recon agreement from cabot

[barney47]

Hi guys, a letter popped through the door this morning from cabot with what they say is a reconstituted credit agreement, they have sent a very small photocopied agreement (hardly readable) with no address, dates or signature, there is also a badly copied 'conditions of use, which forms part of the agreement (half of it is upside down!!!) all the payments seem to be there on 4 pages though....one sheet just has a box saying 'once you sign this agreement you will for a short time a right to cancel'

I am a bit confused and need some help as i dont have a clue what i am looking at!!!!

[MIKE770]

Re: recon agreement from cabot

Hi guys, a letter popped through the door this morning from cabot with what they say is a reconstituted credit agreement, they have sent a very small photocopied agreement (hardly readable) with no address, dates or signature, there is also a badly copied 'conditions of use, which forms part of the agreement (half of it is upside down!!!) all the payments seem to be there on 4 pages though....one sheet just has a box saying 'once you sign this agreement you will for a short time a right to cancel'

I am a bit confused and need some help as i dont have a clue what i am looking at!!!!

For a start why not upload minus any of your personal details for peeps to see how bad it is??:okay:

[barney47]

Re: recon agreement from cabot

As you can see or not as the case may be there is no date, sig, or address

[basa48]

Re: recon agreement from cabot

Well without your signature there is no real proof that you saw or agreed to or signed such a contract. Without a lot more convincing I don't think a court could enforce that.

Did you get a Default Notice at any time?

You need to take care what you write to BC. You have admitted here you "don't have a clue", you don't want BC to know that!!

[dantheman]

Re: recon agreement from cabot

I thought that the signature didn't have to be included after the Manchester case, but it HAD to have your name and address at the time of the agreement. This is one of the issues I am having with Cabot about Monument and MBNA.

[basa48]

Re: recon agreement from cabot

I thought that the signature didn't have to be included after the Manchester case, but it HAD to have your name and address at the time of the agreement. This is one of the issues I am having with Cabot about Monument and MBNA.

A signature doesn't need to be included for a response to a section 78 request, that is a request for information purposes. But:

In order to satisfy section 61 (that the agreement was properly executed) a creditor has to show that a compliant agreement (i.e. a document containing all the required terms) was signed by the debtor. The requirement to satisfy s61 was suggested by HHJ Waksman at para 173 of his judgment.

Also he stated at para 108 of his judgment that when an agreement has been varied (and most agreements more than a few years old will have been) "I conclude that Reg. 7 [of the Cancellation Regulations 1983] requires a copy of the executed agreement in its original form...".

[barney47]

Re: recon agreement from cabot

Well cabot sent me another copy which is a bit better so I am continuing with payment for this account with a view to a F+F in a couple of months.

I have another account with Cabot for £9000 which I sent a CCA request to them on the 7th March 2011, they have sent 3 letters back saying its taking some time blah blah but I have heard nothing for 2 months now, I am still paying them each month!!!

Should I sent them a request under CPUTR 2008 to confirm whether they are in posession of the original CA relating to this account?

Should I continue to pay them?

HELP!!!

P.S I hope CB can answer this for me!!!!!!!!!

[h197]

Re: recon agreement from cabot

In order to satisfy section 61 (that the agreement was properly executed) a creditor has to show that a compliant agreement (i.e. a document containing all the required terms) was signed by the debtor.

...so, is it possible to request CCA copies under s61, instead of s77/78 as has been done so far...?

Apologies for my "ignorance", but I trying to learn from asking questions...:tinysmile_hmm_t2:

(Please also do look at my post and do not hesitate to advise!)