Looking at the stars v Cabot / Barclaycard

[still looking]

see attached letter and reconstructed terms and conditions.

I have written to them under CPUTR regulations asking them to state whether they have the original document with my signature on. We will await and see.

Why if they have, do they always mess about cut and pasting screen shots together. Told Cabot no chance in hell if they do not produce the document ( they have agreed they can't enforce ) also they have offered me a settlement figure on a 2008 loan I took out with Yorkshire Bank, amount outstanding £13,909.43 they will settle for £3,400.00, now I wonder if they know I have not paid my mortgage for three months am in neg equity and am saying goodbye to this house all the hardships and just chilling out.. !!!!!!

[vossy]

Re: Looking at the stars v Cabot / Barclaycard

Surely that's just T&C isn't it? Very poor.

[5corpio]

Re: Looking at the stars v Cabot / Barclaycard

that just show 2 lots of T&C, can't see an agreement there either (NO sign of Credit limit there either).

[still looking]

Re: Looking at the stars v Cabot / Barclaycard

yes Scorp, it's total hogwash, they have sent me a pay up or else and a default notice today... They have got back the CPUTR letter, does a original exist ????? if it does, send it.. We shall see

[mystery1]

Re: Looking at the stars v Cabot / Barclaycard

that just show 2 lots of T&C, can't see an agreement there either (NO sign of Credit limit there either).

3.1


Have you moved house since you took out the card ?

M1

[still looking]

Re: Looking at the stars v Cabot / Barclaycard

No mystery 1, same address.

[still looking]

Re: Looking at the stars v Cabot / Barclaycard

Hi Flower power and all the guys and girls. Yes sent a standard CCA request, template from here....


Well usual nonsense from Crabot, Barclays admit no signed agreement but because I paid Barclays then its an acknowledgement. Had the same with a YB account with this lot, am going to tell them the same and the same as I have told the other creditors who send a blank load of screen shots

*As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. The following examples are from high court and the court appeal case law which backs up any legal defence, or counter claim under Consumer Credit Act 1974 s.142*




Wilson v First County Trust Ltd [2001] EWCA Civ 633, Sir Andrew Morritt, Vice Chancellor said:
• The creditor must…be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid




In the case of Dimond v Lovell [2000] UKHL 27, Lord Hoffmann said:
• Parliament intended that if a consumer credit agreement was improperly executed, then subject to the enforcement powers of the court, the debtor should not have to pay.

[PlanB]

Re: Looking at the stars v Cabot / Barclaycard

Told Cabot no chance in hell if they do not produce the document ( they have agreed they can't enforce ) also they have offered me a settlement figure on a 2008 loan I took out with Yorkshire Bank, amount outstanding £13,909.43 they will settle for £3,400.00, now I wonder if they know I have not paid my mortgage for three months am in neg equity and am saying goodbye to this house all the hardships and just chilling out.. !!!!!!

I just want to change the subject for a minute to ask whether you've had any good advice about your mortgage arrears? I don't know if you're in work but if not there may be options to get the interest on the loan paid through the benefits system. You can also ask your lender to change it from a repayment mortgage to interest only which will reduce the monthly payments. In fact you've got loads of options before throwing in the towel

Most peole don't realize that if a house is in negative equity the lender can still chase you for the shortfall owed to them even after it has been sold I can point you in the right direction of people who can guide you through this so you are at least making an informed decision

[PlanB]

Re: Looking at the stars v Cabot / Barclaycard

I've noticed that Looking at the stars has an ex-wife and wonder whether she may be on the mortgage or joint owner of the house which could mean that she would get chased for 12 years too

Handing in the keys and getting repossessed may feel like a relief at the time but you need to predict whether there will be consequences further down the line once the euphoria has worn off

[PriorityOne]

Re: Looking at the stars v Cabot / Barclaycard

Looks like you're home and dry on this one.... Barclaycard cannot provide an original due to the age of the account (answers CPUTR issue, I think), so if this is pre-2007, it's game over. It may take a few more feck off letters before they realise it's game over but it is.

