Search
Latest topics
» hmrc bondby LionsShare Today at 9:56 am
» Know who you are
by LionsShare Sun May 05, 2024 5:54 pm
» Chainsaws 1
by assassin Sat May 04, 2024 5:07 am
» Supply What Does It Mean?
by LionsShare Thu May 02, 2024 11:45 am
» Speed ticket Is This The Way To Go?
by flyingfish Wed May 01, 2024 10:11 pm
» DSAR
by brownowl Mon Apr 29, 2024 1:15 pm
» Council Tax questions we should all be asking
by LionsShare Mon Apr 29, 2024 10:20 am
» Whats In A Name?
by LionsShare Sun Apr 28, 2024 8:49 pm
» The infamous DP continus
by Biggiebest Sun Apr 28, 2024 2:20 pm
» Purchased Used car, thew con rod after 4 weeks, 40,000mi on clock, can we get out of the finance?
by assassin Sun Apr 28, 2024 3:19 am
» C'Tax & The Bradbury Pound System
by flyingfish Sat Apr 27, 2024 8:21 pm
» Warranty issues
by brownowl Sat Apr 27, 2024 12:05 pm
» Smart Meter and Pre Pay Meter remedy
by daveiron Sat Apr 27, 2024 8:29 am
» are they feeling the pinch...?
by pitano1 Fri Apr 26, 2024 7:19 pm
» Fruit
by assassin Fri Apr 26, 2024 4:36 am
» Are Lowell getting desperate ?
by waylander62 Wed Apr 24, 2024 2:08 pm
» Electric Vehicles
by assassin Wed Apr 24, 2024 4:57 am
» Water charges
by daveiron Wed Apr 24, 2024 4:36 am
» 20 mph speed limit enforcable????
by flyingfish Tue Apr 23, 2024 9:26 pm
» Allotments
by flyingfish Tue Apr 23, 2024 7:54 am
» Energy debt
by flyingfish Tue Apr 23, 2024 7:49 am
» HO HO HO not that shinning or with clean hands !!!!!!
by Lopsum Sun Apr 21, 2024 7:04 pm
» Psychological Operation - Evidence on more fraud
by Lopsum Sun Apr 21, 2024 7:00 pm
» Allodial Title
by urchinatheart Wed Apr 17, 2024 10:13 am
» Grow Potatoes
by Mrblue2015 Wed Apr 17, 2024 8:18 am
» Feed Yourself For Less
by assassin Tue Apr 16, 2024 7:23 pm
» New GOODF - small account closed upon Notice 3
by RaspberryBlu Tue Apr 16, 2024 1:02 pm
» DWP
by daveiron Tue Apr 16, 2024 12:23 am
» LGA1888 sect79 sub2
by urchinatheart Mon Apr 15, 2024 9:15 am
» Know Who You Are Even More Volumes To Come
by LionsShare Sun Apr 14, 2024 11:24 am
» Woke, Nimbys, Snowflakes and idiots
by urchinatheart Fri Apr 12, 2024 12:09 am
» Never Buy Seeds Again
by assassin Wed Apr 10, 2024 6:14 pm
» Ovo bank giro?
by LionsShare Wed Apr 10, 2024 6:07 pm
» Is your car a government remote controled car???
by Lopsum Wed Apr 10, 2024 12:48 pm
» peacekeepers apprantly get a c'tax win?
by LionsShare Wed Apr 10, 2024 11:14 am
» Can I Complete The Food Circle
by urchinatheart Tue Apr 09, 2024 11:46 am
» Council tax and summons for arrest
by LionsShare Mon Apr 08, 2024 2:44 pm
» THIS IS THE ONE ?
by schist Fri Apr 05, 2024 1:04 pm
» Garden Share
by assassin Thu Apr 04, 2024 4:37 pm
» Serial Posty been awarded £10'000 for a fake bite
by assassin Wed Apr 03, 2024 7:23 pm
» The new ruling, lie-ability order
by assassin Wed Apr 03, 2024 7:04 pm
» New Member
by schist Sat Mar 30, 2024 3:00 pm
» DVLA [Hick] Does It Work [Hick] ?
by Miss Kermit Thu Mar 28, 2024 4:15 pm
» know who you are volume ??
by daveiron Tue Mar 26, 2024 9:38 pm
» Hopefully A Success
by daveiron Sun Mar 24, 2024 9:28 pm
» Most Complete Bank Giro Credit
by LionsShare Sun Mar 24, 2024 12:06 pm
» Knowing our Lawful rights
by daveiron Sat Mar 23, 2024 6:05 am
» More Illegal Immigrants
by assassin Thu Mar 21, 2024 5:43 pm
» SAR dispute
by assassin Thu Mar 21, 2024 5:32 pm
» There goes Ireland, his off.
by midnight Thu Mar 21, 2024 1:07 pm
» Call to the DVLA
by urchinatheart Mon Mar 18, 2024 2:36 pm
» BEWARE OF TSB BANK
by daveiron Sun Mar 17, 2024 6:53 am
» Help / Advice needed on ongoing neighbour harassment
by memegirl777 Sat Mar 16, 2024 5:51 pm
» United Kingdom? Really?
