Cabot Financial and Hitachi Nova loan

[kev 123]

No it is the one that has been written on the top of the agreement on the right hand side ending 254 that corresponds to the statement

[dx100uk]

oh dear

 

makes it unenforceable then

 

as you signed the agreement under the number in the agreement box

 

if someones changed it,

 

makes that CCA un-en totally.

 

that's why they've sold it.

 

dx

[kev 123]

Oh dear indeed,

 

so what do you think my next move should be regarding Cabot,

 

as no doubt they will be back in touch soon.

 

Should i write a letter explaining that or should i just leave it?

[dx100uk]

I have not contested the amount as i took a £15000 unsecured personal loan out with SAVI(Hitachi) 2 years ago as a already had a personal loan with them which i have subsequently paid off they where more than willing to supply me with the loan.

 

in relation to the above

 

when was the previous loan?

 

and was there any info in the SAR concerning this old loan...

[kev 123]

The previous loan was taken out in Dec 2011 and settled in feb 2013, there was no mention of it in the SAR

[dx100uk]

how was it settled?

 

not by this new loan I hope?

 

there should have been info in the sar if its within 6yrs

 

dx

[kev 123]

No lol it wasn't settled with the new loan, but nothing in the SAR regarding this, the old loan shows on my credit file but the one with Cabot doesn't

 

I settled the loan early, with savings

[dx100uk]

getting weirder by the minute then.

 

the old settled loan shows

 

but the new loan, which has had its hand written

agreement number changed for another handwritten number

has statements in an SAR, that cabot ischasing.

 

pers i'd be telling cabot to go away off.

 

you signed an agreement number 12345

 

someone changed the agreement number after you signed it...

 

totally invalid.

 

dx

[kev 123]

Thanks for that dx i will draft a letter tomorrow, lets see what happens

 

Hi dx, just been rooting through all my old paperwork and i have found the original customer copy of the agreement, the account number is blank, does this change anything?

[dx100uk]

so this confirms that not only

did they ever tell you the agreement number

 

they messed up twice by

handwriting in numbers !!

 

no wonder they sold it

 

dx

[kev 123]

Cheers dx, so how do you think i should approach Cabot. How should i word the letter, any ideas?

[dx100uk]

two words!!

 

I wonder what ims21 thinks about this handwritten and changed agreement number.

[kev 123]

Is the second one off? would be cool to get more opinions

 

I will wait to see if ims21 takes a look before contacting Cabot

 

Any ideas on how to get ims21 to take a look at the thread

 

Quote from post 65,

CONCLUSION

 

In light of the above, as the documentation is enclosed is sufficient to satisfy our obligations set out under section 77/78 of the CCA,

we remain entitled to enforce the original credit agreement.

 

so getting it straight in my own head Cabot feel that can legally enforce, however because the original doc was sent to me without an agreement number on it and hitachi have hand written an account number and then crossed it out and replaced with another number we feel it is unenforceable. Have i got this right or not?

[dx100uk]

yes def.

 

let me see if I can ask another on the ST

[kev 123]

Thanks dx

[spamheed]

Just to add tuppence to this, when Cabot provided a copy of an Egg agreement to me, they had handwritten their own internal reference number onto it, however if the original agreement has no account number on it and is unsigned then they would have to prove a link exists

[kev 123]

Thanks for that spam,

 

the original customer copy of which i have a copy that i signed had no acc number on it

 

however, i have a copy both from cabot and hitachi with two hand written acc numbers on them

 

one of which has been scribbled off and

 

then they have added the correct acc number on that corresponds to the statements.

 

Would this prove a link exists?

[dx100uk]

as the statement account number

 

relates to the handwritten account number

outside the box.

 

I would suggest it was Hitachi themselves did the crossing out and the re write of the 'correct' account number.

 

the thing is.. -there should be notes on this in the comms log there is not

 

and this is what makes things smell.

 

the OP:

 

signed an agreement that had a blank account number box

 

that was sent off

 

'someone' at hitachi wrote in a number in pen in the blank account number box

 

'someone' at hitachi then crossed that one out and added another handwritten number outside the box.

 

they then sold the account to cabot.

 

IMHO that's why its been sold,

[kev 123]

Cheers dx,

 

i understand and agree,

 

obviously something is wrong with the agreement or it would not have been sold.

 

Hitachi obviously feel that it is unenforceable.

 

If there is nothing wrong with the contract itself it has got to be the account number(s).

 

Thinking about it it would of been prudent for hitachi to tell me that they had made a mistake and sent another agreement out for me to sign.

 

It just annoys me that i had entered into the agreement with hitachi for reduced payments for a period of 12 months

and they sold it on 7 months into the term.

 

In other words they didn't keep their word and now the leeches are trying to get into me.

 

I do appreciate all help and advice as I'm sure you can understand the situation is worrying to say the least,

it would be cool if we could get a definitive answer if there is one before Cabot try to step things up.

[spamheed]

anything that is written on the document after the agreement has been entered into (in my opinion) has no bearing whatsoever on the agreement.

 

They would have to prove that the piece of paper is in fact the agreement that you entered into (signed)

and not something they have cobbled together after that point.

 

 

If the only thing that links this document to you are the handwritten numbers, then (again in my opinion) it is a very tenuous link

 

 

as Dx says, this smells

[kev 123]

Cheers for helping Spam and dx,

 

could it be possible that on the comms log something has been omitted.

 

It just concerns me that cabot feel that they have enough to enforce,

 

or do we feel that the may just be trying to flex there muscle,

 

and even though they have the agreement

 

they are not seeking to initiate legal proceedings

[dx100uk]

theres no comms log prior to 15/7/13?

 

dx

[kev 123]

Oops I forgot to load the first page will do it in the morning having probs with the laptop

[spamheed]

Just because Cabot say something is lawful and/or enforceable doesn't make it so,

 

if the numbers were handwritten after the document was signed,

 

there would have to be supporting documentation from Hitachi to demonstrate

that this was in line with their processes and policies and not just Cabot adding something

to link documents which previously had no such link.

 

very smelly indeed,

 

a SAR to Hitachi should show up such a connection,

 

if it doesn't, then despite all of their assurances and blustering,

 

they have nothing to enforce.

[kev 123]

Cheers SpamHead, i supposed i need a bit of reassurance lol,