Re. the mortgage issue.... I was pursued for a £52K shortfall after a property was re-possessed many years ago but in reality, how the heck were they hoping to get hold of that then? It was almost funny....

To cut a long story short, I was traced through DVLA records, interest/charges were frozen, the liability was split with the ex, token payments of £5 a month were paid for 4 years and a F&F for £500 (yes, hundred).... was made and accepted. It remained with the OC throughout and court papers were never issued. In fact, there wasn't even the slightest whiff of court.

After 4 years and several attempts by them to negotiate with me, they seemed keen to close their files but even I didn't expect them to accept a F&F that low.

[PlanB]

Re: Looking at the stars v Cabot / Barclaycard

Re. the mortgage issue.... I was pursued for a £52K shortfall after a property was re-possessed many years ago but in reality, how the heck were they hoping to get hold of that then? It was almost funny....

To cut a long story short, I was traced through DVLA records, interest/charges were frozen, the liability was split with the ex, token payments of £5 a month were paid for 4 years and a F&F for £500 (yes, hundred).... was made and accepted. It remained with the OC throughout and court papers were never issued. In fact, there wasn't even the slightest whiff of court.

After 4 years and several attempts by them to negotiate with me, they seemed keen to close their files but even I didn't expect them to accept a F&F that low.

Normally any arrears due (which would be the same thing as any shortfall after a sale) are included in the original repossession order by the court so no new court proceedings are necessary. The lender could go straight to enforcement options which sometimes can be a charging order on your next home

[PriorityOne]

Re: Looking at the stars v Cabot / Barclaycard

Normally any arrears due (which would be the same thing as any shortfall after a sale) are included in the original repossession order by the court so no new court proceedings are necessary. The lender could go straight to enforcement options which sometimes can be a charging order on your next home

What I was referring to was court proceedings in relation to an outstanding debt which they were accepting £5 a month towards. This went on for several years....

As they remained blissfully unaware that I had another property throughout this time , it could have got very messy.

[still looking]

Re: Looking at the stars v Cabot / Barclaycard

Hi my lovely guys and girls,

Yes Niddy has it in his possession but it is a recon from somewhere ???? hmm and yes it's 2002 account so hopefully it will be put to bed, but I am following a thread where Cabot is taking a recon to court but that has a signature on it.


Some answers to what looks like a mini debate on lookings house.

Boys the Rubicon has been crossed, I have rented a three bedroomed house at less than half I am paying both the mortgage and the secured loan.

Even with my house being slightly or just equal if sold for the price Im asking, First Plus would have blocked even for just £1k plus. So I stopped all of them this is the third month.

Yes I am working full time so no benefits. Yes this is a joint mortgage with
ex and yes I know it's 12 years. The mortgage company will probably get there money I only owe them £69k the house is valued at £115k, its those sharks at Barclays First Plus.

I do not care what they do after, the BR money is secured in girlee friends account and it will be off to see the judge. At 53, in the NHS with cuts coming right left and centre it was the best decision I have ever made.

Keep you informed

[soldier1]

Re: Looking at the stars v Cabot / Barclaycard

Hi SLATS
You refer to another thread relating to Cabot taking a reconstruction to court. Would you provide details of where to find this please.

[Never-In-Doubt]

Re: Looking at the stars v Cabot / Barclaycard

see attached letter and reconstructed terms and conditions.

I have written to them under CPUTR regulations asking them to state whether they have the original document with my signature on. We will await and see.

Why if they have, do they always mess about cut and pasting screen shots together. Told Cabot no chance in hell if they do not produce the document ( they have agreed they can't enforce ) also they have offered me a settlement figure on a 2008 loan I took out with Yorkshire Bank, amount outstanding £13,909.43 they will settle for £3,400.00, now I wonder if they know I have not paid my mortgage for three months am in neg equity and am saying goodbye to this house all the hardships and just chilling out.. !!!!!!

That is UE as there is no actual agreement, it's just a random set of terms.

Not had an email though!