by assassin Sat Mar 16, 2024 4:17 pm
» DWP and HMRC alleged debts
by assassin Wed Mar 13, 2024 7:20 pm
Moon phases
Cabot - Catalogue
4 posters
Page 1 of 1
Cabot - Catalogue
My partner had a catalogue account which she defaulted on in 2008. It was apparently passed to DCA in 2010 and they're saying that she was paying them until feb 2012. She doesn't recall this, although, to be fair, she did have a lot going on at the time! I have sent letters to them asking for proof etc but they've only supplied a printout supposedly showing BACS payments tp them. They say in their letter that as its a catalogue account there is no credit agreement available. They're also not marking her credit file as it defaulted in 2008. I've been filing their template letters ever since but am just starting to wonder if I should start replying as, if she had been paying them (and I think the proof is really, really weak), its not statute barred yet.....
dkent1977- Not so newb
- Posts : 23
Join date : 2017-08-30
Location : Cornwall
Re: Cabot - Catalogue
Catalogue accounts are covered by Section 78 of the Consumer Credit Act, running credit account.
Send them a request for a copy of the agreement under Section 78.1 paying the £1 fee. If they can't provide a copy them under section 78.6 the debt is unenforceable.
Send them a request for a copy of the agreement under Section 78.1 paying the £1 fee. If they can't provide a copy them under section 78.6 the debt is unenforceable.
Tiggy- Moderator
- Posts : 640
Join date : 2017-08-11
Re: Cabot - Catalogue
Agree with that.
assassin- Admin
- Posts : 3572
Join date : 2017-01-28
Location : Wherever I Lay My Head
Re: Cabot - Catalogue
Cheers. Will draft one up and send in the morning
dkent1977- Not so newb
- Posts : 23
Join date : 2017-08-30
Location : Cornwall
Re: Cabot - Catalogue
This is their reply.
Just a waiting game now I suppose?
Just a waiting game now I suppose?
dkent1977- Not so newb
- Posts : 23
Join date : 2017-08-30
Location : Cornwall
Re: Cabot - Catalogue
Stick them to the 12 day limit and not their suggested 40 day limit, if you do not rebut their 40 day claims you could be deemed to have consented to it "by actions" and it is always better to cut off this little game they are playing.
assassin- Admin
- Posts : 3572
Join date : 2017-01-28
Location : Wherever I Lay My Head
Re: Cabot - Catalogue
assassin wrote:Stick them to the 12 day limit and not their suggested 40 day limit, if you do not rebut their 40 day claims you could be deemed to have consented to it "by actions" and it is always better to cut off this little game they are playing.
Hmmm....Good shout. Will draw a letter up tonight
dkent1977- Not so newb
- Posts : 23
Join date : 2017-08-30
Location : Cornwall
Re: Cabot - Catalogue
It actually makes no difference whether they put 40 days or not, after 12 days the debt under Section 78.6 of the consumer credit act is 'unenforceable whilst the default remains'.
In other words it's unenforceable after 12 days unless they find the agreement.
In other words it's unenforceable after 12 days unless they find the agreement.
Tiggy- Moderator
- Posts : 640
Join date : 2017-08-11
Re: Cabot - Catalogue
Have received a response after 3 months! They've sent the following along with several short letters ("Please find enclosed all of the relevant information following your request", "This statement is prepared in compliance with section 78...")
Does this count as the agreement AND the terms & conditions?
There's no signatures on mine or their copy (left hand/right hand sides) either??
The last letter is the statement of account showing payments. Intersting too as it shows they paid money back then charged interest?
Does this count as the agreement AND the terms & conditions?
There's no signatures on mine or their copy (left hand/right hand sides) either??
The last letter is the statement of account showing payments. Intersting too as it shows they paid money back then charged interest?
dkent1977- Not so newb
- Posts : 23
Join date : 2017-08-30
Location : Cornwall
Re: Cabot - Catalogue
Tiggy wrote:It actually makes no difference whether they put 40 days or not, after 12 days the debt under Section 78.6 of the consumer credit act is 'unenforceable whilst the default remains'.
In other words it's unenforceable after 12 days unless they find the agreement.
True Tiggy, but it can also be deemed as consenting if you do not rebut, if it goes to any of their fake courts they will say a contract was formed and the defendant allowed them 40 days, simple to cut them off at the pass for the sake of 1 letter.
assassin- Admin
- Posts : 3572
Join date : 2017-01-28
Location : Wherever I Lay My Head
Re: Cabot - Catalogue
So, should I just ignore them?? It's only for several £100.....
dkent1977- Not so newb
- Posts : 23
Join date : 2017-08-30
Location : Cornwall
Re: Cabot - Catalogue
Hi,
If they produce the agreement after 40 days, can they still use it or can it be used as part of your defence in court.
If they produce the agreement after 40 days, can they still use it or can it be used as part of your defence in court.
Big Redman- Newb
- Posts : 3
Join date : 2018-01-26
Page 1 of 1
Permissions in this forum:
You cannot reply to topics in this forum
|
|