VOLVO v CABOT (Bank One) Help needed, Court Claim received **DISCONTINUED**

[volvo]

Hi again GH

 

They quoted the full balances outstanding and suggested i contact them to arrange a repayment plan.

 

VOLVO

[volvo]

Hi

 

Does anyone know the Barclaycard Visa Card interest rate that applied in 2nd June 1995?

 

Cabot have supplied a copy of Terms & Conditions undated, which they have stated are those that applied at the time of my opening the Barclaycard account. The rates on the T&C's supplied state 1.65% per month resulting in APR 21.6% for Purchases ans APR23.5% for Cash Advances.

 

As i say, the terms are undated, so how can i link these to the application form they have supplied as the 'agreement'.

 

Here is what they sent :-

 

 

Thanks

 

VOLVO

[gh2008]

they look as though they could well be ...

 

but is there any reference to them in your agreement .....

 

they normally say T&Cs overleaf and those certainly wouldn't fit overleaf on the application form/agreements that I have from BC from around that time.

[citizenB]

Volvo, are there any default charges information listed in that set of T&cs ? That should give a pretty good indication of when they were produced.

[gh2008]

Have you looked into the Assignments at all?

 

I firmly believe the assignments are not absolute and they only 'buy' the rights' and not the duties.

 

AFAIK this means that the creditor remains BC and therefore they should be joined in any action by Cabot

 

JMHO

[gh2008]

The T&C's look identical to ones I have from '94 other than slight change in interest rates and the telephone number change of April '95

[citizenB]

I think the main point gh is as you already pointed out, those t&cs could not possibly have been on the back of anything

 

Wasnt it Alphageek who pointed out something similar to a Judge !

[volvo]

Volvo, are there any default charges information listed in that set of T&cs ? That should give a pretty good indication of when they were produced.

 

Hi Citizen

 

No, there are no Default charges mentioned at all in these T&C's

 

VOLVO

[volvo]

Hi everyone

 

Can some expert advise if the Barclaycard Default Notice is defective or not bearing in mind it was issued in 2000.

 

If it is defective, please tell me how and why, please.

 

Many Thanks

VOLVO

 

Here are the Barclaycard credit card default notices and welcome letters etc as requested. (will post the Bank One notices soon)

 

 

 

 

 

 

 

 

 

 

VOLVO

[foolishgirl]

Westcots doc is not a DN, it's a formal demand - it says so quite clearly at the top of the notice & refers to a previous DN.

 

IMO the DN issued by Mercers does not seem to comply with Regs in format & in order to prove their case based on this DN they would have to also produce pop & proof that you had not rectified the account at any time since 2000.

[volvo]

Thanks FG

 

The default notice for barclaycard was issued by mercers, their in house collection agent, it is at the bottom of the attachment

 

Thanks

 

VOLVO

[gh2008]

ok, thinking out loud ....

are there any charges applied to the account? - normally I would dismiss them as being irrelevant wrt the DN HOWEVER your CCA does not include the charges therefore they cannot make them ........ and therefore they knew they cannot charge them and therefore if they are included in the DN figure and are a significant part of teh DN figure the DN*could* be deemed faulty

 

Next thing is to look at s.88

88 Contents and effect of default notice

 

(1) The default notice must be in the prescribed form and specify—

 

(a) the nature of the alleged breach;

 

(b) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;

 

© if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.

 

Now I think they have just about satisfied a-c BUT you then need to check the 'prescribed form' which it MUST conform to in order to be valid. Note MUST not should.

 

So, check out Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561)

 

You will notice straight away that there is no provision for the notice to be sent by 'an agent' (and the wording of Mercer's doc does not lead you to believe they are part of BC - in fact quite the opposite)

 

You will also find numerous other errors and omissions

 

good luck

 

Oh BTW still look into the assignment issue - Cabot have *not* bought it 'lock, stock and barrel' they have only bought the 'rights' or the 'future receivables'

I don't know whether Donkey & VJ are still around, but they were looking into it at one time. When I get some time i will do as I have a 'personal interest' in it myself although in my case Cabot are keeping very quiet .....

[pt2537]

oooh lordy the notice of assignment assigns the debt to who?

 

[gh2008]

- yes, ambiguous would be a kind description - misleading would be a truthfull one.

 

and the notice from BC Cabot have signed it as being from BC - now I know they are permitted to use their letterhead, but are they allowed to use someone else's signature without a pp or anything??

 

and Pt, what are your thoughts re the lake of absolute/lawful assignment on these accounts, then taking action in their own name?

[volvo]

oooh lordy the notice of assignment assigns the debt to who?

 

 

Yes PT

 

I see what you mean, "Group"

 

Thanks

 

VOLVO

[volvo]

- yes, ambiguous would be a kind description - misleading would be a truthfull one.

