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Cabot bought debt from Halifax 11/08 just as halifax recvd my sar, I have been waiting for documentation since then:)

 

Through the post today a copy of my application form from 1988!!!!! And b*gger me its enforceable:| all prescribed terms on the front, it does refer to other conditions on the reverse. oh dear, looks like the defective Default Notice they sent 18mnths ago comes into play:) yey.

 

They allowed 5 days to rectify and wanted £250 for arrears, cabot have also sent a letter of termination from halifax that i have never had, thanks for that:) They have also sent a mocked up agreement with my newest address and not where i lived at the time of taking the card. Looks like a big battle ahead.

Advice & opinions given by spartathisis are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.:)

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Cabot bought debt from Halifax 11/08 just as halifax recvd my sar, I have been waiting for documentation since then:)

 

Through the post today a copy of my application form from 1988!!!!! And b*gger me its enforceable:| all prescribed terms on the front, it does refer to other conditions on the reverse. oh dear, looks like the defective Default Notice they sent 18mnths ago comes into play:) yey.

 

They allowed 5 days to rectify and wanted £250 for arrears, cabot have also sent a letter of termination from halifax that i have never had, thanks for that:) They have also sent a mocked up agreement with my newest address and not where i lived at the time of taking the card. Looks like a big battle ahead.

 

But are you sure that it is the origonal. I had one from Halifax that was a cut and paste of an application onto a carrier that had T&C on reverse. They have admitted that it is a reconstruction.

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unfortunately yes. my details, my writing and my luck prescribed terms in with info about general stuff, defo original. Now it is defo a poor copy from microfiche with no terms from the reverse and I am 99.99% certain they couldnt produce it in court. Apart from the DN I have asked for a missing page from the t & c and hope that when they supply it it doesnt have the bit about assigning/selling as its not mentioned anywhere else.

 

It doesnt really matter the defective DN is enough, it was just a shock to get something so old.

Advice & opinions given by spartathisis are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.:)

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re-reading the agreement they sent it states when giving definitions i.e. the "us", "you" stuff , they say "WE also means anyone who is assigned the benefits of the contract". So it states it can only assign as equitable, which if im not mistaken means they (cabot) can only go to court if Halifax hold their hand.

Advice & opinions given by spartathisis are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.:)

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  • 1 month later...

Hi Spartathisis, yes, if it's an equitable assignment, Cabot do not have the right to sue in their own name, and from what I hear Cabots assignments are dodgy to say the least. Magda

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Cheers magda, i;m sure that wont stop them trying;)

 

Still not had anything from Cabot, though they are now ringing my mobile approx 6/8 times a day! When answered silence, have reported to Ofcom, but they dont investigate individual complaints.

 

I also reread some of the data screen printouts and found that they had requested they return the account to Halifax:) If only they could/would, account terminated sold on then given back to OC, would like to see how they could explain right to collection on that.

Advice & opinions given by spartathisis are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.:)

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  • 4 years later...

Can't believe it has been so long since I posted on this thread :D

 

Cabot have been in regular contact and still tell me they are awaiting the information from Halifax (OC) I requested, a page from the T & C'c they sent that related to data sharing and selling the debt to a third party.

 

15 months, I think, to SB. Goes to show that even with what looks like a good CCA there are things that hold the inevitable off.

Advice & opinions given by spartathisis are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.:)

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I have a halifax Debt with 1st Credit,,Was SB on 18 March,,:) I have had nothing but letters from them in the last few weeks..all offering discounts and payment proposals ,,I will leave it a while then send the SB debt..1st cred have owned this 2 years in July ..Think you can safety say ....Bog Off :)

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My thoughts too. It was strange that they provided everything but the bit about being able to sell it on, or not!

Advice & opinions given by spartathisis are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.:)

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