mehim's UE Diary

[MrsD]

Re: mehim's UE Diary

nope, not yet

[CleverClogs (RIP)]

Re: mehim's UE Diary

Have they ever tried to sue on it?

nope, not yet

It should be fun if/when they do.

[MrsD]

Re: mehim's UE Diary

fingers crossed they won't

[Mehim]

Re: mehim's UE Diary

Evening All,

No worries Niddy, I wasn`t trying to chase it up, just testing out the quote thingy.

Hopefully they will sue me as the other person lol. that should be an interesting experience.

I did wonder about trying to trace the person named on the agreement and sending it to them with an explanation. Possibly they could sue barclay`s for sending it to me. The mods here would know better than me.

Still nothing back from any off the rest.

TY

[CleverClogs (RIP)]

Re: mehim's UE Diary

fingers crossed they won't

Is that because, in preparing for court, they might find the right agreement and hence come out of default on your s78 request?

[CleverClogs (RIP)]

Re: mehim's UE Diary

Hopefully they will sue me as the other person lol. that should be an interesting experience.

I did wonder about trying to trace the person named on the agreement and sending it to them with an explanation. Possibly they could sue barclay`s for sending it to me. The mods here would know better than me.

It may be wiser to do nothing of the sort, unless you did so anonymously, as any action that would inform Sharklays of their error could result in them digging up the correct agreement and hence ending their default of your s78 request.

[Mehim]

Re: mehim's UE Diary

Hi CC,

I was just thinking out loud.

I do nothing off my own bat, I follow the advice given here.

TY

[Mehim]

Re: mehim's UE Diary

CITI Credit Card

start : Nov 2005
bal : £7,000
last full : Sept 2009
present : not paying
status : default Not Sure

dca : Sold to OPUS, Cabot involved


28th Feb, Final response from Cabot as follows,

Dear

Our Final Response to your complaint.

I refer to your letter, which was received in this office on 22nd February and our previous correspondence.

I regret that you have felt cause to complain to Cabot Financial (Europe) Limited ("Cabot") to express your dissatisfaction regarding the service you have received and apologise for any inconvenience that you may have experienced in relation to this matter.

I understand that your concerns relate to your request for information pertaining to your account pursuant to section 77/78 of the Consumer Credit Act 1974 ("CCA").

You believe that as you were supplied a reconstituted `true copy` of your credit agreement, the original signed copy of the same is not available and subsequently your agreement is unenforceable.

Please be advised, the reconstituted copy of your credit agreement such as the copy we have provided does constitute a 1true copy1 of your credit agreement in accordance with the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

These regulations set out the requirements upon a creditor when providing copies of documents and in the case of a copy of a credit agreement, a `true copy` need not include a signature box, signature or date of signature. The information must be the exact same information as was contained in the original document but the form of the agreement need not necessarily be identical to the document that you signed. I can confirm that the reconstituted copy of your credit agreement provided was forwarded to us by Opus as a `true copy` of the same and we are therefore confident that your request has been satisfied.

In addition to providing a reconstituted copy of your credit agreement, we provided a reconstituted copy of the credit agreement available at the time your agreement was assigned to Cabot. This contained all terms of your agreement, including any variations that had been made to your agreement since you entered into it. Furthermore, I refer to our letter dated 21st February 2012, during which you were advised that there is no obligation for a copy of your original signed credit agreement to be provided outside of Court.

With regards to the letter, which has been sent to you by Opus dated 16th February 2012; this confirms that they have also complied with your request under section 77/78 of the CCA and also stipulates your agreement is enforceable. In light of the same, we refute your assertion that they have confirmed that they are unable to fulfil your request.

I note your reference to the Office of Fair Trading debt collection guidelines and I can confirm that Cabot have at all times adhered to them.

Notwithstanding the above, you believe we are harassing you for the debt. We would like to confirm again that we have taken over your account from Opus and we are responsible for administering the account including taking payments, answering your queries and reporting information to the Credit Reference Bureaux. As a result we are seeking your co-operation in settling your financial liabilities. Cabot take all legal and regulatory responsibilities seriously and abide by industry codes of practice and guidance. We wish to assist our customers to get back on track with their finances and that is why we are contacting you.

