Going around AND around in circles with Caboot for 5 years......

**FlamingParrot** · 29th January 2014, 16:35:PM

Re: Going around AND around in circles with Caboot for 5 years......

Hi and welcome to LB!

If you haven't paid anything since 2008, it wouldn't be wise to make a payment at this stage, as that would reset the SBd clock which is ticking away with just a few months to go. :clock: :clock:

With regards to the phone calls, you may want to look at this thread: http://www.legalbeagles.info/forums/...om+harrassment

You don't have to inform them that you are moving abroad but it's good that your parents can keep an eye in the post for you just to be on the safe side. :thumb:

**FlamingParrot** · 29th January 2014, 16:38:PM

Re: Going around AND around in circles with Caboot for 5 years......

As this seems to have been going on for years, you could send them your final response as below:

Dear Sirs

Account Reference: XXXXXXXX

I write with reference to your letter dated xx/xx/xxxx. This is now my final response because I have previously explained to you my position, which happens to coincide with current legislation namely s.127(3) of the Consumer Credit Act 1974 which, for ease and clarity, is quoted below;

127(3) 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).

As is clear from the above, without an original "true copy" of the signed agreement containing all the prescribed terms and my name and address, this account is deemed unenforceable and no formal action can be taken so long as this remains the case. Even the recent McGuffick and Carey cases confirmed that a lender should submit upon request a valid true copy of the original CCA. The recent McGuffick and Carey cases confirmed that a lender should submit upon request a valid true copy of the original CCA. In MBNA v McCullagh; the Judge ruled;

"The terms and conditions are plainly not a copy of those on the original agreement. There may only be one difference identified (it is difficult to tell from the illegible copy of the original) but that is enough. The obligation is to provide "a copy of the executed agreement". This plainly cannot be a copy of the original agreement. It is not open to the claimant to say that the difference is 'de minimis'. They have to provide a copy of the original (reconstituted or otherwise)".

There are also several other recent cases that alleviate the Carey Judgment such as Hayes v HFC, at Blackpool county court in July 2010. She successfully overturned a charging order on her home. Judge Bell agreed that the reconstituted agreement was not accurate. Then you have the case of Kotecha v Phoenix in which Phoenix attempted to recover a debt owed on a HFC bank credit card. The appeal judges agreed the bank had not been able to supply an accurate copy of the original agreement. In Murphy v Cabot the recorder, Nigel Clayton, found the copy of the agreement was illegible. Similarly, in Paterson v Cabot Judge Russell decided the copy of that agreement was illegible, the terms and conditions were not the ones originally supplied. In both the Cabot cases they lost as they had clearly failed to produce a properly reconstituted document.

In line with the most recent OFT Guidance surrounding unenforceability (October 2010), you should be aware that the OFT has stipulated the following:

Sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements. Under these sections a debtor can pay £1 to get:

a copy of their agreement
copies of some of the other documents mentioned in their agreement
a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

make the debtor pay the debt before they're supposed to
get a court judgment against the debtor

In light of the above, I consider this account to be unenforceable until such time you properly comply with my original s.78 request and send a photocopy of the original purported document, if it exists. If it does not, then you must confirm this to me in line with your licensing guidance, as detailed above. As this account is clearly unenforceable, I expect you to write back and confirm that no further action will be taken and that the account is now closed and no further correspondence will take place.

Yours faithfully,

**smilyblondiegirl** · 12th February 2014, 15:03:PM

Re: Going around AND around in circles with Caboot for 5 years......

Thank you ever so much Flaming Parrot.

I wasn't notified of your response so I wasn't being rude!

Many thanks for taking the time to respond with such a fantastic letter. I will send it off today.

Thank you x

**FlamingParrot** · 12th February 2014, 15:52:PM

Re: Going around AND around in circles with Caboot for 5 years......

Originally posted by smilyblondiegirl View Post

Thank you ever so much Flaming Parrot.

I wasn't notified of your response so I wasn't being rude!

Many thanks for taking the time to respond with such a fantastic letter. I will send it off today.

Thank you x

No worries!

If you want to be notified when there's a reply to the thread, click Settings on the top right corner, then the 2nd box down is subscriptions. Select the thread(s) and scroll down to the bottom of the list, click the Selected threads button and choose your subscription type. If you want to be notified as soon as a reply is posted, choose "Instantly, using email". :nerd:

Going around AND around in circles with Caboot for 5 years......

Going around AND around in circles with Caboot for 5 years......

Comment

Comment

Comment

Comment

Announcement

Court Claim ?