CCA produced after 12 months

[Duffers Mum]

Re: CCA produced after 12 months

2 years after my last post when I thought they and got the hint, Cabot re-emerged from their swamp..I ignored them and now have letter from Marlin who I understand are rather nasty and are more than likely to take this to court. I have written to them stating that my cca request has not been fulfilled properly (i have 5 sets of t&cs sent over the years, all of which Sainsburys and Cabot have said fulfil my request but I have no idea which set are supposed to relate to when), I also received no statements from Cabot in connection with all the internet they unlawfully charged, so that will be my next request, then there are the 2 default notices I received, neither of which give the required 14 clear days for payment.

in the interim between 2012 and now Cabot passed it over to Wright Hassle Solicitors, but they handed it back to Cabot when Wright Hassle advised me they could not find the default notice(s).

any guidance about whether I am doing this correctly would be most appreciated!

thanks

[gallahad]

Re: CCA produced after 12 months

Have you checked that the 5 sets of T&cs all match?
When does this become statute barred (6 years from last payment) ?
G

[FlamingParrot]

Re: CCA produced after 12 months

2 years after my last post when I thought they and got the hint, Cabot re-emerged from their swamp..I ignored them and now have letter from Marlin who I understand are rather nasty and are more than likely to take this to court. I have written to them stating that my cca request has not been fulfilled properly (i have 5 sets of t&cs sent over the years, all of which Sainsburys and Cabot have said fulfil my request but I have no idea which set are supposed to relate to when)

Presumably you got a notice of assignment to Marlin and you've replied saying Cabot are in default of your CCA request. Well done. :thumb:

I also received no statements from Cabot in connection with all the internet they unlawfully charged, so that will be my next request, then there are the 2 default notices I received, neither of which give the required 14 clear days for payment.

Keep these very safe but don't mention the DNs at all in your correspondence. :tinysmile_kiss_t4: They will come in very handy if they take you to court. Are these two separate accounts or why are there two DNs? :confused2:

in the interim between 2012 and now Cabot passed it over to Wright Hassle Solicitors, but they handed it back to Cabot when Wright Hassle advised me they could not find the default notice(s).

any guidance about whether I am doing this correctly would be most appreciated!

If I read this correctly, Cabot have now sold the debt to Marlin so Wright Hassle are out of the picture. Marlin would normally use Mortimer Clarke or sometimes Restons, both are very fond of the Moneyclaim Online website, so you need to be prepared to respond to any letters from them.

Sounds like you are doing the right thing. If you hear from Marlin or any solicitors do post up as soon as you do. :typing:

[Duffers Mum]

Re: CCA produced after 12 months

I understood Marlin to be part of the same group as Cabot, they have not said they've assigned it they are just instructed in the recovery..

unfortunately I kept on paying Sainsburys token payment up until they flogged it to Cabot so it doesn't become statute barred until June 2016. All my others have become statute barred now. This no longer shows on my credit file as,the default and account dropped off last year.

the default notices are for,the same account one in 2007 and the other in 2008, have no idea which one i should rely on if necessary, the first gives 14 days but does not allow time for service, the second gives 5 days!

[FlamingParrot]

Re: CCA produced after 12 months

I understood Marlin to be part of the same group as Cabot, they have not said they've assigned it they are just instructed in the recovery..

Oh sorry I forgot they bought Marlin only last year, hard to keep track of all those mergers and acquisitions!

the default notices are for,the same account one in 2007 and the other in 2008, have no idea which one i should rely on if necessary, the first gives 14 days but does not allow time for service, the second gives 5 days!

That sounds very dodgy, there should be only ONE DN for each account, issued when you first break the agreement and stop making contractual payments, not a year later.

[Duffers Mum]

Re: CCA produced after 12 months

I agree it was strange to get 2 but I have them safely in my file! It was the second one which ties in with when the default was placed on my credit file..

Cabot also added interest of over £2,200 onto the account balance which I don't think they are allowed to do are they? Plus I never received any statements from them showing those charges..the first statement I received was when they made contact again at the end of last year

[Duffers Mum]

Re: CCA produced after 12 months

Have you checked that the 5 sets of T&cs all match?
When does this become statute barred (6 years from last payment) ?
G

2 sets of t&cs are the same, the other 3 are all different, they are just on normal A4 paper and probably just copied and pasted over from a word document, but of course I can't prove this

[gallahad]

Re: CCA produced after 12 months

The fact that they are different versions may assist if you have to defend in court.
G

[nemesis45]

Re: CCA produced after 12 months

2 sets of t&cs are the same, the other 3 are all different, they are just on normal A4 paper and probably just copied and pasted over from a word document, but of course I can't prove this

Did you ever make a Subject Access Request to the Original Creditors on this.

nem

[Duffers Mum]

Re: CCA produced after 12 months

Yes I did but I'm damned if I can find all the stuff they sent through, not got a clue where I have put it, should I send another?

[nemesis45]

Re: CCA produced after 12 months

Not a bad idea!
nem

[Duffers Mum]

Re: CCA produced after 12 months

Will have another look tomorrow amd if I can't find it will send another off on Monday..I never actually understood what I was supposed to be looking forward in all the stuff they sent though!

[Duffers Mum]

Re: CCA produced after 12 months

Am I correct in thinking that as this is an account which was opened over 10 years ago that should provide all the terms and conditons whenever amended from opening till default or is it just the terms and conditions from when opened and at time of default? I keep reading conflicting things!

[FlamingParrot]

Re: CCA produced after 12 months

Am I correct in thinking that as this is an account which was opened over 10 years ago that should provide all the terms and conditons whenever amended from opening till default or is it just the terms and conditions from when opened and at time of default? I keep reading conflicting things!

In theory they should provide you with the terms from inception (when you opened the account) as well as varied terms during the life of the account, however, it is the ones from inception that really count for the purpose of enforceability. They need to show there was a properly executed agreement containing all the prescribed terms when you opened the account.

Section 78 of the CCA refers to running-account (revolving) credit, such as credit cards:

78 Duty to give information to debtor under running-account credit agreement.

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the state of the account, and

(b) the amount, if any currently payable under the agreement by the debtor to the creditor, and

(c) the amounts and due dates of any payments which,b if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

[FlamingParrot]

Re: CCA produced after 12 months

2 sets of t&cs are the same, the other 3 are all different, they are just on normal A4 paper and probably just copied and pasted over from a word document, but of course I can't prove this

Did you ever make a Subject Access Request to the Original Creditors on this.

Banks will often argue that T&Cs don't have to be supplied in response to a SAR because it's a request for personal data and terms are not personal data.