Cabot: they really think we are stupid!

[Guest]

Sent CCA request to these clowns early in the year after they bought my old Egg card. They replied back saying they were going to get a copy of the agreement. A few months went by and they have now replied apologising for the delay and enclosing a "copy of the agreement from the original creditor". The document they have attached is just a database report with my personal details, employment details, bank details, etc. at the time of the application. That's it! Not a single term or condition. Since when is a printout off a database record with your details a credit agreement? The application data says I applied online. It also says it was in 2002, long before a tick box became as good as a signature.

They kindly provide a phone number to discuss the matter with one of their Customer Consultants. No immediate demands for payment so I'll sit and wait for further missives from the clowns. Although they've got my name on the top of the letter, they addressed me as "Dear Miss Something Else".

[nemesis45]

Re: Cabot: they really think we are stupid!

Sorry it looks like your post was missed.

What have you done about this so far ? Formally rejected the " agreement " as non compliant and put your evidence regarding the " tick box " to them?

nem

[Guest]

Re: Cabot: they really think we are stupid!

No, I wasn't planning to reply because their letter contained no demands or threats. It was literally a cover letter. I was mainly buying time when I sent the CCA request because Cabot bought the account in January and I thought the last payment was made in January 2010 but, looking at current account statements, it looks like the last DD was paid in Dec 2009. I didn't want to send the SBd letter because it was borderline and they could issue a claim to try and beat me to it. I haven't got the DN for this account so no idea when it was defaulted. They've lost a further five months so I reckon I could get away with a SBd defence at this stage if it came to that.

They didn't actually say anything about the tickbox argument, in fact, this document wouldn't be compliant even post-2005 because there is no printout of the T&Cs that belonged to the account that I ought to have agreed to, by ticking the box.

[nemesis45]

Re: Cabot: they really think we are stupid!

No, I wasn't planning to reply because their letter contained no demands or threats. It was literally a cover letter. I was mainly buying time when I sent the CCA request because Cabot bought the account in January and I thought the last payment was made in January 2010 but, looking at current account statements, it looks like the last DD was paid in Dec 2009. I didn't want to send the SBd letter because it was borderline and they could issue a claim to try and beat me to it. I haven't got the DN for this account so no idea when it was defaulted. They've lost a further five months so I reckon I could get away with a SBd defence at this stage if it came to that.

They didn't actually say anything about the tickbox argument, in fact, this document wouldn't be compliant even post-2005 because there is no printout of the T&Cs that belonged to the account that I ought to have agreed to, by ticking the box.

Emm The date of the (a) default notice is not synonymous with the date of the actual default or the date a default is registered with credit reference agencies.

nem

[Guest]

Re: Cabot: they really think we are stupid!

Emm The date of the (a) default notice is not synonymous with the date of the actual default or the date a default is registered with credit reference agencies.

nem

I was thinking more of those cases where the judge has said that the DN can be regarded as the cause of action. Another account I had was defaulted very late by MBNA, not paid since January but DN issued in September 2010. Interest at around 36% was added during all that time as if it was a live card, pushing a £6,000 credit limit to £8,000

[nemesis45]

Re: Cabot: they really think we are stupid!

I was thinking more of those cases where the judge has said that the DN can be regarded as the cause of action. Another account I had was defaulted very late by MBNA, not paid since January but DN issued in September 2010. Interest at around 36% was added during all that time as if it was a live card, pushing a £6,000 credit limit to £8,000

It is I'm afraid more common for judges to work very closely on the basis of " the balance of probabilities " even where this seems to fly in the face of statute.

nem