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Cabot/Nolans

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  • Cabot/Nolans

    Hello everyone,

    March 2018 I sent a cca request to Cabot as per suggestions I saw on the forums, I heard nothing from them until autumn when they wrote and told me that they didn't have the documents requested and that the debt was currently unenforceable, but should the documentation become available they would send it and the debt would be enforceable again.

    Yesterday I recieved a letter from them saying they had enclosed all the relevant information (I have added images of the paperwork I have received).

    Today I have received a letter from Nolans Solicitors telling me that Cabot are prepared to accept installments and want me to fill out an income and expenditure.

    Before I sent the cca request Nolans were heading for court action.

    We don't no what to do or how to get out of the mess we are in, we owe around 12k, only my husband works and we are barely managing to cover the debts that aren't chasing us.

    Any advice would be much appreciated.

    Tags: None

  • #2
    That's all they have sent you ? ( that's not a credit agreement nor a recon of a credit agreement )

    This - https://legalbeagles.info/forums/fil...hotoid=1446453 - looks like it could be the final page from the executed agreement but there's zero prescribed terms there so far - they have reference which terms apply ( ref N21E29VB ) so should really be able to find them, particularly for a 2012 agreement.

    Any idea when the account defaulted ?

    This one is for £2k. ( so you have another £10k of debt - are you dealing with that and not just chasing your tails? might be worth a chat with Stepchange or CAB if you're constantly robbing one hand to pay another )

    #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


    • #3
      There is 2 more sheets that are Credit Card Agreement Regulated By the Consumer Credit Act 1974, which was then followed by the sheet that was signed on behalf of Vanquis Bank, sorry I should have scanned that too, my head is all over the place.

      Comment


      • #4
        Ahh that's fine. Yes they're the important bits Are there also all the relevant terms and conditions with it ?
        #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


        • #5
          More images as I honestly have no idea what i'm looking at, sorry.

          Comment


          • #6
            I think I defaulted in 2016, but can't remember, we are making all our payments, but it is tight at the end of the week, never have much if anything left.

            Comment


            • #7
              Aye think most are in the same boat these days.... is this the only one you've got defaulted and gone to collections/court ? any others lurking that could pop up ?

              Keep on top of Priorities of course, utilties, mortgage/rent, food and whatnot. You could speak with Stepchange about reorganising the rest if you feel like your fighting alosing battle and everything is just heading this way. They might have some thoughts about a break ( breathing space ) and a bit of a rejig of payments.


              Looking at that Recon agreement there is an issue that it doesn't contain your name and address. I'm not sure this

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              cuts the mustard as per the prescribed terms

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              Also this made me smile - Capital One's website says
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              and the agreement shows this. ...

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              what on earth ?!?!?!

              I'm just going to see if someone can look in on that address issue - though to be honest it seems something that would be easily fixed.

              Attached Files
              #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


              • #8
                Originally posted by Calibraturbo View Post
                Hello everyone,

                March 2018 I sent a cca request to Cabot as per suggestions I saw on the forums, I heard nothing from them until autumn when they wrote and told me that they didn't have the documents requested and that the debt was currently unenforceable, but should the documentation become available they would send it and the debt would be enforceable again.

                Yesterday I recieved a letter from them saying they had enclosed all the relevant information (I have added images of the paperwork I have received).

                Today I have received a letter from Nolans Solicitors telling me that Cabot are prepared to accept installments and want me to fill out an income and expenditure.

                Before I sent the cca request Nolans were heading for court action.

                We don't no what to do or how to get out of the mess we are in, we owe around 12k, only my husband works and we are barely managing to cover the debts that aren't chasing us.

                Any advice would be much appreciated.
                What the actual £$%^ is that? Its not a credit agreement thats for sure, its a cock up at best !!!!
                I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                If you need to contact me please email me on Pt@roachpittis.co.uk .

                I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                You can also follow my blog on consumer credit here.

                Comment


                • #9
                  Indeed - They have tried a little bit harder though here - https://legalbeagles.info/forums/for...72#post1446472
                  #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


                  • #10
                    Everything else is up to date, I setup sperate bank accounts for bills, rent and council tax so I knew what we had left for shopping etc, will look in to Stepchange and discuss it with hubby.

                    Thank you for the responses, it's much appreciated even though I am still confused.

                    Comment


                    • #11
                      Well the agreement is a fudge, worst than Mays Brexit proposals , im not really sure what to add, the interest rates clearly are bullshite the agreement doesnt have a name or address for the debtor so is clearly not compliant and the current terms do not appear to have been provided either
                      I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                      If you need to contact me please email me on Pt@roachpittis.co.uk .

                      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                      You can also follow my blog on consumer credit here.

                      Comment


                      • #12
                        This is only a fraction of the documentation we would look to push Nolans/Cabot for if this matter came to court. I'd be happy to speak to you about how you might want to handle this - we have not lost a single one of the many credit card debt cases we have handled for clients to date.

                        Comment


                        • #13
                          Originally posted by ScottishSolicitor View Post
                          This is only a fraction of the documentation we would look to push Nolans/Cabot for if this matter came to court. I'd be happy to speak to you about how you might want to handle this - we have not lost a single one of the many credit card debt cases we have handled for clients to date.
                          I would appreciate any advice on how to handle this, I have no idea where to go from here.

                          Comment

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