CCA produced after 12 months

[Duffers Mum]

Today I received what Cabot say is a copy of my CCA which I asked for over a year ago..in that time they have added over £1000 in interest/charges. The document is indeed what I signed, although no T&C's pertaining to the date the acccount was opened have been provided.

I have not been paying anything on this because I was waiting to see what they produced (after giving me a dodgy recon).

Anyway my circumstances have changed since their first contact, in that i'm now one of the great unemployed with a disability which will prevent me from gaining any decent employment in the future. I can only claim JSA for 6 months and then they expect my DH to provide for me (charming after paying NI all my working life :tinysmile_hmm_t2: )

I do have an amount I can offer them as a F&F, its approx 10% of the outstanding balance. Should I offer them this or should I just offer them £1 per month as realistically that will be all I can afford in the long term?

If this was to go to court what would be the likely outcome as I'm unemployed?

Thanks

[labman]

Re: CCA produced after 12 months

If it went to court, you'd be ordered to pay what you can afford having been asked to fill in an IE form.

I'd be inclined to write to the company and give them the two options, 10% in F&F or £1 for the next x years.

I would have thought £1 per month would be a realistic repayment expectation from a judge, and definitely no more than £5.

[Duffers Mum]

Re: CCA produced after 12 months

Thank you..I have a letter ready to go off offering the 10% if they decline i'll offer them £1 per month...personally i think they'd be daft to decline it..but this is Cabot we're talking about!

[Angry Cat]

Re: CCA produced after 12 months

Today I received what Cabot say is a copy of my CCA which I asked for over a year ago..in that time they have added over £1000 in interest/charges. The document is indeed what I signed, although no T&C's pertaining to the date the acccount was opened have been provided.

I have not been paying anything on this because I was waiting to see what they produced (after giving me a dodgy recon).

Who was the original creditor?
And, in which year did you make the original application for credit?

[Duffers Mum]

Re: CCA produced after 12 months

Sainsburys and it was 2002, would also say I've a couple of dodgy DN's from the original creditor too!

[Gorang]

Re: CCA produced after 12 months

Sainsburys and it was 2002, would also say I've a couple of dodgy DN's from the original creditor too!

Have you checked your credit reports to see if any of the DN dates match up with what has been recorded as the default date, and who recorded the default

10 to 1 they don't match up

[Duffers Mum]

Re: CCA produced after 12 months

Sainsburys listed the original default and Cabot took it over, I received 2 DN's from Sainsburys and both were defective but I understand that that route has also been changed now...don't know why we have the CCA to tell the truth, these companies can just do what they like the courts just let them

[teaboy2]

Re: CCA produced after 12 months

Can i just say that since they have not provided the T & C's then they have still not fully complied with the CCA request and any agreement without the T & C's can not be enforced by a court as it is invalid without the T & C's. So they are still in Default of the OPs original CCA request.

If the DNs are invalid then the law is clear thay can not enforce the debt and if they have sold the account then sainsbury are not in a position to re-issue a DN to correct the invalid ones. And again the invalid DN makes the debt unenforceable in court too.

[Gorang]

Re: CCA produced after 12 months

but I understand that that route has also been changed now...

Sorry but what route do think has changed?

[teaboy2]

Re: CCA produced after 12 months

I think Duffers Mum is reffering to the Brandon V Amex case i believe. Though really it has not changed anything as the law takes precendent and the law is clear that they must allow 14 calander days for rememdy prior to terminating or enforcing the debt, and if remedied then the default is to treated as not having occured, which simply is not possible if they have already sold the account on to a DCA.

[Angry Cat]

Re: CCA produced after 12 months

Can i just say that since they have not provided the T & C's then they have still not fully complied with the CCA request and any agreement with the T & C's can not be enforced by a court as it is invalid without the T & C's. So they are still in Default of the OPs original CCA request.

Quite so.

Cabot know this but as ever it does seem to stop them from misleading the consumer...

Naughty Cabot!

