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Cabot Financial Vs TommyWal

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  • #16
    Re: Cabot Financial Vs TommyWal

    got myself BT call guard answer machine end of these silly calls as are blocked

    Comment


    • #17
      Re: Cabot Financial Vs TommyWal

      Originally posted by TommyWal View Post
      Hi, could anyone tell me whether I should answer phone calls from Cabots solictors (mortimer clarke) or should I just I continue to communicate by post?

      I am worried that they are going to harrass me and try to get me to pay money out.
      For your own safety keep everything I writing Mortimer Clarke is not there to help you it is owned by Cabot.

      nem

      Comment


      • #18
        Re: Cabot Financial Vs TommyWal

        Thanks nem. I will await their reply to my CPR and also the CCA from Cabot. Thank you guys!

        Comment


        • #19
          Re: Cabot Financial Vs TommyWal

          Originally posted by TommyWal View Post
          tell me whether I should answer phone calls from Cabots solictors (mortimer clarke) or should I just I continue to communicate by post?

          I am worried that they are going to harrass me and try to get me to pay money out.
          They may be ringing you about the other debt they have of yours.

          As has been said, everything in writing - they'll soon tire of ringing. Cabot use autodial so they won't know whether you're ignoring them or out Christmas shopping

          Have you sent the SAR to Capital One?

          Di

          Comment


          • #20
            Re: Cabot Financial Vs TommyWal

            Hi all. Update. Received a letter dated 23/12/2016 from Mortimer Clarke.

            "We acknowledge your request for documents pursuant to Section 78 of the Con sumer Credit Act 1974 and CPR 31.14.

            For the avoidance of doubt, this firm acts on its client's instructions. This firm does not hold the documentation you have requested. We have asked our client to provide them and will come back to you as soon as we can.

            I'm the meantime, the matter has placed on hold and no further action will be taken."

            So I wait and see what they say!

            Comment


            • #21
              Re: Cabot Financial Vs TommyWal

              Originally posted by TommyWal View Post
              Hi all. Update. Received a letter dated 23/12/2016 from Mortimer Clarke.

              "We acknowledge your request for documents pursuant to Section 78 of the Con sumer Credit Act 1974 and CPR 31.14.

              For the avoidance of doubt, this firm acts on its client's instructions. This firm does not hold the documentation you have requested. We have asked our client to provide them and will come back to you as soon as we can.

              I'm the meantime, the matter has placed on hold and no further action will be taken."

              So I wait and see what they say!
              Hi Tommy,

              The " on hold" From Mortimer Clarke means nothing in terms of the court process so take care.

              nem

              Comment


              • #22
                Re: Cabot Financial Vs TommyWal

                Your defence needs to be filed at court by 14th Jan.
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #23
                  Re: Cabot Financial Vs TommyWal

                  What should be in a defence? I doubt that I will receive any of the documents from Capital One by then.

                  Comment


                  • #24
                    Re: Cabot Financial Vs TommyWal

                    Originally posted by TommyWal View Post
                    What should be in a defence? I doubt that I will receive any of the documents from Capital One by then.
                    'No documents' defence example for you to tweak.
                    http://legalbeagles.info/forums/show...t-Court-Claims
                    This relates to the CCA & CPR requests.
                    The DSAR from Cap1 does not figure in your actual defence, so don't worry about not receiving that info atm.
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb


                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.


                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment


                    • #25
                      Re: Cabot Financial Vs TommyWal

                      Thanks charitynjw. I shall await delivery of the CCA before using theither template.
                      Thanks again

                      Comment


                      • #26
                        Re: Cabot Financial Vs TommyWal

                        Hi. So today I received the CCA from Capital One. It does have my name on but no signature. The covering letter states "our records show that you applied for and signed your credit agreement online"

                        "I enclose a copy of your original agreement with Capital One. Please not this sets out your name and address at the time you entered into your agreement with Capital One on 8th Apr 2014. I also enclose a a copy of your defaulted agreement; and at the end of the letter, set out a statement of account as required under S78"

                        "Prior to signature you were provided with a full copy of the terms of your original agreement to keep and we're sent a further copy of your original agreement with your first credit card"

                        "As we have complied with our obligations under S78, we will not be entering into any further correspondence regarding the provision of copy agreements. Your agreement is enforceable and we will continue to treat it as such"

                        How do I and should I proceed with defence?
                        Thanks.
                        Tommy

                        Comment


                        • #27
                          Re: Cabot Financial Vs TommyWal

                          Hi. So today I received the CCA from Capital One. It does have my name on but no signature. The covering letter states "our records show that you applied for and signed your credit agreement online"

                          "I enclose a copy of your original agreement with Capital One. Please not this sets out your name and address at the time you entered into your agreement with Capital One on 8th Apr 2014. I also enclose a a copy of your defaulted agreement; and at the end of the letter, set out a statement of account as required under S78"

                          "Prior to signature you were provided with a full copy of the terms of your original agreement to keep and we're sent a further copy of your original agreement with your first credit card"

                          "As we have complied with our obligations under S78, we will not be entering into any further correspondence regarding the provision of copy agreements. Your agreement is enforceable and we will continue to treat it as such"

                          How do I and should I proceed with defence?
                          Thanks.
                          Tommy

                          Comment


                          • #28
                            Re: Cabot Financial Vs TommyWal

                            Hi TommyWal

                            Reply to CCA request from whom?
                            CAVEAT LECTOR

                            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                            You and I do not see things as they are. We see things as we are.
                            Cohen, Herb


                            There is danger when a man throws his tongue into high gear before he
                            gets his brain a-going.
                            Phelps, C. C.


                            "They couldn't hit an elephant at this distance!"
                            The last words of John Sedgwick

                            Comment


                            • #29
                              Re: Cabot Financial Vs TommyWal

                              From the original creditor

                              - - - Updated - - -

                              Capital One

                              Comment


                              • #30
                                Re: Cabot Financial Vs TommyWal

                                Originally posted by TommyWal View Post
                                Thanks nem. I will await their reply to my CPR and also the CCA from Cabot. Thank you guys!
                                Your post #19
                                CAVEAT LECTOR

                                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                                You and I do not see things as they are. We see things as we are.
                                Cohen, Herb


                                There is danger when a man throws his tongue into high gear before he
                                gets his brain a-going.
                                Phelps, C. C.


                                "They couldn't hit an elephant at this distance!"
                                The last words of John Sedgwick

                                Comment

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