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**DISCONTINUED** Cabot Financial Court Summons ( Scotland )

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  • #31
    Re: Ok, its now my turn - Cabot Financial Court Summons

    When is your return date?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #32
      Re: Ok, its now my turn - Cabot Financial Court Summons

      Return date for court is 17th October. The CCA request letter was dated 2nd September and received by them 4th

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      • #33
        Re: Ok, its now my turn - Cabot Financial Court Summons

        [QUOTE=Ruby;467117]I have received today a Service Copy Writ/Summons from Paisley Sheriff Court for for just over £4000 with interest on that sum at the rate of 8% annually from the date of service, together with the expenses of bringing the claim.

        The sum is bundled together for two credit cards (Vanquis and Aqua) with no breakdown of how much it is for each.

        I did a CCA request back in the beginning of 2010 (both accounts were on the brink of just about becoming SB'd!!). Vanquis sent a generic credit card agreement with full terms but with no personal details/signature on it). Aqua did not send me a CCA agreement only an application form.. In the summons it states that the accounts were opened during 2006. "



        You seem to mention the accounts being near to stature barred in 2010? When was the last payment or written acknowledgement of debt made? If it was five years or more prior to issue of proceedings then that is a full defence.

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        • #34
          Re: Ok, its now my turn - Cabot Financial Court Summons

          I also wondered how they were "almost statute barred" in 2010 but weren't now seemingly.
          The Limitation period is only 5 years in Scotland, not 6.

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          • #35
            Re: Ok, its now my turn - Cabot Financial Court Summons

            The last written communications with both the companies were in Spring 2010. Hope that clarifies things.

            Quick up date:- I have today written a formal letter of complaint to Cabot to let them know they are in clear breach of FCA guidelines in not providing me with compliant credit agreements within the stipulated time frame. 'Since you are pursuing this debt through the court you should already have all the paperwork ready and in place, therefore there is no reason for any delay'. We originally requested copies of compliant agreements back in 2010 (spring) and to date nothing has been forthcoming so it can be argued that these accounts have been in dispute for years. Pursuing repayment/court action whilst these accounts are in dispute is in clear breach of the FCA guidelines - section 7.5.3. :tinysmile_twink_t2:

            Have I been doing my homework well?

            Just to clarify things, I have not received to date any correspondence from Cabot whatsoever.

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            • #36
              Re: Ok, its now my turn - Cabot Financial Court Summons

              Still not a word from Cabot - not even an acknowledgment!

              After turning the house almost upside down I have now compiled all the paperwork on the two accounts in question.

              Please could somebody correct me if I am wrong but from what I have read a summary court is apparently for debts £3000 + ? I wonder if they have just tried to cover up the fact that they have no CCA for Vanquis by just bundling it with the Aqua debt in order to fit over the 3K threshold? Without Vanquis it would be circa 2.5K only.

              The CCA criteria must include credit limit and repayments. You will note that on the CCA that was sent to us for Aqua it was only based on an example of £1500 credit limit. I have found a first statement for Aqua that states our initial credit limit at the time was only £800.

              The Vanquis 'CCA' is only a generic T & C's.

              Please can I have your thoughts on whether you agree with me that both accounts are at best flawed or unenforceable?
              Attached Files

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              • #37
                Re: Ok, its now my turn - Cabot Financial Court Summons

                I thought it might be important to add that the one page CCA agreement for Aqua was printed back to back with the application form, see attachment. You will note that at the top is states 'Please ensure you have signed and dated the Credit Agreement in the red outlined section on page 3'. So if the application form was page one (?) what happened to page 2?

                We have on two occasions, once in 2009 and again 2012 asked for almost £1000 worth of charges to be refunded but each time we did not even get a response back. Back in 2009 we were in financial difficulty and although we were in a repayment plan for a while they were still charging us £24 per month for late payment/over limit.
                Attached Files

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                • #38
                  Re: Ok, its now my turn - Cabot Financial Court Summons

                  It should not in my experience be a problem for the banks to at least look at refunding anything charged at over & above the £12 considered reasonable as a "good will" gesture....to get nothing is not what I would expect.

