Credit Agreement Wording Help!

Gareth19

The latest on this saga is that I wrote to Shoosmiths and I enclosed a copy of my termination letter from 2002. I advised them as they had no proof whatsoever that it was a surrender as they claim. They have written back to me saying as I refuse to pay they have closed their file and sent it back to Cabot. Guess I'll see what they have to say now

DarkConvict

Cabot is just another DCA, keep us posted.

Gareth19

An update to this matter! As mentioned earlier Shoosmiths gave up and handed it back to Cabot. I then had a letter from Morgan Solicitors (presumably a part of Cabot) saying I must contact them immediately regarding this matter and going on about "Practic Direction" (whatever that is) and legal proceedings. I wrote back to them explaining that I had proved to Cabot and Restons that it was a voluntary termination and to update their balance to reflect the fact I am only liable for 50%. I told them I had so far been given no proof whatsoever from anyone that it was a voluntary surrender as they keep trying to tell me. I even SAR'd Cabot and they still had no evidence. Anyway this morning I had a letter from Northampton County Court with a Response pack. They're obviously trying for a CCJ. So Morgan solicitors still did not provide me with any proof of a voluntary surrender and instead went straight to apply for a CCj without even asnwering my letter. I have never denied the debt only the balance. I have contacted CCCS and they agree with me that I am only liable for 50% which means a balance of £1194-73 not the £8927-73 they are claiming. Oh plus the £290 costs they have just added on with court and solicitors fees. I am obviously going to defend this and may even submit a counterclaim for all the time I have wasted explaining to everyone. Obviously I have to reply within 14 days so any advice or suggestions would be very much appreciated! Cheers!!

GeorgeUK

I would definately update your thread on the CAG board - i have no experience with writing a defense of filling in court papers.

In post 16 you say you got a SAR, but also

In a nutshell they are saying it was a voluntary surrender

What document in the SAR says this or is this just what they are saying in the letter?

Gareth19

It was actually Shoosmiths Solicitors who said it was voluntary surrender. They told me earlier this year when I challenged the account balance. In the best part of 10 years since I took out the loan nobody mentioned the term voluntary surrender until this year. I'd never even heard of it. When I SAR'd Cabot I found no evidence to back up their theory. In fact I saw an email in the SAR from someone basically saying they could not find any evidence in their files but I was never told this and would not have known if it wasn't for the SAR info. Shoosmiths tried to turn the tables and asked me if I had any proof that I voluntary terminated. To which I politely informed them that as a voluntary surrender was not something I had even heard of or even listed on the CCA as an option there was no way I could have taken that route. I then provided a copy of the letter I wrote back in 2002 to terminate the account voluntarily. That is when Shoosmiths told me they were passing the account back to Cabot and who have obviously since passed it on to Morgan Solicitors.

DarkConvict

By the sounds of it you are just going to have to defend it in court, and present all the proof you have provided here.

CAG forums should be able to help with a defence, as should a free 30min session with a solicitor.

GeorgeUK

I would enquire on the CAG board what is required for a voluntary surrender to take place - if your signature is required then they should have been able to provide that with the SAR.

good luck.