CCA request for card taken out in late 1980's

[sidley]

Re: CCA request for card taken out in late 1980's

Hi Diana,
Thanks again for your help.

No I haven't told Cabot that the s.77-79 CCA request has not been complied with yet. In my previous experience with a DCA (re Barclaycard) dealing with the DCA was a waste of time and effort. They sent me any old junk with the assertion that this satisfies the CCA request. Then they started upping the rhetoric with legal threats and bogus solicitors letters. 'Bogus' in the sense it is a reproduced letterhead with the solicitors permission. SRA stated that although it is frowned upon, there is nothing they can do. The legal firm are supposed to keep a check on what is going on in their name, but regularly don't. ( I complained to the SRA, as I thought they were trying to pass themselves off as solicitors).

I will write to Cabot, this week, informing them of the situation. But I'm sure they will write back to me saying they are going to the OC for the documentation and will then send to me the exact same stuff or other doctored/illegible agreements, that they then assert satisfies the s.77-79 CCA request. Or they might write back saying that the OC has recently satisfied your request.

Then I'm back at square 1.

thanks again.
sidley

[nemesis45]

Re: CCA request for card taken out in late 1980's

Hi Diana,
Thanks again for your help.

No I haven't told Cabot that the s.77-79 CCA request has not been complied with yet. In my previous experience with a DCA (re Barclaycard) dealing with the DCA was a waste of time and effort. They sent me any old junk with the assertion that this satisfies the CCA request. Then they started upping the rhetoric with legal threats and bogus solicitors letters. 'Bogus' in the sense it is a reproduced letterhead with the solicitors permission. SRA stated that although it is frowned upon, there is nothing they can do. The legal firm are supposed to keep a check on what is going on in their name, but regularly don't. ( I complained to the SRA, as I thought they were trying to pass themselves off as solicitors).

I will write to Cabot, this week, informing them of the situation. But I'm sure they will write back to me saying they are going to the OC for the documentation and will then send to me the exact same stuff or other doctored/illegible agreements, that they then assert satisfies the s.77-79 CCA request. Or they might write back saying that the OC has recently satisfied your request.

Then I'm back at square 1.

thanks again.
sidley

Hello Sidley,

Having been in at the start of your thread I think you are on track for what you want to achieve and why you want to do it and I think you are getting there just fien.

nem

[Diana M]

Re: CCA request for card taken out in late 1980's

No I haven't told Cabot that the s.77-79 CCA request has not been complied with yet.

. . . I will write to Cabot, this week, informing them of the situation. But I'm sure they will write back to me saying they are going to the OC for the documentation and will then send to me the exact same stuff or other doctored/illegible agreements, that they then assert satisfies the s.77-79 CCA request. Or they might write back saying that the OC has recently satisfied your request.

I think that's a wise thing to do if you want to avoid legal proceedings since Cabot is not psychic. If you don't tell them it's 'unenforceable' due to non-compliance with your CCA Request they won't know.

Make it brief. Simply say that the original creditor (Halifax) has not complied with your s.77-79 CCA Request sent on xx xx xx date.

You could quote the FCA handbook CONC 13.1.6 in case they're in any doubt as to how they should handle this situation. Cabot generally places accounts on hold when they have been made aware.

You can't predict what their response will be because each debt is different. In fact you can't predict what, if anything, the Halifax will send them.

It's Cabot you need to convince that the debt is unenforceable (due to CCA non compliance) not Halifax.

Di

[sidley]

Re: CCA request for card taken out in late 1980's

Thanks Diana & Nem.

I will send Cabot a CCA request with the info suggested. I never know how much or little info I should give them, so your help is gratefully appreciated.

sidley

[sidley]

Re: CCA request for card taken out in late 1980's

Hi All,

Just received this in the post this morning. An Application form 50/50 legible - I will post the 3 pages when I have chance to redact it.

And this last page, again some of which is barely legible. It also refers to " please also see conditions 15 and 19 in the Halifax Credit Card Conditions leaflet" which, as I have said, they have not sent.

One page of the application form is so badly photocopied that one half looks as though the print fades away (right side of the page).

What should I do now? I have sent the letter to Cabot as mentioned in my last post.

Thanks in advance.

sidley

[nemesis45]

Re: CCA request for card taken out in late 1980's

Hi All,

Just received this in the post this morning. An Application form 50/50 legible - I will post the 3 pages when I have chance to redact it.

And this last page, again some of which is barely legible. It also refers to " please also see conditions 15 and 19 in the Halifax Credit Card Conditions leaflet" which, as I have said, they have not sent.

