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Halifax CC sold to Cabot - Question about received CCA

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  • Halifax CC sold to Cabot - Question about received CCA

    Hi all

    Looking for advise or at least confirmation of my thoughts after reading about similar.

    The debt is from a pre 2006 CC with Halifax and recently sold to cabot. CCA sent and received - along with the 'it will take 40 days' initial response followed just short of 40 days later, the requested detail which is a recon document.

    Things I think are wrong.

    1. My address is current, not my original
    2. Address of Halifax is shown as 'the mound' yet on another CCA I see the address is actually Halifax West Yorkshire (first image in thread)
    http://www.legalbeagles.info/forums/...9&d=1345813306
    On the same image you can see section 3.1 refers to OTHER FINANCIAL INFORMATION - the details of which are the same as on my recon agreement - I don't understand the figures as they refer to an amount of credit and an interest charge - is this maybe just an example?

    3. At two places on the agreement it refers to 4 conditions above - there are only 3
    4. Section on YOUR RIGHT TO CANCEL states once I have signed the agreement I have a short time to cancel - we will send you the exact details of how and when you can do this - should this be included?
    5. On the same image above - you can see there is a signature box which states consumer credit 1974, etc. On the recon I have, there is no box with those words, only a signature box with two questions about buying repayment cover and card care - is that sufficient for claiming I signed the agreement or just if I want the extra products and there should also be a agreement signature box? On the same thread as the image above there are actually two images of two CCA's - the second one shows the boxes separately as I suggest which makes me think this must be wrong
    http://www.legalbeagles.info/forums/...6&d=1348944820

    If the above suggests the CCA received is invalid - I would like to send a letter to that effect - not pointing out why - is there is suitable template for this please?

    Best regards
    Outadebt (one day)
    Tags: None

  • #2
    Re: Halifax CC sold to Cabot - Question about received CCA

    Originally posted by outadebt View Post
    Hi all

    Looking for advise or at least confirmation of my thoughts after reading about similar.

    The debt is from a pre 2006 CC with Halifax and recently sold to cabot. CCA sent and received - along with the 'it will take 40 days' initial response followed just short of 40 days later, the requested detail which is a recon document.

    Things I think are wrong.

    1. My address is current, not my original
    2. Address of Halifax is shown as 'the mound' yet on another CCA I see the address is actually Halifax West Yorkshire (first image in thread)
    http://www.legalbeagles.info/forums/...9&d=1345813306
    On the same image you can see section 3.1 refers to OTHER FINANCIAL INFORMATION - the details of which are the same as on my recon agreement - I don't understand the figures as they refer to an amount of credit and an interest charge - is this maybe just an example?

    3. At two places on the agreement it refers to 4 conditions above - there are only 3
    4. Section on YOUR RIGHT TO CANCEL states once I have signed the agreement I have a short time to cancel - we will send you the exact details of how and when you can do this - should this be included?
    5. On the same image above - you can see there is a signature box which states consumer credit 1974, etc. On the recon I have, there is no box with those words, only a signature box with two questions about buying repayment cover and card care - is that sufficient for claiming I signed the agreement or just if I want the extra products and there should also be a agreement signature box? On the same thread as the image above there are actually two images of two CCA's - the second one shows the boxes separately as I suggest which makes me think this must be wrong
    http://www.legalbeagles.info/forums/...6&d=1348944820

    If the above suggests the CCA received is invalid - I would like to send a letter to that effect - not pointing out why - is there is suitable template for this please?

    Best regards
    Outadebt (one day)
    Good evening,

    Has Cabot started a claim

    The address on the recon agreement must be the one relevant to you when the
    account was opened, there should also be a set of T's & C's relevant when the account
    was closed.

    The recon imo is not compliant.

    Usually when confronted with a recon agreement full of errors I suggest just a short note the DCA stating
    Thank you for the documents regarding the alleged debt for £xxx.xx which Cabot claims is owed by me.

    The documents supplied are rejected and I am sure Cabot is aware of the reasons why this does not comply with the content required for a " reconstituted" agreement. or words to that effect. Leave them to think about it.

    nem

    Comment


    • #3
      Re: Halifax CC sold to Cabot - Question about received CCA

      Hi

      No claim started (yet) and would rather avoid if possible hence wanting to send letter - so will draft something as suggested. There is a copy of general T&Cs but I have no idea if they are valid in terms of timeline. The balance is quite large so expect cabot to pursue though if they buy bulk debts then they might think differently if no real propect of getting a compliant CCA.

      Best regards
      Outadebt (one day)

      Comment


      • #4
        Re: Halifax CC sold to Cabot - Question about received CCA

        Originally posted by outadebt View Post
        Hi

        No claim started (yet) and would rather avoid if possible hence wanting to send letter - so will draft something as suggested. There is a copy of general T&Cs but I have no idea if they are valid in terms of timeline. The balance is quite large so expect cabot to pursue though if they buy bulk debts then they might think differently if no real propect of getting a compliant CCA.

