Kerobo letter to Cabot

[dantheman]

I contacted a company called Kerobo Claims last year who took on a number of claims. The lost their license and then had it reinstated by MOJ. However contacting them has turned into a nightmare and am stuck with what to do - They claimed that the Monument Contract had breaches in - This is going through Cabot who are the most aggressive - quote:

I refer to Kerobo’s letter of 9th June 2010 stating that they had identified breeches in the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulation 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required.Since this document fails to comply with required prescribed terms it is rendered unenforceable by s127 (3)
consumer Credit Act 1974.


Would these breaches be valid or not?

Hope you can help,

Regards,

Dan

[Curlyben]

Re: Kerobo letter to Cabot

Could you start from the beginning with this.
I prefer watching films from that start then I have some idea of the complete story.

[MIKE770]

Re: Kerobo letter to Cabot

Could you start from the beginning with this.
I prefer watching films from that start then I have some idea of the complete story.

Share some of this Curly?????????????

[Curlyben]

Re: Kerobo letter to Cabot

Better be slated with extra butter

[MIKE770]

Re: Kerobo letter to Cabot

Of course or the udder one.

[dantheman]

Hello and Help Re: s77/78

Hello there, I have had DCA contact me and I sent them a standard s77/78 letter.
The time expired and I wrote to them say - That's it - Their none compliance makes it unenforceable. However this week they have sent me a copy of the T&C.

Is it still unenforceable?

[Curlyben]

Re: Hello and Help Re: s77/78

Yep.
T&C's on their own are meaningless.

[dantheman]

Re: Hello and Help Re: s77/78

The document - includes a sitation of Carey v HSBO 2009 in their letter - Whatever that means. Credit Agreement Regulated by the CCA 1974 x two versions 2 pages and 4 pages, a page stating rights/ loss of card etc, copy of the application form.

As mentioned they were defaulted under s77/8 in April and haven't sent this until July - exactly three months after the default date - What do you think I should do?

Thanks for your reply,

D

[Curlyben]

Re: Hello and Help Re: s77/78

Interesting.
Some more information would be good.
I assume this is a card debt, but what was the date of account opening and who's the DCA ?
Also would it be possible to scan and attach a copy of the "application", after you have removed your personal details.

[dantheman]

Re: Kerobo letter to Cabot

Sorry, it all seems obvious when you have been up to your udders in it for months.

When a number DCA came out of the wood work for defaulted CC's I found a company called Kerobo Claims - claiming that they could get you off or your money back - It seemed like a good idea and they had one success under s77/78.

Cabot who have been the most aggressive have 3 claims and Lowell Finance/Portfolio have 2 after applications under s77/78 - Cabot came up with a copy of a Monument CC agreement - Kerobo sent it to their Auditors who said it had breaches and not to worry. Cabot said they didn't accept the breaches and have continued to harass me. Cabot then said that they had never received s77/78 for the other two MBNA CC's. Kerobo insisted that the time had since their application had past and that both were unenforceable.

The more you look through it the more confusing it gets. I simply don't have clue what to do for the best and would be very grateful of any advice.

Thanks,

D

[Curlyben]

Re: Kerobo letter to Cabot

I've merged your threads to keep it all in one place and make it a little easier to follow.

[dantheman]

Re: Hello and Help Re: s77/78

Hi,

The credit card was with Capital One and the DCA is Lowell Portfolio, date on the application form is 18/06/97. They have sent what seems like two versions of the CCA.

The s77/78 was deemed unenforceable on 07/04/10 and they replied with the CCA on 07/07/10

Hope this helps - any more information I can supply.

D
------------------------------- merged -------------------------------
Thank you sorry - It's got so worrying and I seem to be all over the place at the moment.

[Curlyben]

Re: Kerobo letter to Cabot

Hehehehe, OK no worries there then.

Take a DEEP breath and relax.

So the CMC are quite correct as the Cap1 applications normally omit the required prescribed terms and as such they fall squarely under s127(3) of CCA 74.

Without actually seeing the paperwork I can really comment further, but have a read of the first link in my siggie as it should help.

Can I ask why you are posting here, when you are dealing with a CMC about this ?

[dantheman]

Re: Dealing with DCA's

What I still don't get under s127 is if an application is made under s77/78 and the are unable to fulfill and reply with a true sign copy of the agreement and it then becomes deemed as uneforceable - If later they produce the copy is it still uneforceable or not? and is that covered under s127?

[Curlyben]

Re: Kerobo letter to Cabot

This should help:

The court shall not make an enforcement order under section 65(1) if section
61(1)(a) (signing of agreements) was not complied with unless a document (whether
or not in the prescribed form and complying with regulations under section 60(1))
itself containing all the prescribed terms of the agreement was signed by the debtor or
hirer (whether or not in the prescribed manner).

Basically if the agreement does NOT contain the required information then a Court CANNOT make a judgement against you, ie a CCJ.

Does that make more sense now ?