One page of the application form is so badly photocopied that one half looks as though the print fades away (right side of the page).

What should I do now? I have sent the letter to Cabot as mentioned in my last post.

Thanks in advance.

sidley

Hello sidley.

This is odd I replied to this earlier, the " agreement " cannot be considered compliant without those terms mentioned but not present so it cannot be a " true " copy of the original agreement.

nem

[MIKE770]

Re: CCA request for card taken out in late 1980's

Hi All,

Just received this in the post this morning. An Application form 50/50 legible - I will post the 3 pages when I have chance to redact it.

And this last page, again some of which is barely legible. It also refers to " please also see conditions 15 and 19 in the Halifax Credit Card Conditions leaflet" which, as I have said, they have not sent.

One page of the application form is so badly photocopied that one half looks as though the print fades away (right side of the page).

What should I do now? I have sent the letter to Cabot as mentioned in my last post.

Thanks in advance.

sidley

upsidedown cricked me neck lol

[sidley]

Re: CCA request for card taken out in late 1980's

Thanks nem & Mike,

Even odder the " application form - dated 1998 - also states at the top that it was completed at my local branch (in my small town). Problem is my small town has never had a local Halifax branch! The only banks we've had are HSBC (gone) Natwest (gone) Barclays (threatened with closure).

[sidley]

Re: CCA request for card taken out in late 1980's

Have attached redacted 'application form' 4 separate pages.

Now from halifax, in the last 3 week,s they have sent me two entirely different "original agreements" with only partial T&Cs which could be from the original- I don't know.

APR is different and the dates are obviously different. Penalties also different ( I think, because the photocopy is bad at points - I'm guessing here).

So, firstly can I have peeps opinion on the ones posted?

Secondly, who owns this disputed account? According to Cabot, Marlin V own it. According to Halifax they own it!!

As an aside, I am confused which one relates to me, if they went to court and I gave the judge the 2 different "original agreements" which Halifax have attested to in their covering letters are genuine. What would the court say or do? Just curious, that's all.

[nemesis45]

Re: CCA request for card taken out in late 1980's

Hello Sidlely,

This appears to be an attempt to create a reconstituted agreement which fails miserably in my opinion, in that neither application form has all the terms and conditions required, neither is easily legible in all parts.

It indicates only that an account was applied for.

A recon agreement must have:

The terms and conditions relevant when the account was opened/ those t's & c's relevant when the account was closed.

Any other documents / t's & c's mentioned in the body of the agreement.

Your name and address exactly as it was when the account was opened.

This load of rubbish appears to have one purpose and that is to con you into paying.

nem

[sidley]

Re: CCA request for card taken out in late 1980's

Thanks for that nem,

But is it important that they have sent me 2 totally different agreements which they claim are the originals?

Or could they just explain it away with an admin error?

sidley

[sidley]

Re: CCA request for card taken out in late 1980's

Thanks nem,

Is it relevant that they have sent me 2 totally different agreements, which they claim in each letter, is a genuine "original" agreement?

Or could they pass it off as an admin error?

sidley

- - - Updated - - -

oops sorry seem to have posted it twice.

[nemesis45]

Re: CCA request for card taken out in late 1980's

Thanks for that nem,

But is it important that they have sent me 2 totally different agreements which they claim are the originals?

Or could they just explain it away with an admin error?

sidley

I maybe wrong but these look like application forms?

nem

[sidley]

Re: CCA request for card taken out in late 1980's

I maybe wrong but these look like application forms?

nem

One is - the one I've posted - the other is this - see attached. (this is what they claim to be the original agreement)

The rest of the pages are T&Cs but are not the original ones, because it mentions " on line banking" and dates, such as, 1998; 2011; etc. And Bank of Scotland and Lloyds (HBOS didn't happen 'til 2001 and Lloyds take over 2009).

So no original T&Cs.

See what you think of this alleged agreement?

[nemesis45]

Re: CCA request for card taken out in late 1980's

One is - the one I've posted - the other is this - see attached. (this is what they claim to be the original agreement)

The rest of the pages are T&Cs but are not the original ones, because it mentions " on line banking" and dates, such as, 1998; 2011; etc. And Bank of Scotland and Lloyds (HBOS didn't happen 'til 2001 and Lloyds take over 2009).

So no original T&Cs.

See what you think of this alleged agreement?

Hello Sidley,

That is just one page it is impossible I'm my opinion to confirm that it is relevant to the account from which the alleged debt arises.

nem