CCA produced after 12 months

[Duffers Mum]

Re: CCA produced after 12 months

Thank you for the clarification re DN's and it something I will bear in mind if Cabot don't accept my F&F which of course has conditions attached to it about futher collection activity etc. On the subject of the DN's issued by Sainsbury's one gave 5 days to pay and the other 14 but did not include the time for postage, so i'm assured both are defective, I assume the second one would be the current one as that was effectively correcting the previous one which only gave 5 days?

Cabot own this acccount now, I received the usual NOA in the same envelope so obviously produced by Cabot, so again I presume they will not be able to reissue a DN.

Could the DN point be something which I could argue should it go to court?

[Guest]

Re: CCA produced after 12 months

Thank you for the clarification re DN's and it something I will bear in mind if Cabot don't accept my F&F which of course has conditions attached to it about futher collection activity etc. On the subject of the DN's issued by Sainsbury's one gave 5 days to pay and the other 14 but did not include the time for postage, so i'm assured both are defective, I assume the second one would be the current one as that was effectively correcting the previous one which only gave 5 days?

Cabot own this acccount now, I received the usual NOA in the same envelope so obviously produced by Cabot, so again I presume they will not be able to reissue a DN.

Could the DN point be something which I could argue should it go to court?

i
Hi
The time issue would certainly prevent the creditor from receiving a summary judgement and would have to be considered by the court regarding the amount of prejudice caused (mention the Brandon appeal in your correspondence). This will be decided on a case by case basis and the court could say that no prejudice was caused.
If found to be prejuudicial however it would invalidate the termination and therefore Cabot’s could not seek early repayment of any sums not yet due under the contract. They would have to pass it back to the OC to be correctly terminated.
Peter

[Duffers Mum]

Re: CCA produced after 12 months

This is where I get confused...Cabot own it so how could they pass it back to the original company to terminate? Doesn't make sense to me!

[Guest]

Re: CCA produced after 12 months

This is where I get confused...Cabot own it so how could they pass it back to the original company to terminate? Doesn't make sense to me!

The account can only effectivly be sold to cabots for collection if it has been correctly terminated.

This is one of many thousands of accounts assigned to DCAs if it is not collectable they will just hand it back void the sale and wait for it to be correctly terminated and then re sell.

There is no problem with it being handed back it ws sold as a viable debt it was proven not to be.
You buy a toaster it doesnt work you take it back.
Peter

[mystery1]

Re: CCA produced after 12 months

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.

http://www.bailii.org/cgi-bin/markup...method=boolean

M1

[Duffers Mum]

Re: CCA produced after 12 months

The account can only effectivly be sold to cabots for collection if it has been correctly terminated.

This is one of many thousands of accounts assigned to DCAs if it is not collectable they will just hand it back void the sale and wait for it to be correctly terminated and then re sell.

There is no problem with it being handed back it ws sold as a viable debt it was proven not to be.
You buy a toaster it doesnt work you take it back.
Peter

Thank you for explaining that Peter so effectively then a defective DN is pretty worthless as they will just hand it back, a new DN will be issued, it will then be resold back and off we go again?

[Guest]

Re: CCA produced after 12 months

Thank you for explaining that Peter so effectively then a defective DN is pretty worthless as they will just hand it back, a new DN will be issued, it will then be resold back and off we go again?

HI
No i didnt say that .

If the DCA dont intend taking you to court anyway it is pretty acedemic, it just means they have something less to threaten you with.

If they do, then it means a lot of paperwork and issuing a new compliant default, not as easy as it may seem, especially since they now know that you will be going over the new one with a fine tooth comb, sometimes they decide it is not worth the bother.
Also it gives you a window of opportunity (should you want it )to negotiate with the creditor.
If the case has actually gone to court and proceedings are underway the case may be discontinued on the strength of a none compliant DN, if this is the case the creditor would have to get permission of the court to recontinue after presenting a new DN, all this costs money and solicitors time, unless it is avery large account many creditor are loathe to undertake this.

Peter

[Duffers Mum]

Re: CCA produced after 12 months

Thank you again Peter...its a £9K debt (thanks to their adding interest) so would probably be worth their while to persue in court although with my lack of income they may think otherwise..hopefully they'll accept the F&F and that will be another out of the way!

[Guest]

Re: CCA produced after 12 months

Thank you again Peter...its a £9K debt (thanks to their adding interest) so would probably be worth their while to persue in court although with my lack of income they may think otherwise..hopefully they'll accept the F&F and that will be another out of the way!

HI

No problem may i ask how much was the orriginal debt and who aded the interest .

Peter

[Duffers Mum]

Re: CCA produced after 12 months

I asked Sainsbury's to freeze charges and interest when I started making token payments but they refused so if I remember rightly (and it was 3 years ago!) Sainsbury's added a stack of both before selling it to Cabot, the balance then was about £8.5K and its now £9.7K as Cabot have added almost £100 per month since they took it over a year or so ago.

[Duffers Mum]

Re: CCA produced after 12 months

Received T&C's from Cabot today which they say relate to the time the account was opened, they've asked me to give them income and expenditure details..which i've declined as know i'm not under any obligation to provide these, i've sent them a copy of my JSA award though, hopefully that will be enough for them to see its my 10% offer or sweet fanny adams!

[Duffers Mum]

Re: CCA produced after 12 months

Well I received a response and they have declined my F&F offer, advising that they will accept an amount 7 x times higher than what I offered...What planet are these idiots on..i'm unemployed, with a disability and little chance of a finding a job...I guess now I just wait for them to take me to court...by which time my JSA will have expired and i'll have no income at all..so they won't be getting anything. I'm still not totally convinced they have complied properly with my CCA request but as my judges don't seem to care about this anymore I can't even go down that route now. Looks like i'm stuffed

[teaboy2]

Re: CCA produced after 12 months

Write back repeating your offer making it clear your disabled and on JSA and that if they do not accept your FULL AND FINAL, then all there are going to get is a big fat ZERO. Don't mention anything about the DN just yet, we can save that nice piece of ammunition for if they do decide to take you to court as that ammunition will put a spanner in the works when it comes to their claim in court.

Also mention that if they did take court action (i assume you do not own your property?) then all a judge would order you to pay would be just £1 a month anyway, so its more in their interest to accept your offer then it is for them to take you to court where they would simply lose out even if they did win - which they won't thanks to the invalid DN lol. You may want to tease them with adding a bit about how it doesn't take a rocket scientist to work out they stand to lose more by not accepting your offer and taking you to court.

[Duffers Mum]

Re: CCA produced after 12 months

Thanks for the response I have drafted a reply which I will send next week..I'm really not in the financial position to be able to pay them what I've offered, I'd have to rely on family to help me, so there is no way I could pay them anymore, alas our friends at Cabot don't seem to care about that. if I was to offer them £1 per month, would they stop adding the interest does anybody know?

[labman]

Re: CCA produced after 12 months

I doubt they'd freeze interest and charges without seeing proof of income and expenditure. Only you can choose whether you want to supply this voluntarily.

If you do supply it, there are things you can throw at them if they don't accept and freeze interest. If you don't supply it, you really are in their hands.