VOLVO v CABOT(Barclaycard) Court Claim received **DISCONTINUED**

[volvo]

..

[Curlyben]

Time to get TS involved and send Wescot this:

Re: my request under s78 of the Consumer Credit Act 1974.

 

Thank you for your recent letter sent to me dated 21st June 2007, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated 26th April 2007. Upon receipt of the original request the specified account legally entered into disputed status.

 

My request remains outstanding. An application form does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'. The statements sent do not correspond to the amount stated in your earliest correspondence and therefore they do not satisfy the requirement to supply me with a statement of account.

 

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until 25th May 2007 to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

 

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on 25th May 2007 and subsequently committed a criminal offence on 25th June 2007.

 

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

I look forward to your reply.

 

Yours faithfully

 

Edit as needed.

[volvo]

Thanks CurlyBen for prompt response.

 

Just about to start typing letter now.

Look like sore fingers ahead!! with all the typing.

 

Thanks, VOLVO

[volvo]

Hi

 

wescot have still not supplied any paperwork at all relating to my CCA request in May for this Barclaycard debt.

 

They have however sent letter requesting monthly instalments are brought up to date and maintained otherwise Court and/or door step collection etc.

 

Tried to report them to TS via Consumer Direct but they advised that this is no longer dealt with by Ts/Consumer Direct and suggested raising a complaint with Financial Ombudsman Service, so sent letter of complaint form to FOS by recorded delivery today.

 

(is this right about TS dont handle these complaints anymore?)

Volvo

[Curlyben]

Hmmm haven't heard that one, but they do vary from place to place.

Hey a FOS complaint is good as Wescot get hit with £400+ for their trouble

[uglynine]

Hi there,

 

I've started my own thread at http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/111791-agonynine-link-financial-dca.html, and would greatly value your advice!

 

Many thanks,

 

Agonynine

[volvo]

Hi

 

wescot have still not supplied any paperwork at all relating to my CCA request in May for this Barclaycard debt.

 

They have however sent letter requesting monthly instalments are brought up to date and maintained otherwise Court and/or door step collection etc.

 

Tried to report them to TS via Consumer Direct but they advised that this is no longer dealt with by Ts/Consumer Direct and suggested raising a complaint with Financial Ombudsman Service, so sent letter of complaint form to FOS by recorded delivery today.

 

(is this right about TS dont handle these complaints anymore?)

 

 

Volvo

 

Update.

Have submitted a complaint to FOS some time ago after only receiving application form and some statements from Barclaycard and having exhausted Wescots Complaint Precedure.

 

**On Sat 8th Dec 2007 i received correspondence out of the blue from the O.F.T. 'Debt Collection Team', ''Consumer Credit Fitness Investigations Department'' who advised that they were aware i had complained about Wescot/Barclaycard to Consumer Direct Northwest(who had advised me to report to FOS) and they would like me to provide yhem with full details of my complaint and copies of all correspondence sent and received by me from Wescot, Barclaycard and the F.O.S.

 

Naturally i complied with this and despatched a huge bundle of ALL the correspondence to the OFT today by Special Delivery as they had stated that they would need receipt by the 12th December 2007.

 

It looks like finally the OFT are properly going to investigate Wescot's actions or lack of regarding Debt Collection and CCA Requests.

 

Good news or what???

 

VOLVO

[rory32]

Sounds as if you are finally making progress, although it's bit tight asking for you to supply info by the 12th. I suppose they must be up to something.

[volvo]

Sounds as if you are finally making progress, although it's bit tight asking for you to supply info by the 12th. I suppose they must be up to something.

 

Thats what i thought, that they must have something up their sleeve to make an unsolicited request for nasty info on Wescot, as everyone says the OFT arent doing anything.

 

Maybe, just maybe, now they are!!!

Would make my Christmas

 

VOLVO

[rory32]

It would make a lot of peoples Xmas

[volvo]

Has anyone else had the Office of Fair Trading contact them regarding

Wescot Credit Services fitness for credit licence?

 

VOLVO

[Having_A_Knightmare]

Volvo

 

This is great news.. I hope the OFT make an example out of them

 

HAK

[volvo]

It looks like the OFT did indeed submit my case to Wescot (Barclaycard) as part of their enquiries as i today received a letter from Wescot (2nd Final Response Letter from them) dated 2nd January 2008 advising that they had now decided to close their file and have returned the account of nearly £5k to Barclaycard.

 

OFT had wanted the history details by 12th December, so it would seem a quick knee-jerk response to them quoting my case during their investigation from the OFT. Credit Licence Fitness Dept.

 

Another success, which would not have been possible without the continued help and support of Rory, Curlyben and others. Thanks to all!!

 

A Donation will be made end of Feb. as unfortunately, i am being made redundant then.

 

VOLVO

[rory32]

Sorry to hear about your redundancy volvo. Hope you get a new position sorted out soon. Looks like a result with Wescot though, another DCA that you can wave goodbye to

[volvo]

Thanks for that Rory, I had 13 debts when i started last year which seemed as though i had no future, now 4 have reached completion and i have 3 with Link (old First National Bank) which can apply interest before and after judgement so will be using redundancy to do a F+F on them.

 

The remaining 6 all look promising with the exception of 1 with Rockwell who came up with a good CCA, so not a bad years work.

 

Once again, thanks for your invaluable advice and support.

 

VOLVO

[volvo]

Hi all

 

UPDATE

 

Received this summons dated 25th feb 2010relating to a barclaycard credit card and also combining a bank one credit card today 3rd march 2010

 

 

What do i need to do now and how do i respond

 

Many Thanks

 

VOLVO

[cerberusalert]

Moved to Legal Forum.

[volvo]

bump

[cerberusalert]

Title changed.

[volvo]

anyone any advicehow to respond and what to do with court claim received from Cabot(Morgan solicitors yesterday)

 

VOLVO

[ncf355]

Hopefully someone with more experience of this will be along, but I think you need to put in an "embarassed" holding defence and a CPR request for information such as all the related CCA docs, default notices, etc?

[ncf355]

See THIS thread for lots of info

[volvo]

Thanks ncf

 

but i still do not understand what to do with the court claim received yesterday for this barclaycard debt bought by cabot.

 

only received an application form without the prescribed terms and partly illegible.

 

Do i acknowledge the claim on line saying i will defend,ok, but dont know what to do after that re document requests etc and what to quote.

VOLVO

[volvo]

help where to start very much appreciated

 

need a list of whats to be done and then i will work through it

[volvo]

Could a MOD please mark this as a success.

Morgans/Cabot have agreed to discontinue and confirmed with my solicitors that it will not be sold on. They are just resolving the costs Cabot have to pay.

Thanks to all (too many to mention) incl sillygirl and PT and his fellow legal associates.

 

VOLVO