Cabot Financial vs Glassman 11/05/2015

[Kati]

Re: Cabot Financial vs Glassman 11/05/2015

....

[nemesis45]

Re: Cabot Financial vs Glassman 11/05/2015

OK , Thanks Kati:tinysmile_twink_t2:

Apart from the signature does your name and address appear on the agreement?

If this is intended to be a " reconstituted agreement" it must have.

Your name and address as it was when the account was opened.

The creditors name and address.

The T's & C's relevant when the account was opened and the one relevant at closure ( 2 complete sets)

Any documents mentioned in the T's & C's.

Any material amendments made during the life of the agreement.

In their covering letter how does Cabot describe the document sent.

nem.

[Glassman]

Re: Cabot Financial vs Glassman 11/05/2015

My correct address is on the agreement as is Halifax's address (although this is for a Bank of Scotland card)

I have signed the agreement but the creditors sign and date box are blank.

I have one copy of terms and conditions.

In the covering letter under NOTES they say they have enclosed a Copy of signed Credit Agreement.

The covering letter says:-

"We consider that the agreement is now enforceable and therefore we are entitled to obtain a County Court Judgement against you. However, we would prefer that you work with us to set up a repayment plan to settle you outstanding balance."

[FlamingParrot]

Re: Cabot Financial vs Glassman 11/05/2015

My correct address is on the agreement as is Halifax's address (although this is for a Bank of Scotland card)

When did you take out the Bank of Scotland card? Before or after 2001? I can't see a date. The reason for asking is that Halifax and BoS merged in 2001 and became HBOS. If you took out a BoS card before the merger then there would be no reason for the Halifax's address to be on the application form if you see what I mean.

[nemesis45]

Re: Cabot Financial vs Glassman 11/05/2015

The " Declaration Box" on the application for state " request Halifax Plc to issue a credit card", also this is for an Aqua Brand card.
No mention of BOS.
The POC state BOS Aqua Card?
When all is said a done, the Agreement supplied does not match the detail in the POC.
nem

[Kati]

Re: Cabot Financial vs Glassman 11/05/2015

When did you take out the Bank of Scotland card? Before or after 2001? I can't see a date. The reason for asking is that Halifax and BoS merged in 2001 and became HBOS. If you took out a BoS card before the merger then there would be no reason for the Halifax's address to be on the application form if you see what I mean.

....

This is for an Aqua credit card from about 6-8 years ago, financially I was in a mess back then and had debts with many many places, having looked at my credit file this is on there showing as defaulted Feb 2010 going back through statements I see a payment to Aqua/Marbles June 2009...so I am guessing this a month or two away from being statute barred.

[nemesis45]

Re: Cabot Financial vs Glassman 11/05/2015

....

Now Aqua Marbles appears so we have POC Bos Aqua, app form Halifax Aqua?
Is there a chance there is more than one card give the plurals applied in the POC?

nem

[Kati]

Re: Cabot Financial vs Glassman 11/05/2015

Aqua and Marbles are owned by the same group Nem. They're called NewDay Ltd

Who is NewDay On 1 April 2014, SAV Credit Limited became NewDay Cards Ltd and Progressive Credit Limited became NewDay Ltd, part of the NewDay group of companies, one of the largest providers of credit and store cards in the UK. NewDay is a fresh, new alternative in financial services and one of the UK's fastest growing companies, welcoming over one million new customers last year. We provide credit and store cards for these retail partners: Debenhams, House of Fraser, Laura Ashley, Topshop, Topman, Burton, Wallis, Miss Selfridge, Evans, Dorothy Perkins, Outfit and Harvey Nichols. Our consumer brands include the aqua, marbles and Opus branded range of credit cards.

[nemesis45]

Re: Cabot Financial vs Glassman 11/05/2015

Aqua and Marbles are owned by the same group Nem. They're called NewDay Ltd

Yes correct Kati, I fought the Newday organisation recently on the Branded Cards / POC/ Application form/ actual agreement front.

The POC here is specific BOS Aqua, the agreement Is Halifax Aqua/ Credit File Marbles/ Aqua, imo if it's claimed to be A BOS Aqua Card, the app form is not proof of a BOS Aqua application or agreement.

nem

[Glassman]

Re: Cabot Financial vs Glassman 11/05/2015

Thanks for taking a look everyone!

The agreement is dated 2006

There is no mention of Bank Of Scotland on the agreement only Halifax. The claim/covering letter states the original lender to be BOS with no mention of Halifax.

I do vaguely remember having both a Aqua and a Marbles card (but could be mistaken)

The thing that does not add up to me is the amount as all the cards I had were for very low amounts at the time (hundreds and not thousands) and I originally thought this was for more than one card lumped together.

Do they have to supply some form of information regarding how they got to the amount?

[FlamingParrot]

Re: Cabot Financial vs Glassman 11/05/2015

With all those mergers and acquisitions it's not easy to keep tabs of who owns who or who runs what cards in the banking world. It's not uncommon to try to fob people off with terms for the wrong product, for example one of MKDP's recent losses (not reported as far as I know) in court was where they'd purchased an account from Barclays and assumed it had always been a Barclaycard but it was originally a Morgan Stanley card later sold to Barclays.

Looking closely at the document posted up, it says November 2006 at the bottom of the form. There's an Aqua application form that has been posted up elsewhere from 2004, which could be useful for comparison. I was going to post it up here but I thought it could cause confusion when we revisit the thread so I've started a new thread in the CCA/T&C library: http://www.legalbeagles.info/forums/...970#post569970

[nemesis45]

Re: Cabot Financial vs Glassman 11/05/2015

Same im most way sig box Request Halifax etc.
Confirms no mention BOS so the POC is wrong

[FlamingParrot]

Re: Cabot Financial vs Glassman 11/05/2015

Thanks for taking a look everyone!

The agreement is dated 2006

There is no mention of Bank Of Scotland on the agreement only Halifax. The claim/covering letter states the original lender to be BOS with no mention of Halifax.

The other Aqua agreement I've posted up also says only Halifax at the bottom, even though in 2004 they'd already merged.

I do vaguely remember having both a Aqua and a Marbles card (but could be mistaken)

The thing that does not add up to me is the amount as all the cards I had were for very low amounts at the time (hundreds and not thousands) and I originally thought this was for more than one card lumped together.

It doesn't happen often but there have been cases where accounts have been lumped together, notably HSBC used to lump together an overdraft and a loan. :mmph:

If there were two cards they'd have to supply agreements for both even if they are with the same banking group, they'd have been different products to start with.

[nemesis45]

Re: Cabot Financial vs Glassman 11/05/2015

Possibility of two card debts?

nem

[Glassman]

Re: Cabot Financial vs Glassman 11/05/2015

If this was to go to a hearing would the fact that the cca says Halifax where as the claim says BOS be a defence?