Cabot enforcable?

How_much

Requested a CCA from Cabot with reference to a Mint Credit card (we have been with Stepchange since 2008) Cabot have replied with a poor copy, very small and not really readable - maybe with a magnifying glass!!, of the original Credit card application headed " Credit Card Agreement regulated by the Consumer Credit Act 1974" 2 pages of very small text. I imagine we applied with their A5 size of leaflet folded? It incudes our address at the time which has been struck through and our present address written in, It is completed and signed by my wife and myself and dated 11/01/06, also included is a statement showing payments made to Wescot from 2017 to date. It looks like it was a joint application made by my wife with my name added as an additional cardholder.
It does include the typical APR%

What would be the consensus on it being enforceable as Cabot say it is?

DannyPearce90

If you look at the case law, the debt will be enforceable unfortunately.

sourcrates

Hi,

Any copy credit agreement must be a legible copy, you must reasonably be able to read it, how else would you know what you were signing up to ?
If that’s not the case, the copy is not compliant.

Just_Di

How_much wrote: »

Requested a CCA from Cabot with reference to a Mint Credit card . . . .

Cabot have replied with a poor copy, very small and not really readable . . . . of the original Credit card application headed " Credit Card Agreement regulated by the Consumer Credit Act 1974" 2 pages of very small text. I imagine we applied with their A5 size of leaflet folded? It incudes our address at the time which has been struck through and our present address written in, It is completed and signed by my wife and myself and dated 11/01/06 . . . . It looks like it was a joint application . . .

. . . . What would be the consensus on it being enforceable as Cabot say it is?

A credit card account cannot be in joint names so the question is why was the 'credit agreement' you've been sent signed by both you and your wife?

Perhaps this was something to do with one of you being an Additional Card Holder but the credit agreement cannot be in both names.

So who is/was the account holder?

In my experience it's unusual to have a credit agreement headed "Credit Card Agreement" so are you sure that's what the document says not just "Credit Agreement . . ."?

The devil is in the detail when it comes to analysing documents produced by the 'other side' so you may need to run forensics over what you've been sent

Did you send a formal s 77-79 CCA Request together with the £1 statutory fee or was this a casual request such as a 'Prove It' letter?

Is the debt owner Cabot Financial Ltd., or Cabot Financial (UK) Ltd., or MFS/Marlin? This matters because an entity seeking payment of a debt should be authorised by the FCA. Some of the names I've mentioned do not currently have FCA authorisation.

Di

Just_Di

DannyPearce90 wrote: »

If you look at the case law, the debt will be enforceable unfortunately.

Which case law are you referring to?

Di

How_much

Just_Di wrote: »

A credit card account cannot be in joint names so the question is why was the 'credit agreement' you've been sent signed by both you and your wife?

Perhaps this was something to do with one of you being an Additional Card Holder but the credit agreement cannot be in both names.

So who is/was the account holder?

In my experience it's unusual to have a credit agreement headed "Credit Card Agreement" so are you sure that's what the document says not just "Credit Agreement . . ."?

The devil is in the detail when it comes to analysing documents produced by the 'other side' so you may need to run forensics over what you've been sent

Did you send a formal s 77-79 CCA Request together with the £1 statutory fee or was this a casual request such as a 'Prove It' letter?

Is the debt owner Cabot Financial Ltd., or Cabot Financial (UK) Ltd., or MFS/Marlin? This matters because an entity seeking payment of a debt should be authorised by the FCA. Some of the names I've mentioned do not currently have FCA authorisation.

Di

Thanks Di,

It was in my wife's name and I was an additional card holder, I signed that part of the form to be an additional card holder, will check which Cabot it was from later when I get home.

Yes I sent of the £1 postal order with the CCA request, I may have made a typo with the heading, again will check.


I started doing all of this at the beginning of November and sent off around 13 CCA requests, I need to list them and the outcomes so far, but I think only 3 out of them have come back as enforceable so far, they are maybe this one and a Capital one which Capital one still own and an MBNA which Cabot have......Cabot seem to have the majority of them! So at the moment I think out of an outstanding balance of £34,000 only around £12,000 is showing as enforceable, 3 are with Link Financial who have not even replied or acknowledged the CCA request. I have not stopped any Stepchange payments yet. Will get back to you. thanks,