Your reference to section 127(3) of the CCA is noted; however on review of the documentation previously provided, there is no question as to the enforceability of your credit agreement. It clearly complies with the requirements of the CCA and the Consumer Credit (Agreements) Regulations 1983, relevant at the time.

Should you wish to challenge the enforceability of your credit agreement, you must apply to the Court to obtain a declaration of enforceability. We would recommend you seek independent legal advice prior to the commencement of any such proceedings.

We would also like to highlight that the sole purpose of the CCA is for consumer protection, not to provide a method for the avoidance of debt, which we believe you are attempting in this matter.

For ease of reference the outstanding balance is £****.**. I recommend you contact our Collections Department on 0845 070 0116 within 14 days to discuss the options available to you in order to settle this account. I must inform you, if we do not hear from you within this time frame, your account will be escalated within our collections procedure.

I trust we have set out our position clearly. However, if you remain dissatisfied with our final response, you may once again bring the complaint to the attention of the Financial Ombudsman Service ("FOS"), within 6 months of this letter, who may investigate the same. Please find their details in the enclosed leaflet. Notwithstanding, if your complaint is in relation to the enforceability of your credit agreement, the FOS may not be able to investigate as we do not believe this to be within their jurisdiction.

If you have any further queries in relation to the above account, please do not hesitate to contact em on 0845 026 0463. Thw Customer Assurance Department is open from 9am to 5pm Monday to Friday.

Yours sincerely,


I need to figure out how to put things as attachments lol, but my typing speed is improving.

Unbelievable as Opus distinctly say "At the moment we are unable to trace a copy of the signed application form, therefore we are not in a position to provide a copy at this time"

Any advice on my next step would be appreciated.

TY

[Deepie]

Re: mehim's UE Diary

CITI Credit Card

start : Nov 2005
bal : £7,000
last full : Sept 2009
present : not paying
status : default Not Sure

dca : Sold to OPUS, Cabot involved


28th Feb, Final response from Cabot as follows,

Dear

Our Final Response to your complaint.

I refer to your letter, which was received in this office on 22nd February and our previous correspondence.

I regret that you have felt cause to complain to Cabot Financial (Europe) Limited ("Cabot") to express your dissatisfaction regarding the service you have received and apologise for any inconvenience that you may have experienced in relation to this matter.

I understand that your concerns relate to your request for information pertaining to your account pursuant to section 77/78 of the Consumer Credit Act 1974 ("CCA").

You believe that as you were supplied a reconstituted `true copy` of your credit agreement, the original signed copy of the same is not available and subsequently your agreement is unenforceable.

Please be advised, the reconstituted copy of your credit agreement such as the copy we have provided does constitute a 1true copy1 of your credit agreement in accordance with the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

These regulations set out the requirements upon a creditor when providing copies of documents and in the case of a copy of a credit agreement, a `true copy` need not include a signature box, signature or date of signature. The information must be the exact same information as was contained in the original document but the form of the agreement need not necessarily be identical to the document that you signed. I can confirm that the reconstituted copy of your credit agreement provided was forwarded to us by Opus as a `true copy` of the same and we are therefore confident that your request has been satisfied.

In addition to providing a reconstituted copy of your credit agreement, we provided a reconstituted copy of the credit agreement available at the time your agreement was assigned to Cabot. This contained all terms of your agreement, including any variations that had been made to your agreement since you entered into it. Furthermore, I refer to our letter dated 21st February 2012, during which you were advised that there is no obligation for a copy of your original signed credit agreement to be provided outside of Court.

With regards to the letter, which has been sent to you by Opus dated 16th February 2012; this confirms that they have also complied with your request under section 77/78 of the CCA and also stipulates your agreement is enforceable. In light of the same, we refute your assertion that they have confirmed that they are unable to fulfil your request.

I note your reference to the Office of Fair Trading debt collection guidelines and I can confirm that Cabot have at all times adhered to them.

