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Cabot old credit card debt

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  • #46
    Originally posted by warwick65 View Post
    A reconstituted agreement should say so and it will not have your signature on it. Basically it is a copy of what you would have signed and is allowed when sending a cca request.

    It must be truthful and honest however the purpose of a cca request is to provide information and not as a means of proof.
    The letter I received states it's a reconstituted true copy, one page has my signature on, but the rest of the agreement looks like a copy of some sort.

    Comment


    • #47
      I would imagine there should be two sets of terms and conditions, one from when you signed the agreement and another of the ones in place at default if they had changed . There is not always two sets especially if the open and default dates are relatively close

      In many cases I received one signed agreement and then a much clearer print of the defaulted terms - doesn't mean they have enough to enforce in court

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      • #48
        Is it even enforceable after 7.5 years of non payment, and solicitors at the time said the agreement was unenforceable due to errors in it? More importantly can they get a CCJ against me?

        Comment


        • #49
          Originally posted by Diana M


          I can see from this post in 2016 that the owner of the debt is Cabot Financial (UK) Ltd which is unlicensed, so they'll have other legal challenges to face apart from whether any credit agreement is compliant.

          Too much emphasis is placed solely on the credit agreement being enforceable (or not).

          My firm won a case in court his morning where the Claimant had produced a signed document purporting to be the credit agreement. The form had been completed in the Defendant's handwriting too, but it was fatally flawed for other reasons. They lost a substantial claim and had to pay our legal costs

          Secondly I see that you had instructed a solicitor at the time (2010) who advised you to stop paying. However the last payment date is not necessarily the moment when the Statute Barred clock stops ticking.

          When did you cease to instruct the solicitor, did they write further to Mint which would be seen as an acknowledgment of the debt for SB purposes? etc etc.

          Di
          Thanks for reply, after Solicitor wrote to Mint and I stopped paying I don't think there were any further correspondence with them as they sold the debt on very quickly, I had a few different companies contact me before it ended up with Cabot .

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          • #50
            Diana M
            At this stage do I just ignore their letter and see if they write again? Thanks again for your previous help.
            ​​​​

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            • #51
              Diana M
              nemesis45

              Got this letter today, I've never agreed anything with them at any point as I refuse to speak to them. Are these just begging letters at this point?
              Attached Files

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              • #52
                Originally posted by Dobbs2010 View Post
                Diana M

                Got this letter today, I've never agreed anything with them at any point as I refuse to speak to them. Are these just begging letters at this point?

                That letter simply says they would like to hear from you. Nothing more, nothing less.

                I see no reason to reply.

                Di

                Comment


                • #53
                  Originally posted by Diana M View Post


                  That letter simply says they would like to hear from you. Nothing more, nothing less.

                  I see no reason to reply.

                  Di
                  Thank you.

                  Comment

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