Saddler10, Cabot and Egg

[Faded-rose]

This thread is proving useful as I have just had DLC pass the a/c back to Egg so now know what to possibly expect next. I haven't used the fact that the 2003 agreement looks to be unenforceable (based upon what I've learnt from this site). Will wait for the post to arrive....

[spamheed]

The codes down the right hand side of the screen are specific references to your account, you need to remove them

[saddler10]

Thanks spamheed, will get my letters back up as soon as I can, properly edited of course!

 

Saddler10

[angry cat]

http://www.consumeractiongroup.co.uk/forum/egg/4267-angry-cat-egg-egg-10.html

 

Post 189

 

AC

[saddler10]

Thanks Angry Cat, emailed my local trading standards yesterday. Notice you complained through Consumer Direct and they passed it on to Trading Standards, is this the best way to go?

 

Saddler10

[vinegarvera]

Hi All,,

 

Subbing with interest as the same thing has happened to me recently....

[angry cat]

Yes, I believe it is Saddler10, however, I will emphasise that you will have to be quite firm with Consumer Direct.

Don't be fobbed off with their attempts of trying to pass you on to the CAB.

Insist that your complaint be passed on to Your local TS; ask for the relevant reference number.

 

Consumer Direct will then advise your local TS, who will then contact you.

 

AC

[saddler10]

Just to update, after receiving my 'agreement' in June (see post 19), I informed Cabot that the 'agreement' is unenforcable for reasons discussed here;

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html

 

Saddler10

[angry cat]

Just gone back to the begining of your thread.

 

Cabot have not yet fully complied with your CCA request!

 

Missing docs:

inception T&C's;

PPI Policy and;

the terms of that PPI policy.

 

The agreement that you were sent is a multi-part agreement.

 

Remember S78 CCA...and any other document referred to in it.

 

Furthermore. I do not buy the NoA.

 

Typical Cabot.

 

AC

[angry cat]

Tell Cabot to comply.

 

Put up or, shut up!

[saddler10]

Thanks AC. As far as my CCA request goes, it was made to Egg while the account was being handled by DLC. Eventually, I got a statement of account from DLC but nothing else. When it went to ARC, again I told the DCA that this was unenforcable, eventually ARC provided me with the same statement that I had already received, some kind of generic terms and conditions apparently from the time that I opened my account. They also confirmed to me that Egg could not locate my agreement.

 

When you say you do not buy the NoA, I can see how dodgy it is and have mentioned it in my complaint to Trading Standards, any other action you would suggest on this?

 

Saddler10

[angry cat]

Thanks AC. As far as my CCA request goes, it was made to Egg while the account was being handled by DLC. Eventually, I got a statement of account from DLC but nothing else. When it went to ARC, again I told the DCA that this was unenforcable, eventually ARC provided me with the same statement that I had already received, some kind of generic terms and conditions apparently from the time that I opened my account. They also confirmed to me that Egg could not locate my agreement.

 

When you say you do not buy the NoA, I can see how dodgy it is and have mentioned it in my complaint to Trading Standards, any other action you would suggest on this?

 

Saddler10

 

For the time being, focus on the fact that, Cabot have a legal obligation to fully comply with your s78 CCA Request!

 

I would also be requesting documentary evidence providing proof that the account (alleged debt) was legally assigned to Cabot.

[militantconsumer]

Subbing with interest as just received first letter from Cabot in today's post.

[saddler10]

More from Cabot, anyone who would like to tear it apart, feel free, think there are issues with misquoting/selective quoting of cca as discussed here;

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/223570-cabot-financial-dealing-cabot-2.html

 

 

 

[angry cat]

Ms. Chivers is clutching at straws and talking out of her backside!

 

AC

[rhos123]

egg with egg on their face classic:lol::lol::lol:

[saddler10]

have just sent my complaint to Consumer Direct, will update on any progress...

 

Saddler10

[angry cat]

I suggest Ms. Chivers should go back to her desk and read through s.10, S.60 and S.61 of the CCA1974 and the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553).

These regulations set out the form and content of agreements. For an agreement to be compliant with the regulations it MUST embody within the agreement, the prescribed terms laid out in the SI 1983/1553 without the prescribed terms the agreement does not conform to section 60(1) 1974 and therefore cannot be properly executed as described in section 61(1) CCA 1974.

 

The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: -

A term stating the "CREDIT LIMIT" or the manner in which it will be determined or that there is no "CREDIT LIMIT", A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--

(a)Number of repayments;

(b)Amount of repayments;

©Frequency and timing of repayments;

(d)Dates of repayments;

(e)The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

[angry cat]

For your information:

 

http://www.stjameschambers.co.uk/PPI%20Nathan%20Banks.pdf

 

AC

[saddler10]

Got a reply today from Consumer Direct, my complaint has been passed to Trading Standards.

[angry cat]

Got a reply today from Consumer Direct, my complaint has been passed to Trading Standards.

 

Excellent saddler; a start at least:)

[saddler10]

Apologies for the lack of updates on this, however since receiving my 'final response from Cabot early last month and my complaint to Consumer Direct I have heard nothing. Hopefully a good thing?

 

Saddler10