Saffy v Cabot / Barclaycard

[Curlyben]

Re: Saffy v Cabot / Barclaycard

I thought you'd already sent them that one ??

[Sapphire]

Re: Saffy v Cabot / Barclaycard

Nahhhhhh I thought we'd let them stew, so then do you think they are ready for it, or shall we make them wait a while longer, or would you like to adjust it slightly to suit and really pish them off ?

[Curlyben]

Re: Saffy v Cabot / Barclaycard

Send the bloody thing already !!!

We KNOW they have nowt and are wasting lots of trees harassing you, or not

[Sapphire]

Re: Saffy v Cabot / Barclaycard

Being printed off and posted as we speak lol. Lets see what crap they come back with now.

[Sapphire]

Re: Saffy v Cabot / Barclaycard

I got a reply lol, what part of the letter didn't they understand ? Oh yes was it the bit that says do not reply to me unless its an apology etc etc.

Here it is.........

Acknowledging your complaint

I refer to your letter, which was received in our office on 29 June 2009.
I regret that you have felt the need to contact Cabot Financial (Europe) Ltd (Cabot) to express your dissatisfaction regarding our service.
We are currently investigating your concerns and shall aim to provide you with our response within 10 working days. However, in the even we cannot respond within this time limit, we shall notify you as to when you may reasonably expect a response from us.
Please also find enclosed a leaflet, which sets out the process that we will take in order to deal with your complaint.
In the event you remain dissatisfied with outr service and/or response after 8 weeks from the date we received your complaint, you may refer your complaint to the Financial Ombudsman Service (FOS). You will be able to find details about the Financial Ombudsman Service in the enclosed leaflet.

yours etc

[Curlyben]

Re: Saffy v Cabot / Barclaycard

Twunts

[pt2537]

Re: Saffy v Cabot / Barclaycard

is that a claim for declaratory relief pursuant to s142(1) CCA 1974 i see coming over the horizon for Mr Crapbot

[Sapphire]

Re: Saffy v Cabot / Barclaycard

Well Curly I suppose if they are engaging in the exchange of the written word with me they are leaving some other poor soul alone rofl.

and ....

It could be pt if I knew what you are talking about hun :kiss: explanation in PIL please lol.

[pt2537]

Re: Saffy v Cabot / Barclaycard

Ah ha

Declaratory relief eh?

Right then

if the credit agreement it what is called "Improperly Executed" ie it fails to contain within it the Prescribed terms or is unsigned by you then there is a mechanism that is set out with in the CCA 1974 that allows you to raise the matter in court and ask the court to declare the agreement unenforceable due to the breaches of the Act

so the order of the court is the "Declaratory Relief" that i refer to you see.

[Sapphire]

Re: Saffy v Cabot / Barclaycard

Clever Eh ! Normally I wouldn't go this route and would make arrangements to pay anyway, but as Cabot have not only pished me off but thousands of others too then I personally believe they deserve all that comes to them.

[Amethyst]

Re: Saffy v Cabot / Barclaycard

PT - could you explain please the pro's, con's and risks associated with taking this form of action.

Thank you.

Ame
xx

[pt2537]

Re: Saffy v Cabot / Barclaycard

Hi,

Yes sure,

ok,

The pros, they are clearly that the agreement is declared unenforceable by the court and you win, which in turn allows you to recover your costs in doing so.

the cons, well, if you lose then the lender will get their costs possibly and the court could order that the agreement, while being improperly executed, is now allowed to be enforced against you.

so it is a risk,

i have to say that, when i run this type of case, its on a Conditional Fee Agreement basis, and i have delegated authority to place the claimant on legal expense insurance cover tooo to cover the costs risk.

i do concede there is a risk here, but you have to weigh that up with the risk of doing nowt and being sued by the other side and getting a CCJ against you

the other point i would make is that, under s127(2) the court has the power, where it finds the agreement is enforceable, to discharge the debt or reduce it to a manageable level as the court did in Rank Xerox vs Hepple where a debt oif £5000 was reduced to £500

I hope this assists

[Amethyst]

Re: Saffy v Cabot / Barclaycard

Perfick, thanks PT xx

weigh that up with the risk of doing nowt and being sued by the other side and getting a CCJ against you

You can use the unenforceability as a defence if they claim against you - your upfront outlay is minimal then although still risk costs if they win. Although you still suffer DCAs etc in the meantime you can kick most of those into touch quite easily.

Declaratory relief, being bought by the consumer without instigation from lender etc threatening claims againt you, I think is only useful for people who arent risking being sued by lenders already but just want to write off their debts despite being able to pay them and can afford to take the risk.

I assume the hope is intial court papers will make the bank / lender say ok, we'll write it off and not chase, before you get that far ?

[Paule]

Re: Saffy v Cabot / Barclaycard

Pt

If you have it in writing from the bank that they don't have the agreement and admit they cant enforce it, but state they will still record info at the Credit Ref agencies, what position does that put you in

[pt2537]

Re: Saffy v Cabot / Barclaycard

a difficult one to be honest

The route we use is to seek the declaration that the agreements unenforceable and that the data should be removed as a consequence. its a secondary issue to be honest in the claims we bring, the main thrust of the arguments is the agreements unenforceable