        Best regards
        Outadebt (one day)
        Hi, a simple letter stating that the allegedly " reconstituted agreement" is rejected and you are sure the are fully aware why, and respectfully suggest that the withdraw the claim.

        Say no more and some trainee paralegal going to be some late night reading

        nem

        Comment


        • #5
          Re: Halifax CC sold to Cabot - Question about received CCA

          Originally posted by nemesis45 View Post
          Hi, a simple letter stating that the allegedly " reconstituted agreement" is rejected and you are sure the are fully aware why, and respectfully suggest that the withdraw the claim.

          Say no more and some trainee paralegal going to be some late night reading

          nem
          I looks like no claim has yet been issued:
          Originally posted by outadebt View Post
          No claim started (yet) and would rather avoid if possible hence wanting to send letter - so will draft something as suggested. There is a copy of general T&Cs but I have no idea if they are valid in terms of timeline. The balance is quite large so expect cabot to pursue though if they buy bulk debts then they might think differently if no real propect of getting a compliant CCA.
          - - - Updated - - -

          Originally posted by outadebt View Post
          Looking for advise or at least confirmation of my thoughts after reading about similar.

          The debt is from a pre 2006 CC with Halifax and recently sold to cabot. CCA sent and received - along with the 'it will take 40 days' initial response followed just short of 40 days later, the requested detail which is a recon document.
          You may want to look at this thread with regards to Cabot's current situation: http://www.legalbeagles.info/forums/...357#post583357 :grin:

          Comment


          • #6
            Re: Halifax CC sold to Cabot - Question about received CCA

            Originally posted by FlamingParrot View Post
            I looks like no claim has yet been issued:
            Thank you once again for stating the obvious!!

            Comment


            • #7
              Re: Halifax CC sold to Cabot - Question about received CCA

              Originally posted by nemesis45 View Post
              Hi, a simple letter stating that the allegedly " reconstituted agreement" is rejected and you are sure the are fully aware why, and respectfully suggest that the withdraw the claim.


              nem
              Originally posted by FlamingParrot View Post
              I looks like no claim has yet been issued:


              - - - Updated - - -

              Originally posted by nemesis45 View Post
              Thank you once again for stating the obvious!!
              At least someone noticed


              As for the address, Halifax would have been Trinity Rd Halifax but by 2006 they were part of HBOS with a head office in Edinburgh however said that on recons they seem to often get the addresses mixed up

              Just a case of 'Thank you for your response however you have failed to fulfil my lawful S78 request '

              Different wording same difference

              Comment


              • #8
                Re: Halifax CC sold to Cabot - Question about received CCA

                Originally posted by Berniethebolt View Post
                At least someone noticed


                As for the address, Halifax would have been Trinity Rd Halifax but by 2006 they were part of HBOS with a head office in Edinburgh however said that on recons they seem to often get the addresses mixed up

                Just a case of 'Thank you for your response however you have failed to fulfil my lawful S78 request '

                Different wording same difference
                Play elsewhere Jon

                Comment


                • #9
                  Re: Halifax CC sold to Cabot - Question about received CCA

                  Yawn- Change the record

                  Comment


                  • #10
                    Re: Halifax CC sold to Cabot - Question about received CCA

                    Hi all

                    Been a few weeks but I have received an updated S78 from cabot - they have now sent a copy of the original though the quality is not great but good enough -so I take it that with what I know have and the previously sent T&C's - they are now correct in telling me they have fully complied with my s78 request and therefore my only option is now pay.

                    Kind regards
                    Outadebt

                    Comment


                    • #11
                      Re: Halifax CC sold to Cabot - Question about received CCA

                      Originally posted by outadebt View Post
                      Hi all

                      Been a few weeks but I have received an updated S78 from cabot - they have now sent a copy of the original though the quality is not great but good enough -so I take it that with what I know have and the previously sent T&C's - they are now correct in telling me they have fully complied with my s78 request and therefore my only option is now pay.

                      Kind regards
                      Outadebt
                      I'm not sure if anyone's asked you yet ... but when did you last make a payment/acknowledge the debt?? Is there any chance it could be Statute Barred??
                      Have Cabot started a claim yet?

                      :bump: for [MENTION=55034]nemesis45[/MENTION] xx
                      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                      It doesn't matter where your journey begins, so long as you begin it...

                      recte agens confido

                      ~~~~~

                      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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                      But please include a link to your thread so I know who you are.

                      Specialist advice can be sought via our sister site JustBeagle

                      Comment


                      • #12
                        Re: Halifax CC sold to Cabot - Question about received CCA

                        Hi

                        The debt was only recently sold to cabot and until then I was paying direct to Halifax - so sadly not SB.

                        Comment

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