Notwithstanding the above, you believe we are harassing you for the debt. We would like to confirm again that we have taken over your account from Opus and we are responsible for administering the account including taking payments, answering your queries and reporting information to the Credit Reference Bureaux. As a result we are seeking your co-operation in settling your financial liabilities. Cabot take all legal and regulatory responsibilities seriously and abide by industry codes of practice and guidance. We wish to assist our customers to get back on track with their finances and that is why we are contacting you.

Your reference to section 127(3) of the CCA is noted; however on review of the documentation previously provided, there is no question as to the enforceability of your credit agreement. It clearly complies with the requirements of the CCA and the Consumer Credit (Agreements) Regulations 1983, relevant at the time.

Should you wish to challenge the enforceability of your credit agreement, you must apply to the Court to obtain a declaration of enforceability. We would recommend you seek independent legal advice prior to the commencement of any such proceedings.

We would also like to highlight that the sole purpose of the CCA is for consumer protection, not to provide a method for the avoidance of debt, which we believe you are attempting in this matter.

For ease of reference the outstanding balance is £****.**. I recommend you contact our Collections Department on 0845 070 0116 within 14 days to discuss the options available to you in order to settle this account. I must inform you, if we do not hear from you within this time frame, your account will be escalated within our collections procedure.

I trust we have set out our position clearly. However, if you remain dissatisfied with our final response, you may once again bring the complaint to the attention of the Financial Ombudsman Service ("FOS"), within 6 months of this letter, who may investigate the same. Please find their details in the enclosed leaflet. Notwithstanding, if your complaint is in relation to the enforceability of your credit agreement, the FOS may not be able to investigate as we do not believe this to be within their jurisdiction.

If you have any further queries in relation to the above account, please do not hesitate to contact em on 0845 026 0463. Thw Customer Assurance Department is open from 9am to 5pm Monday to Friday.

Yours sincerely,


I need to figure out how to put things as attachments lol, but my typing speed is improving.

Unbelievable as Opus distinctly say "At the moment we are unable to trace a copy of the signed application form, therefore we are not in a position to provide a copy at this time"

Any advice on my next step would be appreciated.

TY

I Would send this along with the letter you have from Opus ....>.....CCA Query - Letter Previously Confirming No CCA

[CleverClogs (RIP)]

Re: mehim's UE Diary

Exactly.

It's just the usual letter ping-pong.

[Mehim]

Re: mehim's UE Diary

I Would send this along with the letter you have from Opus ....>.....CCA Query - Letter Previously Confirming No CCA

Afternoon I2D,

I sent the one you are suggesting along with a copy of the Opus one and their reply was to that.

They have seen the Opus letter with their comment about not being able to trace the the signed form.

They, Opus, also say "However we can confirm our procedure has always been to obtain our customers signature to an agreement containing the prescribed terms before entering into a credit card agreement. As such we are confident that the agreement remains enforceable".

I think they are forgetting the card was a CITI one, not an Opus card.

TY

[swanfan]

Re: mehim's UE Diary

Afternoon I2D,

I sent the one you are suggesting along with a copy of the Opus one and their reply was to that.

They have seen the Opus letter with their comment about not being able to trace the the signed form.

They, Opus, also say "However we can confirm our procedure has always been to obtain our customers signature to an agreement containing the prescribed terms before entering into a credit card agreement. As such we are confident that the agreement remains enforceable".

I think they are forgetting the card was a CITI one, not an Opus card.

TY

I would fire this off to them--> Our Templates | Unenforceability Templates | Final Response - Unenforceability (CCA Received)

[oldyboy]

Re: mehim's UE Diary

I'm by no means an expert but I'd be tempted to just ignore it and wait and see what you get, as they start to 'escalate their collection procedure'. Notice how there's no specifics.

[swanfan]

Re: mehim's UE Diary

I'm by no means an expert but I'd be tempted to just ignore it and wait and see what you get, as they start to 'escalate their collection procedure'. Notice how there's no specifics.

Their letter is a final response, hence the reason i suggested the reply i did.

[oldyboy]

Re: mehim's UE Diary

Their letter is a final response, hence the reason i suggested the reply i did.

Thanks Swanfan. I read the template and you're right.

The ACME foot into mouth inhibitor failed this time.....