 

and the notice from BC Cabot have signed it as being from BC - now I know they are permitted to use their letterhead, but are they allowed to use someone else's signature without a pp or anything??

 

and Pt, what are your thoughts re the lake of absolute/lawful assignment on these accounts, then taking action in their own name?

 

Very interesting

 

Thanks GH

[gh2008]

Yes PT

 

I see what you mean, "Group"

 

Thanks

 

VOLVO

 

The important one i.e. from the creditor doesn't actually name an assignee at all !!

[volvo]

Hi all

 

Got my Strike Out request being heard today.

 

2 Accounts bundled into one claim.

 

Bank One

---------

1. POC insufficiently particualrised,

2. No response to CPR31.14

3. Not fully complied with CPR 18 request

4. No DN supplied

5. Application Form with No Prescribed Terms or any terms at all

6. CCA s78 request from 2007 still outstanding, applic. form, NO T&C's

7. Claiming s69 interest on claim form

 

Barclaycard

-----------

 

1. POC insufficiently particualrised

2. No response to CPR 31.14

3. Not fully complied with CPR 18 request

4. DN supplied is different to my Original, not complying with Regs and not enough time for service.

5. Illegible application form supplied with no Prescribed Terms and set of undated T&C's which would not have fit onto back of application form

6. Barclaycard NOA does not confirm who assigned to

7. Sale agreement dated 11/9/2009 but BC NOA letter advises assigned

on 30/9/2009

8.CCA s78 request from 2007 was still o/s until undated T&C's received

9. Claiming s69 interest on claim form.

 

What do you think my chances are???

 

VOLVO

[pt2537]

Power to strike out a statement of case

 

3.4

 

(1) In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.

 

(2) The court may strike out(GL) a statement of case if it appears to the court –

(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;

 

(b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or

 

© that there has been a failure to comply with a rule, practice direction or court order.

 

 

(3) When the court strikes out a statement of case it may make any consequential order it considers appropriate.

 

(4) Where –

(a) the court has struck out a claimant’s statement of case;

 

(b) the claimant has been ordered to pay costs to the defendant; and

 

© before the claimant pays those costs, he starts another claim against the same defendant, arising out of facts which are the same or substantially the same as those relating to the claim in which the statement of case was struck out,

 

the court may, on the application of the defendant, stay(GL) that other claim until the costs of the first claim have been paid.

 

(5) Paragraph (2) does not limit any other power of the court to strike out(GL) a statement of case.

 

(6) If the court strikes out a claimant’s statement of case and it considers that the claim is totally without merit –

(a) the court’s order must record that fact; and

 

(b) the court must at the same time consider whether it is appropriate to make a civil restraint order.

[pt2537]

Those are the conditions and circumstances where the court can strike out a statement of case.

 

The court will not hold a mini trial, it must be evident that the conditions are met, or else it will not strike out.

 

You may be advised to seek an unless order if the judge is not with you so that you get an order that compels them to disclose

[volvo]

Those are the conditions and circumstances where the court can strike out a statement of case.

 

The court will not hold a mini trial, it must be evident that the conditions are met, or else it will not strike out.

 

You may be advised to seek an unless order if the judge is not with you so that you get an order that compels them to disclose

 

Thanks for the info PT

 

Your advice ref an Unless Order has been noted

 

Thanks

 

VOLVO

[vjohn82]

Updates?

[volvo]

HI VJ

 

DJ unwilling to order strike out, but gave an order to produce the agreements, default notices etc within 28 days. He was not impressed with docs they had supplied and also that they were in no way indexed for ease of reference by him.

 

An AQ to be completed within 21 days and DJ also ordered, upon his own submission, that Cabot pay my N244 Application fees within 21 days, as he felt they had already had ample time to supply agreement T&C's and DN etc., and that i should not have had to resort to an Application in order to obtain these documents.

 

I will ask for further advice when i receive the AQ.

 

VOLVO

[pt2537]

HI VJ

 

DJ unwilling to order strike out, but gave an order to produce the agreements, default notices etc within 28 days. He was not impressed with docs they had supplied and also that they were in no way indexed for ease of reference by him.

 

An AQ to be completed within 21 days and DJ also ordered, upon his own submission, that Cabot pay my N244 Application fees within 21 days, as he felt they had already had ample time to supply agreement T&C's and DN etc., and that i should not have had to resort to an Application in order to obtain these documents.

 

I will ask for further advice when i receive the AQ.

 

VOLVO

some DJs do consider that it is disproportionate to strike out in these circumstances, so , im not surprised, the judge cant be criticised here as he has used his discretion given to him by the CPR

 

Right lets wait and see what happens

[volvo]

Thanks PT2537

 

Will wait as you say and see what they now supply.

 

Thanks

 

VOLVO