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Cabot - settlement or agreement?

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  • Cabot - settlement or agreement?

    Hello
    I have had letters from crapot about an o/s debt which they bought from Egg.
    I did the cca thing, and eventually, after several months they provided me with what could be my original agreement. It has my signature etc, but the terms and conditions page has areas blacked out where a name is supposed to be - so am guessing that it was ripped off someone elses. However - am not 100% certain if it renders it unenforceable, and to be honest I don't relish the thought of a fight without being 100% certain. Also - I dont have a copy of the NOA - but guessed that if Crapot can send me the original agreement it has to be kosher - unless of course anyone knows different? I did read something about numbers of signatures etc, but am guessing that if its not sufficient they will just do it again - or am I being naive? Plus - as its over 5k, I think that means if I lose I could be in for bigger costs????

    So - the upshot is, I think I'm going to have to bite the bullet and give in. Hrmmph.

    But - at the moment I am ultra skint - just managing to keep the day to day bills being paid. I have seen that Crapot arent overly generous at F&Fs, so I guess the only way is to do a monthly payback.

    OK - so... my (rather long winded) questions are...
    1: Can Crapot charge me a higher rate of interest than I originally agreed with Egg?
    2: what consititues a reasonable amount
    3: what if Crapot and I cannot agree on 2:

    Many thanks for your help !

  • #2
    Re: Cabot - settlement or agreement?

    Originally posted by worrybee4 View Post
    Hello
    I have had letters from crapot about an o/s debt which they bought from Egg.
    I did the cca thing, and eventually, after several months they provided me with what could be my original agreement. It has my signature etc, but the terms and conditions page has areas blacked out where a name is supposed to be - so am guessing that it was ripped off someone elses. However - am not 100% certain if it renders it unenforceable, and to be honest I don't relish the thought of a fight without being 100% certain. Also - I dont have a copy of the NOA - but guessed that if Crapot can send me the original agreement it has to be kosher - unless of course anyone knows different? I did read something about numbers of signatures etc, but am guessing that if its not sufficient they will just do it again - or am I being naive? Plus - as its over 5k, I think that means if I lose I could be in for bigger costs????

    So - the upshot is, I think I'm going to have to bite the bullet and give in. Hrmmph.

    But - at the moment I am ultra skint - just managing to keep the day to day bills being paid. I have seen that Crapot arent overly generous at F&Fs, so I guess the only way is to do a monthly payback.

    OK - so... my (rather long winded) questions are...
    1: Can Crapot charge me a higher rate of interest than I originally agreed with Egg?
    2: what consititues a reasonable amount
    3: what if Crapot and I cannot agree on 2:

    Many thanks for your help !

    Have you considered sending an SAR (subject access request to EGG) to see what information they can supply ? You may receive information on the assignment, Default Notice, and the agreement t&c's to compare.

    I don't think Crapbot can charge a higher rate of interest because the agreement is no longer active therefore there is not a contractual right to vary it.

    Does this debt refer to a credit card or a loan ?

    A reasonable amount will depend on what you can afford when all your priority debts (mortgage/rent ,council tax, water, electricity) and cost of living are taken into consideration. It can be as little as £1 per month if you want to make token payments.

    OFT guidelines state that a creditor must consider reasonable offers of payment and take into account your financial circumstances. You can download OFT 664 from this website. Just scroll down till you see it. Also check the debt forums on here for more advice.
    Last edited by Horse_with_no_name; 23rd August 2010, 20:19:PM.

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