Help Would Be Much Appreciated

[mystery1]

Re: Help Would Be Much Appreciated

Thank you.

Mystery1, have you heard of section127 (3) of the consumer credit act, would this be of any good to me as the credit card agreement was from the year 2000.

Yes and maybe.

Can you remember signing up for the card ? How, when, what etc ? Have a copy of the paperwork filed away somewhere ?

M1

[oconelec]

Re: Help Would Be Much Appreciated

Evening Mystery1.

Again thanks for the reply.

As far as i can recollect, the card was applied for online, at the moment i cant find the consumer credit agreement for this but it was opened in 2000 a card by Halifax, funnily enough i have every monthly statement for this card from the year 2000, but i will need to dig deeper to see if i can find the agreement.

[oconelec]

Re: Help Would Be Much Appreciated

Mystery1.

Thanks, by you asking if i had any paper work in regards to this Halifax account ive just realised i had been also paying PPI from 2000 on this card, im wondering if i can claim this back or if it's too late.

[mystery1]

Re: Help Would Be Much Appreciated

Do you recall ever signing anything and sending it back ? What it was if you did ?

M1

[oconelec]

Re: Help Would Be Much Appreciated

Thanks mystery1.

No i can not remember if i signed any document at the time, i have problems remembering what ive done 16 months ago never mind 16 years ago.

[oconelec]

Re: Help Would Be Much Appreciated

mystery1.

would the onus be on me to prove i did not sign an agreement 16 years ago.

[mystery1]

Re: Help Would Be Much Appreciated

It depends.

If they say you would have as that's the system blah blah blah then yes you would. Whilst in response you could say i didn't. It then comes down to who is believable. Obviously the better your recollection the more chance you are the one believed.

At that time you could not sign electronically and absent a signature they have an issue.

M1

[oconelec]

Re: Help Would Be Much Appreciated

That's all very interesting, but strange that it would come down to really a toss of the coin whom should be believed.

It sounds as though these company's such as Cabot could find it difficult to prove an agreement exists if the credit card was taken out prior 2006.

- - - Updated - - -

I am also under the impression that if the case is found unenforceable because its an agreement prior to 2006 and the agreement can not be substantiated then it would become unenforceable for ever.

[mystery1]

Re: Help Would Be Much Appreciated

It sounds as though these company's such as Cabot could find it difficult to prove an agreement exists if the credit card was taken out prior 2006.

Not really. There will be statements etc. They will find it hard if the defendant has good evidence (a great recollection of it or even better paperwork) of non compliance with statute.

I am also under the impression that if the case is found unenforceable because its an agreement prior to 2006 and the agreement can not be substantiated then it would become unenforceable for ever.

Aside a successful appeal, yes. Don't forget that in Scotland a debt prescribes after 5 years of inactivity following the creditor having a right of action which is different to those south of the border. Ideally though, you'd want a declaration of unenforceability under cca s142.

M1

[oconelec]

Re: Help Would Be Much Appreciated

Hi mystery1.

I just noticed that the credit card account was not initially opened with Halifax but with Bank1One, which the Halifax bought over in the year 2000, the year i took out the card. What are the chances they could ever recover a signed agreement from then & from Bank1one.

[mystery1]

Re: Help Would Be Much Appreciated

Pretty low i'd think. A s78 copy doesn't need it though.

M1

[mystery1]

Re: Help Would Be Much Appreciated

When there on Thursday i'd advise you to watch the debate and the other CFUK pre proof hearing as well as the other lending ones if possible.

If you get the chance, ask if CFUK are licensed. They're not but it may not matter if they have an agreement to use someone elses.

M1

[oconelec]

Re: Help Would Be Much Appreciated

mystery1.

I have just noticed on the writ that they are down as Cabot Financial (UK) Ltd, as far as i can make out, they now operate as Cabot Financial Marlin Ltd or Europe, so are Cabot Financial Uk Ltd actually licensed?.

[oconelec]

Re: Help Would Be Much Appreciated

On a side note.

Say that Cabot do come up with some CCA agreement with the Halifax heading what ever, surely this would be wrong to claim as an agreement as the account was actually opened with Bank1one, so would the agreement not have to show Bank1one?.

[mystery1]

Re: Help Would Be Much Appreciated

mystery1.

I have just noticed on the writ that they are down as Cabot Financial (UK) Ltd, as far as i can make out, they now operate as Cabot Financial Marlin Ltd or Europe, so are Cabot Financial Uk Ltd actually licensed?.

They are not but are allowed to have an agreement to use someone elses.

On a side note.

Say that Cabot do come up with some CCA agreement with the Halifax heading what ever, surely this would be wrong to claim as an agreement as the account was actually opened with Bank1one, so would the agreement not have to show Bank1one?.

The heading is almost unimportant, however the parties to the agreement MUST be correct.

M1