Help with crapbot response to CCA please

[tierisch]

Hi Sorting out quite a few debts amassed by my ex. This one relates to next who sold on the account to crapbot. Have gone down the CCA route and this is their latest response - a constituted agreement presumably. So can the wiser people on here kindly take a look and suggest whether it is enforceable and possible next steps?







Thanks for any help

Tierisch

[Amethyst]

Re: Help with crapbot response to CCA please

Hi Tiersich

Your images havent worked - think you have copied pasted them from an email or your computer - you need to upload the image files on Manage Attachments which you can do by clicking Post Reply or Go Advanced under the quick reply box.

Ame
xx

[tierisch]

Re: Help with crapbot response to CCA please

Hi Ame

Thanks - sorted eventually. Have used forums for ages but have never inserted photos so a first! Tierisch

[Amethyst]

Re: Help with crapbot response to CCA please

Yip can see them now

Welcome to Beagles btw :beagle:

[LuggerBugs]

Re: Help with crapbot response to CCA please

It's a standard response from Next. In other words, a copy of the type of agreement you MIGHT have signed, if only they could actually have been arsed to get you (well, your ex) to sign one.

In other words, no agreement was ever signed, so morally, the sole responsibility is to repay the actual amount of goods bought. NO interest. NO charges. NO penalties.

If they can't accept that, then they need reminding that legally, they don't have a leg to stand on.

Cabot must be getting desperate to be buying in debt from CMOC's, since 99% of the time, there never is an agreement. Can't wait to see their accounts this year.

[tierisch]

Re: Help with crapbot response to CCA please

How might i now play this one out with crapbot given that next have sold it on?

What are CMOCs by the way?

[LuggerBugs]

Re: Help with crapbot response to CCA please

CMOC=Catalogue Mail Order Company

Simply write back and tell Cabot that the documents that they have supplied so far are merely examples of the type of document that Next wish they got their customers to sign, and that since it is obvious no agreement was ever entered into, then Cabot will need to put things on hold until you have completed your investigations. And that you will be in touch once Next supply you with a response to the SAR that will be winging their way.

Of course, if Next then say that they cannot supply any Data in response to a SAR, then unfortunately, Cabot should not be trying it on with you: it is your ex they should be chasing if that is the case.

Was this in your ex's name, or yours?

[tierisch]

Re: Help with crapbot response to CCA please

Definitely in ex's name - however i am sorting out, for a number of reasons, all the debts.

Little unclear about the cabot thing given they seem to have a habit of going for court action. Does the docs they supplied allow them to chase the debt?

[Wooster]

Re: Help with crapbot response to CCA please

Cabot (or indeed anyone else), can go to Court at any time for any reason. What matters is whether a claim based upon the documents they have provided would be likely to succeed.

Many DCAs rely upon peoples' ignorance and their rights; this is especially true when they go to Court. So, they often issue claims without having the proper documentation, and they often rely upon claims being undefended so that they get a default judgment.

If claims are defended, they often either lose or discontinue, especially if you've asked for the documentation by way of a CPR request or Directions.

In this case I suspect it unlikely that they'd start a court claim at this stage.

[LuggerBugs]

Re: Help with crapbot response to CCA please

I'm a little confused. You want to sort out this debt, yet you want to know if it's enforcable?

If you are trying for a way out by questioning its enforcability, surely the easiest thing to do instead would be to tell them it's nothing to do with you?

Or am I missing a point here?

[Amethyst]

Re: Help with crapbot response to CCA please

I think that if the agreement is unenforceable it gives you a much better leg up to get affordable payments set and to having all the service/late payment/interest charges removed so you are repaying the actual value of the goods you had.

[tierisch]

Re: Help with crapbot response to CCA please

I'm a little confused. You want to sort out this debt, yet you want to know if it's enforcable?

If you are trying for a way out by questioning its enforcability, surely the easiest thing to do instead would be to tell them it's nothing to do with you?

Or am I missing a point here?

When i wrote sort out i meant exploring whether it is enforcable etc. This debt has nothing to do with me as such - my ex had mental health problems which was how she got us into a lot of debt. She ran up debts using my cards and also got credit in her own name. I could go down the fraud route but at the end of the day i am not going to for a number of reasons. Have sold the house for which i have the proceeds and am paying the debts. However i am not going to pay out to DCAs who have not followed the rules etc or who have loaded the original with charges, interests etc hence my query about whether the stuff crapbot have sent seems enforceable or not

Thanks for all your help though

[LuggerBugs]

Re: Help with crapbot response to CCA please

Ah, that's clearer. Well, the problem as I see it here is, it's not your debt, so you might have difficulties getting any sort of cooperation with regard to retrieving data. Really, your ex's data should not be made available to you unless there is written consent to allow you access.

Having said that, in this case I'd tend to offer the cash price of the goods, less any money already paid. In other words, they have no right to any interest or charges whatsoever. This may likely mean you would need to get hold of statements, and so need to SAR Next.

That would be the sole extent of your moral obligations. Legally, they wouldn't have a leg to stand on if they took it as far as court action.

Unless of course, the account was opened online. In which case, there may be other issues.

[tierisch]

Re: Help with crapbot response to CCA please

They think they are communicating with my ex! I just write the letter etc (give her copies of course) and they don't know any different. Would never speak on the phone and don't sign the letters anyway.

Might SAR Next and see what they come up with. I don't know whether it was done online or not so will have to find that out. How would that make a difference?

[BillandBen]

Re: Help with crapbot response to CCA please

Quick question...... when was the account opened?