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Cabot Financial Vs TommyWal

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  • #46
    Re: Cabot Financial Vs TommyWal

    Cheers. No point in wasting time on it. No doubt they'll write to me! Thanks Mike


    • #47
      Re: Cabot Financial Vs TommyWal

      Originally posted by TommyWal View Post
      Hi all. I have finally received a letter from Mortimer Clarke. They say : further to your letter and request for docs......

      Our client has provided us with the docs and we enclose the following:

      1. Reconstituted Credit Card Agreement.
      2. Original Ts&Cs
      3. Defaulted Ts&Cs
      4. Statements from original creditor from 04/05/2014 to 04/02/2017
      5. Letter dated 19/10/2015 notifying me that debt has been assigned.
      6. Signed statement of account on behalf of claimant.

      Now, in the same envelope which was sent 1st class post. They also include an offer if a 15% discount to "avoid the need for further court proceedings".

      "If I agree to this proposal we may be instructed to send you s Tomlin Order detailing the settlement agreement"

      They also have enclosed income expenditure forms.

      I would be grateful if anyone could advise if this is common or whether it means they can win in court or not with the documents they have provided me.

      Thanks once again.

      Good morning Tommy,
      A " reconstituted " credit agreement must have the following and must be easily legible in all parts.

      1. Your name and address as it was when the account was opened.

      2. The original creditors name and address at the time the account was opened.

      3. The T's & C's relevant when the account was opened.

      4. The T's & C's relevant when the account was closed.

      5. Any other documents mentioned in the T's & C's.

      You should also receive a signed current statement of the account.

      It would help if you could post copies of what you have received after removing personal data.

      The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

      Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

      If you receive messages from anyone offering advice for a fee please report it to the site team.

      Animo et fide.


      • #48
        Re: Cabot Financial Vs TommyWal

        Hi Tommy
        So you have a copy of the agreement and defaulted agreement from Cap 1 and a reconstituted copy of both from Cabot. Are they essentially the same , i.e same name and address, same terms etc. Cap 1 terms and conditions often have a version number at the bottom , something like V#10

        Have they sent you anything else you asked for under CPR 31.14
        Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
        I have no formal legal training
        Any advice is offered without liability
        If in doubt take professional legal advice or contact the CAB


        • #49
          Re: Cabot Financial Vs TommyWal

          Thanks guys. Ben, do you mean to post photos? If so how do I do it from the mobile site?


          • #50
            Re: Cabot Financial Vs TommyWal

            email them to me (see my signature for details) and I'll pop them up 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.

            I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
            But please include a link to your thread so I know who you are.

            Specialist advice can be sought via our sister site JustBeagle


            • #51
              Re: Cabot Financial Vs TommyWal

              Brill. Thanks Kati.



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