cabot/argos cca is this right?????

[hallett2007]

received this today after two months, with statements of the said account and a leaflet with terms and conditions

[42man]

You might be interested in this thread, although the picture the original poster put up was I think pretty much the same as yours, and not enforceable...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/122442-credit-agreement.html#post1264196

[42man]

Thank you for your response to my request under the Consumer Credit Act section 78.

 

I am pleased to see that you confirm this as a true copy of the original agreement executed by yourselves on the 26th July 2007.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

 

You had until (date here) to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, make any further charges to the account or pass the account to anybody else. I would also like to note that as from the (12+2 working days + 30 calendar days) it becomes a criminal offence.

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

[hallett2007]

i have two posts for some reason. Anyway.

 

I only applyed for a cca to see if they had any signed documentation as i didnt apply for this account it was my ex-wife (after we divorced).

 

Should i still fight the cca or is there another path to take with regards to identity theft i have reported to the police and they gave me and handling number which i wrote to cabot with and told them they need to report it as a crime.

 

I was gathering info such a cca to build up a case incase it should end up being in court.

[42man]

Has somebody falsified your name on the CCA ? or is it in your wife's name ?...

[42man]

If it isn't yours then write back to them saying that this is your ex-wife and give them her address (or not)

[hallett2007]

She took it out from what i can gather through various phone calls to Argos over the phone and then they send the form for them to sign.

 

She or they (her and her boyfriend) took it out in my name, and have forged my signature.

 

thing is no-one believes me or just dont care and say its my debt.

[dpick]

She took it out from what i can gather through various phone calls to Argos over the phone and then they send the form for them to sign.

 

She or they (her and her boyfriend) took it out in my name, and have forged my signature.

 

thing is no-one believes me or just dont care and say its my debt.

 

Hi you have a crime number write to both Cabrot and Argos and tell them this is not your debt and if they take you to court they will have to prove that the signature on the agreement is yours.

 

dpick:)

[hallett2007]

the police gave me a handling number which they said i needed to give to cabot and then they should report it as a crime.

 

i have done this but will do it again, and also send it to argos. last time i spoke with argos they said basically not there problem as its passed to cabot.

 

Do you think i shouldnt challenge the cca anymore?

[42man]

No leave the CCA....if you have a crime number that should be sufficient...keep us posted though...

[42man]

It would be interesting to see if the card was ever used in store !! then they may have CCTV footage of your ex/her boyfirend using it !! You could request the statements too by means of a SAR and see if the dates tie up with your movements....

[42man]

It might be also worth writing to Cabot to confirm the crime number/handling number that was given to you, and also state that you do not expect to hear from them again (give them your ex's address) If you have to write to them again you will charge them £30 admin cost for each letter...

[42man]

I'm slightly confused as you state in some of your other threads that you are a single mum ??? and yet above you say your ex-wife ??? seems very strange !!!

[42man]

This is what you stated in an earlier thread ???

 

"This is a bit of a weird one im afraid. Its my husband

 

Back in 2007 he had a letter from Cabot trying to recover £341.59 from a storecard in his name. He has never had a storecard, credit card or anything like that. He phoned them it was for Argos and it was taken out at a southampton address, we live about 50miles away.

 

After some thinking and searching the address where the card was taken out was my husbands ex-wifes address, we know that her new patner was in prison for credit card fraud. He phoned the police and reported it as identy theft and then told cabot who said that it would be fine and took the crime reference number.

 

Today my husband has received a letter from carbot about him repaying the £341.58. When he said he had reported it as identity theft and that they said it was alright, they basically told him he could be making it up and he has to prove that he didnt live at that address. He only has bank statement from the month and year they are asking for at the address he lived at due to the fact that he lived with his dad and all the bills where in his name.

 

What sort of action should we take i told him we should request the cca as its not his signature on it.

 

Any help is appreciated."

[hallett2007]

no we confused everyone. When we first came to the boards it was my now 2nd wife who was dealing with it for me but people got confussed with the wife thing.

 

So i just post myself now.

 

the debt was taken out by my ex-wife and her partner we divorced in 2003 and this debt is 2004. I know it was them as its there address.