Cabot Financial vs Glassman 11/05/2015

[FlamingParrot]

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?

As your agreement was from 2006 and the banks merged in 2001, they would already have been one and the same, the issue is more about whether the agreement you've got is actually for the right credit product, i.e. the card you actually had.

[Glassman]

Re: Cabot Financial vs Glassman 11/05/2015

I am not sure where to go from here?

I do not understand how the amount could be this high from one low limit card...charges/interest? the statement of account from Cabot is simply a paragraph saying "At the date of this letter Cabot confirms you owe x,xxx"

I have no Notice of assignment

I have no Default notice

Any idea's on best course of action? In their letter Cabot are offering to get in touch for repayment terms (I an assuming this would not result in a CCJ?) but to be honest the amount/claim doesn't sit right with me.

Both parties ticked the mediation box so I guess that this is the next step.

[nemesis45]

Re: Cabot Financial vs Glassman 11/05/2015

I am not sure where to go from here?

I do not understand how the amount could be this high from one low limit card...charges/interest? the statement of account from Cabot is simply a paragraph saying "At the date of this letter Cabot confirms you owe x,xxx"

I have no Notice of assignment

I have no Default notice

Any idea's on best course of action? In their letter Cabot are offering to get in touch for repayment terms (I an assuming this would not result in a CCJ?) but to be honest the amount/claim doesn't sit right with me.

Both parties ticked the mediation box so I guess that this is the next step.

If Cabot go for mediation on the details on the POC either they have no idea that agreement is not a BOS Aqua agreement or they hope to wing it on getting a payment plan via a consent (Tomlin) order through mediation I think they will fail.

nem

[Glassman]

Re: Cabot Financial vs Glassman 11/05/2015

The mediation service has rang to offer mediation on the 10th Sept, he asked if I felt I had enough documentation to mediate?

[Glassman]

Re: Cabot Financial vs Glassman 11/05/2015

Having looked closely at the docs it seems that the application form and the small print page 3 with my signature were part of my application which was then sent back to Halifax as in the "What to do next..." at the top of the application form.

The larger print (non signed) CCA has small differences around the signature area and only has the one signature box with the PPI products in with [Tick box] inserted. I did sign the Credit Card Repayments Box on the small print page 3.

I do not have any PPI paperwork (which I could do with as I was self employed at the time)

[nemesis45]

Re: Cabot Financial vs Glassman 11/05/2015

Having looked closely at the docs it seems that the application form and the small print page 3 with my signature were part of my application which was then sent back to Halifax as in the "What to do next..." at the top of the application form.

The larger print (non signed) CCA has small differences around the signature area and only has the one signature box with the PPI products in with [Tick box] inserted. I did sign the Credit Card Repayments Box on the small print page 3.

I do not have any PPI paperwork (which I could do with as I was self employed at the time)

With an allegedly " reconstituted" agreement such as this one can never be sure that the Ts & Cs are those actually relevant at the opening and closure of the account.

As you have the chance to scrutinise the documents go over them with care again look for anomalies, dates, document version type, if for instance a date show e.g. 2015 in the margin and the account was say closed in 2013 then there is doubt that the T's & C's are relevant.

nem

[Glassman]

Re: Cabot Financial vs Glassman 11/05/2015

Thanks nem,

I have checked as well as I can and have found no anomalies apart from the difference in the signature boxes.

It seems I have a decision to make (mediation have asked that I notify them by tomorrow)

1, take mediation and try to get a lower settlement with monthly payments without a CCJ

2, go to court with the no BOS on documents, no notice of assignment, no default notice.

I take it with option 2 that I either win...or lose and receive a CCJ that I would need to pay off straight away to clear it from my file?

I guess what I am really asking is what do people rate my chances if it goes to a hearing?

[nemesis45]

Re: Cabot Financial vs Glassman 11/05/2015

Thanks nem,

I have checked as well as I can and have found no anomalies apart from the difference in the signature boxes.

It seems I have a decision to make (mediation have asked that I notify them by tomorrow)

1, take mediation and try to get a lower settlement with monthly payments without a CCJ

2, go to court with the no BOS on documents, no notice of assignment, no default notice.

I take it with option 2 that I either win...or lose and receive a CCJ that I would need to pay off straight away to clear it from my file?

I guess what I am really asking is what do people rate my chances if it goes to a hearing?

The choice: Going to hearing do you feel confident that the recon is insufficient to enforce payment?
Are happier more confident in achieving a reasonable, affordable and sustainable payment agreement via the consent order route?
Choice 2 imo is safer as things stand.

[Glassman]

Re: Cabot Financial vs Glassman 11/05/2015

Just to be clear nem you mean your option2 (mine was the other way around)

I was leaning that way but wanted to make sure I was not missing anything.

[nemesis45]

Re: Cabot Financial vs Glassman 11/05/2015

Just to be clear nem you mean your option2 (mine was the other way around)

I was leaning that way but wanted to make sure I was not missing anything.

My apologies fat fingers after an op yes option 1.

nem

[FlamingParrot]

Re: Cabot Financial vs Glassman 11/05/2015

I have checked as well as I can and have found no anomalies apart from the difference in the signature boxes.

As you know, after Carey v HSBC a judge will accept that a recon satisfies a s.78 request. :ohwell:
If all the prescribed terms were on the agreement you signed in the first place, you'd have no argument under s.127(3). :mmph:

It seems I have a decision to make (mediation have asked that I notify them by tomorrow)

1, take mediation and try to get a lower settlement with monthly payments without a CCJ

2, go to court with the no BOS on documents, no notice of assignment, no default notice.

The lack of BoS on documents won't make much difference, as long as it has details of both debtor and creditor and all the prescribed terms.
With the DNs, the arguments are when you've got one that's non-compliant. If you have got no DN at all you can't argue it was non-compliant and it may not be easy to convince a judge that you never received one, it would have been years ago and banks do issue them as a matter of course.

I take it with option 2 that I either win...or lose and receive a CCJ that I would need to pay off straight away to clear it from my file?

You'd have to pay it in full within one month to get it wiped off the record.

I guess what I am really asking is what do people rate my chances if it goes to a hearing?

As a rough guesstimate having read this: http://www.legalbeagles.info/forums/...leton-Argument - around 30%