Cabot and Restons CCJ

[Diana M]

Re: Cabot and Restons CCJ

In terms of providing the copy, do you know exactly what they need to provide as this agreement was taken out before April 2007?

I'll be happy to answer that question in due course.

You say the loan was taken out in 2005.

What was the term of the loan (expiry date) if it had run it's natural length? This may be relevant to your potential Statute Barred argument.

At what point/date did you stop paying?

Were you served with a Default Notice at any time?

Were you served with a Termination Notice at any time?

Did you have PPI on this loan?

Di

[Diana M]

Re: Cabot and Restons CCJ

I am not entirely certain how the site works in terms of advice for cases of legal advice so I apologise if I am being presumptious by asking for advice.

. . . . If anyone can provide any help and advice on this I would be grateful and I apologise if I have mis-used this service.

You are not being presumptuous asking for advice and you have not misused this service.

The forum is here to help members such as you who have received court claims.

I support the forum's objective.

Let's see where we go from here

Di

[pt2537]

Re: Cabot and Restons CCJ

Loan was made under duress?

Right, this is becoming very silly, you suggest you understand the legislation then make ridiculous comments which suggest you do not. There are many reasons an agreement can be declared unenforceable, for example a breach of s78 CCA 1974, or a failure to adhere to the requirements of s90 CCA, or even a failure to give cancellation rights, or maybe a failure to give a statement under s77A CCA.

Unless you can offer something constructive????

[Guest]

Re: Cabot and Restons CCJ

Right, this is becoming very silly, you suggest you understand the legislation then make ridiculous comments which suggest you do not. There are many reasons an agreement can be declared unenforceable, for example a breach of s78 CCA 1974, or a failure to adhere to the requirements of s90 CCA, or even a failure to give cancellation rights, or maybe a failure to give a statement under s77A CCA.

Unless you can offer something constructive????

Yes i do understand legislation.....the agreement is cancelled s78 does not apply to a non running regulated agreement. Will i now recieve an appology or will the post be deleted?

[Diana M]

Re: Cabot and Restons CCJ

Yes i do understand legislation.....the agreement is cancelled s78 does not apply to a non running regulated agreement.

Unless I'm wrong the OP says this was a fixed term loan which would (should) have been regulated under section 77 CCA not section 78?

See my post # 16

Di

[Guest]

Re: Cabot and Restons CCJ

Your loan is a running account agreement and creditor has a duty to give info on that account. Get in debt for non payment and eventually the running account will be cancelled due to dishonouring your contract. That is why i say ask for proof of signed agreement without the £1

Op person is going to send £1 so the cabot knows it is not a running regulated agreement anymore it is a DEBT OWED.

[pt2537]

Re: Cabot and Restons CCJ

Yes i do understand legislation.....the agreement is cancelled s78 does not apply to a non running regulated agreement. Will i now recieve an appology or will the post be deleted?

nope,and er nope, because im afraid that this line of argument is manifestly wrong, the FCA take the same view too by the way.

You seem to be suggesting the Rankine v Amex position suggested by HHJ Simon Brown, the problem is of course, the Rankine argument is nothing more than obiter, in Rankine the section 78 request had been complied with so the contention that when the agreement ends there is no longer any need to comply is obiter,

But in any event, if one looks to the statute, it tells us when s78 doesnt apply, which im surprised you werent aware of

(3)

Subsection (1) does not apply to—

(a)

an agreement under which no sum is, or will or may become, payable by the debtor, or

(b)

a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

[Guest]

Re: Cabot and Restons CCJ

There is an application for a loan, that loan is agreed and becomes a regulated agreement on a running account. The creditor has a duty to give debtor information on that running account. Debtor fails to pay agreed amount every month and eventually the contract is cancelled, there is no running account any longer and the regulator would agree with creditor that he has the right to enforce the debt.

The courts say that pre action protocol must be done which is negotiating best way to settle this dispute, if creditor and debtor cannot settle then a judge will be used. Was there a contract? Of course there was and creditor will win.

[Guest]

Re: Cabot and Restons CCJ

Subsection (1) does not apply to—

(a)

an agreement under which no sum is, or will or may become, payable by the debtor, or

(b)

a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

Makes absolute sense that s1 does not apply if the debt has been paid in full

[Diana M]

Re: Cabot and Restons CCJ

Was there a contract? Of course there was and creditor will win.

Golly you make that sound so simplistic.

I've just spent three days in court where the Judge took the view that although there was a contract it was irredeemably unenforceable. The creditor did not win.

This meant the claim of £71k (including legal costs) was thrown out.

Please don't spook the member who has started this thread in the hope of getting informed advice.

Di

[Guest]

Re: Cabot and Restons CCJ

I am not spooking anyone, i am simply giving advice for the op. That advice is that he should contact cabot for proof that cabot have authority to collect the debt that has not been paid. Sending a £1 for that info suggests that the account is still running and regulated which it is not due to the contract being cancelled.

If the account is cancelled then there is no running account to regulate and it becomes a debt owed in full.

Look at a mortgage payment where the mortgage supplier has a duty to send updates every month to the mortgagor

I think you should also read s10

[warwick65]

Re: Cabot and Restons CCJ

Give the full citation please.

Carey v HSBC Bank PLC [2009] EWHC 3417 QB

[nelsonian]

Re: Cabot and Restons CCJ

I'll be happy to answer that question in due course.

You say the loan was taken out in 2005.

What was the term of the loan (expiry date) if it had run it's natural length? This may be relevant to your potential Statute Barred argument.

At what point/date did you stop paying?

Were you served with a Default Notice at any time?

Were you served with a Termination Notice at any time?

Did you have PPI on this loan?

Di

Hi Diana

Thanks for your offer of help.

I've replied to the questions you raised by a private message. Can you let me know if you received it please?

[Diana M]

Re: Cabot and Restons CCJ

Hi Diana

Thanks for your offer of help.

I've replied to the questions you raised by a private message. Can you let me know if you received it please?

Yes I have and I've just replied.

Di

[Diana M]

Re: Cabot and Restons CCJ

It seems your PM Inbox is full so you may need to delete some messages in order to receive mine.

Di