[Duffers Mum]

Re: CCA produced after 12 months

I understand that they have not fully complied with my CCA request and I have told them as much in my covering letter..I received the same document from Sainsburys when I originally sent in my CCA request and others on another forum all said it was not compliant, especially as the T&C's were not from the correct date.

My understanding (from another forum and forgive me if i'm wrong) is that a DCA can now rectify a non compliant Default Notice as soon as they are made aware of it.

I really just want them to accept my F&F, even though I have always tried very hard not to pay a penny to a DCA, preferring to deal with the original company. My defaults will all drop off within 3 years now and I don't want to risk a CCJ messing up my credit rating after that.

However if they don't accept it, then I guess I will chance my arm if they take me to court!

[New_Age_Biker]

Re: CCA produced after 12 months

Has this been assigned to Cabot?
if so have you received a correct NOA
If this is merely being persued by Cabot & not owned by them your ground is less firm re DN faults
IMHO

[teaboy2]

Re: CCA produced after 12 months

I understand that they have not fully complied with my CCA request and I have told them as much in my covering letter..I received the same document from Sainsburys when I originally sent in my CCA request and others on another forum all said it was not compliant, especially as the T&C's were not from the correct date.

My understanding (from another forum and forgive me if i'm wrong) is that a DCA can now rectify a non compliant Default Notice as soon as they are made aware of it.

I really just want them to accept my F&F, even though I have always tried very hard not to pay a penny to a DCA, preferring to deal with the original company. My defaults will all drop off within 3 years now and I don't want to risk a CCJ messing up my credit rating after that.

However if they don't accept it, then I guess I will chance my arm if they take me to court!

Only the original creditor can reissue a Default notice, as a DCA is not entitled to issue one due to them not being the original party to the agreement. I.e. once its sold to a DCA (Assigned) they become the owners of the account, but the credit agreement ceases to exist, though the debt still does. So because the agreement between you and the original creditor ceases to exist so does the provision to issue a Default notice under section 81 of the consumer credit act which regulates said agreement. So their is no credit agreement regulated under the said act between you and the DCA. Even if sold back the the creditor the creditor can not reinstate the agreement in order to re-issue a valid DN without your consent.

Alot off people misunderstand the Brandon v Amex judgement, which i believe is due for appeal aoon. And the judge in the case made an error in law in his judgement over the DN, as it went against the act itself which is pretty clear that a valid DN is needed and a clear 14 days allowed in the DN for remedy before they can terminate or enforce the debt/account.

[Angry Cat]

Re: CCA produced after 12 months

I understand that they have not fully complied with my CCA request and I have told them as much in my covering letter..I received the same document from Sainsburys when I originally sent in my CCA request and others on another forum all said it was not compliant, especially as the T&C's were not from the correct date.

My understanding (from another forum and forgive me if i'm wrong) is that a DCA can now rectify a non compliant Default Notice as soon as they are made aware of it.

I really just want them to accept my F&F, even though I have always tried very hard not to pay a penny to a DCA, preferring to deal with the original company. My defaults will all drop off within 3 years now and I don't want to risk a CCJ messing up my credit rating after that.

However if they don't accept it, then I guess I will chance my arm if they take me to court!

A debt collection buyer (the new Creditor) cannot rectify an ineffective DN, unless they were the Creditor at the time the DN was served.
An ineffective DN can be rectified. But only by the original Creditor who served the ineffective DN.

Cabot's strategy is, to frighten/scare people into setting up regular payments via direct debit etc.

Please, do not lose sight of the fact that the general consumer is perfectly entitled to request information under the CCA sections 77-79!

In this case the OP has not been provided with full information as is required under sections 77-79. Of course one is presuming that the original 'Terms' were varied?

At the end of the day, it is up to the OP as to whether he/she wants to offer a F&F. for fear of a CCJ.

However, it does indeed smack of harassment and misleading one of the,
many vulnerable general consumers...

One wonders, just when will the OFT rein in the bad business practices employed by Cabot?