                  Any how 10 out of 10 for the continued effort here its worth its weight in gold as most give up...................I can not stress enough about consumer interests & how much more advanced they would be if more pursued like this.............top stuff Rubes

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                  • #39
                    Re: Ok, its now my turn - Cabot Financial Court Summons

                    Fred, I am like a dog - once I get a bone in my mouth I don't let go, lol! All the charges are for £12 x 2 for the month so I guess that is why our request has always been ignored. What really bugs me is that even after the account was closed they kept still charging us £24 per month for months later.

                    Cabot have got such a name for themselves and I have always stood up to bullies - and always will........

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                    • #40
                      Re: Ok, its now my turn - Cabot Financial Court Summons

                      having read the aqua agreement, i find 19.5 very interesting,

                      " Nobody other than we or you can enforce any part of this agreement, under the contracts(Rights of Third Parties)Act 1999 "

                      i wouldn't consider cabot either " we " or " you "

                      also 18.2

                      18.2 We may transfer any or all of our rights or duties under this agreement to another
                      organisation (including organisations outside the European Economic Area). lf we do
                      this, we may let them have any information about you or an additional cardholder. We
                      may also arrange for any other person to carry out our rights or duties under this
                      agreement. Your rights under this agreement and your legal rights (including under the
                      Consumer Credit Act 1974) will not be affected.

                      i am not sure if this is a true statement, not just any organisation, is it not true that the purchasing ' agent' must hold a consumer credit licence ?

                      making this a void term or condition ?

                      just my take on things, and an argument i would consider using

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                      • #41
                        Re: Ok, its now my turn - Cabot Financial Court Summons

                        Not sure that would stand up in court as the account was in default when Cabot 'bought' it over. Thing is, we can't remember if we ever received a N.O.A. (gut feeling is we never received one) or ever had any yearly statements from them, just the occasional threat-o-matic which we ignored. Vanquis sent us a refund of charges about three years ago. Why would they do that if we had an outstanding debt with them?

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                        • #42
                          Re: Ok, its now my turn - Cabot Financial Court Summons

                          I am SO ANGRY with myself just now! The solicitor's card attached to the writ/summons stated 'We enclosed service copy writ/summons and confirm that as agents for the pursuers we are now dealing with the matter on our client's behalf. All future payments and communications in respect of this matter must be made to this office quoting our reference xxxxx .

                          How the hell did I miss that !! To quote M1's earlier comment it is me who is stupid and not them :doh:

                          I will now post another CCA request to the solicitor this time and hope they don't take the whole 12 days to reply back. I have wasted so much time !!!!!!!!!!

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                          • #43
                            Re: Ok, its now my turn - Cabot Financial Court Summons

                            Regarding these CCA's - they weren't from the current request to Cabot were they ?

                            Basically all I think they show us is that if Cabot do come up with the documents then the debt may be enforceable. As long as Cabot remain in default of the current request they cannot enforce.
                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • #44
                              Re: Ok, its now my turn - Cabot Financial Court Summons

                              Originally posted by Ruby View Post
                              I am SO ANGRY with myself just now! The solicitor's card attached to the writ/summons stated 'We enclosed service copy writ/summons and confirm that as agents for the pursuers we are now dealing with the matter on our client's behalf. All future payments and communications in respect of this matter must be made to this office quoting our reference xxxxx .

                              How the hell did I miss that !! To quote M1's earlier comment it is me who is stupid and not them :doh:

                              I will now post another CCA request to the solicitor this time and hope they don't take the whole 12 days to reply back. I have wasted so much time !!!!!!!!!!
                              The CCA request goes to the Creditor - so Cabot - so you have done it right - you can always write to the Solicitor and tell them you have sent a formal CCA request to the Creditor - and have had no response.
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment


                              • #45
                                Re: Ok, its now my turn - Cabot Financial Court Summons

                                The solicitor has been kept in the loop by all the correspondence being copied to them. A further CCA request is away today to the solicitor. At least when/if it does goes to court we can honestly say that we have tried our very best in getting the information required but have been 'blanked'.

                                'On the */*/2006 and */*/2006 the defender entered agreements with Bank of Scotland and Vanquis under which the defender borrowed from them the sum of money repayable on demand. The said agreements were agreements regulated under the consumer credit act 1974.'

                                The thing is that up to now I have assumed that the Bank of Scotland account they were referring to was an old Aqua account that we had. We have NEVER had a BOS credit card or any other account.
                                Last edited by Ruby; 30th September 2014, 12:54:PM.

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