arguments currently being put forward on CAG & elsewhere as to missold PPI where the card holder has ticked 'yes' but has not been fully informed of the t&cs, their eligibility to claim etc.

[citizenB]

Aha, thanks for clarifying that FG. I did think it was too easy

[cymruambyth]

Just reading through paperwork again.

I have a page showing package id; price 0.10; cost (10%) of balance and the purchase date!

[foolishgirl]

Just reading through paperwork again.

I have a page showing package id; price 0.10; cost (10%) of balance and the purchase date!

 

Think this probably relates to the DOA details.

[cymruambyth]

I agree and also think that it should relate to the amount that they are claiming, not their fantasy figure:p

[cymruambyth]

Looking through everything again.....

I'm sure I've seen arguments somewhere about assignment!

Paperwork shows sale to Cabot Financial UK Ltd, the buyer, then buyer's services means Cabot Financial Europe Ltd.

Does this matter, different company numbers, but same address

[cymruambyth]

Pre trial check list.

I just complete N170.

Do I need to list all my documents anywhere?

If I don't consider all directions have been complied with i ask for directions for this?

Thank you

[Hadituptohere]

Hi cymruambyth

 

Have a look here regarding post 397...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

tbern has had many battles with cabot and im sure with success, check his threads to make you head spin even more than it already is...

 

hadituptohere

[foolishgirl]

Looking through everything again.....

I'm sure I've seen arguments somewhere about assignment!

Paperwork shows sale to Cabot Financial UK Ltd, the buyer, then buyer's services means Cabot Financial Europe Ltd.

Does this matter, different company numbers, but same address

 

Which name is on the POC? They have to issue in the name of the company that the debt was assigned to.

 

I don't see how CF UK Ltd can possibly be the same company as CF Europe Ltd but you can double check on the companies house register.