Cabot SAR

[Arcadian]

Re: Cabot SAR

Hello - I can't see any personal details left on the upload....I removed them from page 1......blanked out signature p2 and put a line of xxxxx on following page.....?

Page 2, top left, underneath "Parties".

[Gprit]

Re: Cabot SAR

Hello - I can't see any personal details left on the upload....I removed them from page 1......blanked out signature p2 and put a line of xxxxx on following page.....?

[Diana M]

Re: Cabot SAR

which includes what purports to be the CC agreement.
Does anyone have any comments/thoughts on this and whether it is legal and enforceable or not???

Your personal name and address are on that uploaded agreement.

You need to remove it, redact it and then re-post it

Di

[Gprit]

Re: Cabot SAR

ok....I have now also had SAR information from Cabot, which includes what purports to be the CC agreement.
Does anyone have any comments/thoughts on this and whether it is legal and enforceable or not???

[Gprit]

Re: Cabot SAR

How do I know then?? Cabot sent a copy of the original agreement bearing my signature (BUT NOT THAT OF HALIFAX), but the LH side of p3 was missing. If not signed/stamped by both parties is it really a contract and is it unenforceable?

On contacting them I was told that was all they had, but sent a further copy of T&C which had my printed name and address at the top, BUT NO SIGNATURE.

Any further thoughts?

[charitynjw]

Re: Cabot SAR

As it is a pre 2007 agreement?, it could be argued that it is irredeemably unenforceable.

Why would that be?????[/QUOTE]

Lol!

To try to provide an all-encompassing succinct explanation which covers all scenarios would be difficult.
It's far easier to start by looking at the details of your particular case & go from there.
However, & in broad terms, many pre April 2007 agreements were governed by the original 1974 Consumer Credit Act.
Defective agreements could trigger s127.3 whereby the court might be precluded from enforcing the agreement.
That section was amended by the 2006 Act, which came into force April 2007.

[Gprit]

Re: Cabot SAR

As it is a pre 2007 agreement?, it could be argued that it is irredeemably unenforceable.[/QUOTE]

Why would that be?????

[charitynjw]

Re: Cabot SAR

Ok, but there's no need to SAR all 5 at the same time, & if it were me, & with £40k's worth of debt, I'd be looking to ascertain the legal position.

For instance, if Cabot have indicated that they would be 'unlikely' to be able to provide documentation (BoS) , it may well be that they cannot do so.
If BoS can't supply it, Cabot are on a sticky wicket.
As it is a pre 2007 agreement?, it could be argued that it is irredeemably unenforceable.

[Gprit]

Re: Cabot SAR

Not directly - awaiting SAR information from Cabot....bit pricey to SAR each individual originator.

[charitynjw]

Re: Cabot SAR

Have you SAR'd BoS?

[Gprit]

Re: Cabot SAR

Response from Cabot enclosing one of the CC Agreements. This is signed and dated by me....but not signed and dated by Halifax. Is this still a legal Agreement??

[Gprit]

Re: Cabot SAR

HAve received a reply from CABOT stating they are unlikely to be able to provide CC agreements within the 12 days period, but have written to original companies and would hope to do so within 40 days......
One interesting part of the response was that regarding my Bank of Scotland CC they are unlikley to provide this so will no longer pursue collection of that account...(although stating that it should not be considered written off as the debt legally remains).
Hope they cannot unearth the other original agreements (from around 2000-2005/6)

[Gprit]

Re: Cabot SAR

My personal pensions are not available for drawdown or cash as I bought annuities with them in 201 so only get the monthly income from the annuity. My concern is whether they (anyone) could force the annuity company to pay directly to Cabot.

[charitynjw]

Re: Cabot SAR

[MENTION=49370]Kati[/MENTION]

Lol!......Rule of three?
https://en.wikipedia.org/wiki/Rule_of_three_(writing)

[Kati]

Re: Cabot SAR

CCA request example.
Tweak to suit.
http://legalbeagles.info/forums/show...y-of-Agreement

Send a proper CCA request ( http://legalbeagles.info/forums/show...y-of-Agreement ) with a £1.

Have you sent CCA requests for them? LINK - http://legalbeagles.info/forums/show...y-of-Agreement

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