Cabot and Newday Aqua Card CCA return...unenforceable.. no typed name at signup box

[Stuckfast]

Cabot who own the Aqua Credit Card have now also sent the CCA agreement info. It’s got the name and address correct and is computer signed with date and ip address. They also sent  another cca agreement in addition which said it doesn’t contain any details. 

 

 

[dx100uk]

correct address for the time of takeout?

and the IP address traces to your area at the time?

 

scan it all upto one mass PDF read upload carefully please.

 

lets check.

 

dx

 

[Stuckfast]

Yes, it’s the correct address at time of take out and the IP address is from the area at that time too.

 

 this Cabot debt is my wife’s, taken out in England but we live in Scotland.

 

Thanks DX

 

Stuckfast

 

 

CCA Return.pdf

[dx100uk]

very much harder in scotland for them to get away with fake paperwork

[Stuckfast]

One thing I’ve just noticed is the date when she signed,

it’s not right by several months,  

the date on the CCA is before she signed by several months,

we’ve just found the sign up email 

[dx100uk]

ok full CCA in your post a few above

you said your name was typed but its not on page 27

ive inserted the time date back

 

and can we see this signup email please

 

 

[Stuckfast]

Yes, her name was included at the beginning of page 2, where it says: your agreement is between Newday and you and then name and address inserted.

 

that’s right, her name is not on page 27. Page 27 shows a ticked box, a date and time for her, an ip address for her and a date and time for Newday.

 

I’ll screenshot the email and upload, thank you for doing the PDF it’s much appreciated. I will learn how to do large documents for another time.

 

Stuckfast 

[dx100uk]

her name has to be printed in type by the signature of customer

i would suggest knowing cabot that a sheet from someone elses CCA out of their filing cabinet

and thats why the OC sold it on, the CCA is unenforceable.

[Stuckfast]

I’ve enclosed a screenshot of the sign up email 

Aqua sign up email screenshot.pdf

[Stuckfast]

Wow that’s great news thank you DX, I’m 100% certain her name isn’t typed next to that box, it’s a real shock I honestly thought they knew so much detail that you were going to say it is enforceable. 

 

 

 

 

[dx100uk]

well lets se what they do.

 

 

[Stuckfast]

Ok thank you DX,

 

They did say in the covering letter that in the event it is a reconstituted CCA that they have still fulfilled their obligation but I can’t see anywhere that they have said it is reconstituted.

 

Is it possible that in the future they could just claim that this is reconstituted and take  my wife to court and does the fact the date is different make any difference. I’ve read up some previous posts but always makes me wonder why don’t they just do that anyway, them just say it’s reconstituted.

 

I’m best to wait for their response now that’s right isn’t it and no payment plan.

 

Thanks so much for your advice on this 

[dx100uk]

you really now need to get reading up.

IF a  court claim is ever raised..IMHO they'll lose

lots of other stuff like DN too they have to produce.

 

let it run.

 

[dx100uk]

new thread created for this debt.