Page 2 of 3 FirstFirst 123 LastLast
Results 26 to 50 of 51

Thread: Cabot Financial Vs TommyWal

  • Share
  • Thread Tools
  • Display
  1. #26
    Join Date
    Mar 2016
    Posts
    27
    Mentioned
    1 Post(s)

    Default 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

  2. #27
    Join Date
    Mar 2016
    Posts
    27
    Mentioned
    1 Post(s)

    Default 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

  3. #28
    Join Date
    Sep 2009
    Posts
    10,260
    Mentioned
    341 Post(s)

    Default 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

  4. #29
    Join Date
    Mar 2016
    Posts
    27
    Mentioned
    1 Post(s)

    Default Re: Cabot Financial Vs TommyWal

    From the original creditor

    - - - Updated - - -

    Capital One

  5. #30
    Join Date
    Sep 2009
    Posts
    10,260
    Mentioned
    341 Post(s)

    Default Re: Cabot Financial Vs TommyWal

    Quote 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

  6. #31
    Join Date
    Mar 2016
    Posts
    27
    Mentioned
    1 Post(s)

    Default Re: Cabot Financial Vs TommyWal

    I have no idea. Maybe I clicked something I shouldn't have. It's a bit tricky navigating the forum.

  7. #32
    Join Date
    Sep 2009
    Posts
    10,260
    Mentioned
    341 Post(s)

    Default Re: Cabot Financial Vs TommyWal

    Quote Originally Posted by TommyWal View Post
    I have no idea. Maybe I clicked something I shouldn't have. It's a bit tricky navigating the forum.
    Post #18 (sorry, I was 1 post adrift!) on page 1 of this thread.
    Did you send a CCA request to Cabot?
    Perhaps you sent a SAR to Cap1? :noidea:
    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

  8. #33
    Join Date
    Mar 2016
    Posts
    27
    Mentioned
    1 Post(s)

    Default Re: Cabot Financial Vs TommyWal

    I sent a letter to Capital One asking for a copy of the original credit agreement under s78 with the £1 fee. (I have posted their response above). I also sent the same letter to Mortimer Clarke advising of this along with the CPR 31.14.

    Mortimer Clarke replied with
    "We acknowledge request for docs pursuant to S78 of the Consumer Credit Act 1974 and CPR 31.14.
    For the avoidance of doubt, this firm acts on its clients instructions. We have asked our client to provide them and we will come back to you as soon as we can"

    Have I sent the requests to to the correct place? I am so confused with it. And my defence has to be in by 14/1/17

  9. #34
    Join Date
    Sep 2009
    Posts
    10,260
    Mentioned
    341 Post(s)

    Default Re: Cabot Financial Vs TommyWal

    Quote Originally Posted by TommyWal View Post
    I sent a letter to Capital One asking for a copy of the original credit agreement under s78 with the £1 fee. (I have posted their response above). I also sent the same letter to Mortimer Clarke advising of this along with the CPR 31.14.

    Mortimer Clarke replied with
    "We acknowledge request for docs pursuant to S78 of the Consumer Credit Act 1974 and CPR 31.14.
    For the avoidance of doubt, this firm acts on its clients instructions. We have asked our client to provide them and we will come back to you as soon as we can"

    Have I sent the requests to to the correct place? I am so confused with it. And my defence has to be in by 14/1/17
    Did you include a £1 fee with the CCA request to Mort C? (It seems that you did as they have acknowledged it).
    Cap1 are no longer classed as the Creditor for the purposes of CCA 1974.
    But they will probably have info which could be useful to you; a SAR is the usual method of obtaining data from the original creditor.
    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

  10. #35
    Join Date
    Mar 2016
    Posts
    27
    Mentioned
    1 Post(s)

    Default Re: Cabot Financial Vs TommyWal

    I did not request an SAR at the time as I was down a lot on earnings due to a motorcycle accident and time off work.

    I guess I should make an SAR request but it is not going to help for filing my defence which is due 14th of this month.

    I did not realise Capital one are no longer the Creditor. I sent them the £1 fee and basically sent Mortimer Clarke a copy of the CCA request and a covering letter.

    I have in my possession now a printed copy of the credit agreement (which was signed online) and a copy of the defaulted agreement.

    I am unsure how to proceed now with this information.

  11. #36
    Join Date
    Sep 2009
    Posts
    10,260
    Mentioned
    341 Post(s)

    Default Re: Cabot Financial Vs TommyWal

    Quote Originally Posted by TommyWal View Post
    I did not request an SAR at the time as I was down a lot on earnings due to a motorcycle accident and time off work.

    I guess I should make an SAR request but it is not going to help for filing my defence which is due 14th of this month.
    It doesn't need to be part of your defence, but you may be able to used disclosed SAR data to compare (& possibly rebut) evidence supplied by the Claimant/solicitors.

    I did not realise Capital one are no longer the Creditor. I sent them the £1 fee and basically sent Mortimer Clarke a copy of the CCA request and a covering letter.
    So no valid CCA request, then.
    If it were me I'd send another CCA request (Ok now to send it via Mort C as they are now legally representing the Claimant, but the request should be made to the Claimant. Also include a covering letter to Mort C - "Please find enclosed CCA request...pass it to your client....etc").
    Enclose £1 fee (postal order is good, payable to the Claimant) & endorse 'For Statutory purposes only.
    Keep copies of everything & get proof of posting.


    I have in my possession now a printed copy of the credit agreement (which was signed online) and a copy of the defaulted agreement.
    A SAR will get you much more info.

    I am unsure how to proceed now with this information.
    ####
    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

  12. #37
    Join Date
    Mar 2016
    Posts
    27
    Mentioned
    1 Post(s)

    Default Re: Cabot Financial Vs TommyWal

    OK so the CCA needs to be sent directly to Cabot Financial UK (who have the same address as capital one)as they are named as the claimant in the claims form? Obviously I have no chance or receiving a response to the SAR befor my defence is due (14th Jan)

  13. #38
    Join Date
    Sep 2009
    Posts
    10,260
    Mentioned
    341 Post(s)

    Default Re: Cabot Financial Vs TommyWal

    Quote Originally Posted by TommyWal View Post
    OK so the CCA needs to be sent directly to Cabot Financial UK (who have the same address as capital one)
    Where do you get this information from?
    as they are named as the claimant in the claims form?
    Obviously I have no chance or receiving a response to the SAR befor my defence is due (14th Jan)
    Doesn't matter.....there's loads of time before a court hearing (if it ever gets that far).
    ####
    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

  14. #39
    Join Date
    Mar 2016
    Posts
    27
    Mentioned
    1 Post(s)

    Default Re: Cabot Financial Vs TommyWal

    Ah, I see. I misread your post. I thought you meant send to the claimant. Now I understand.

    Send to Mortimer Clarke but address to claimant.

    It is really difficult to deal with. I have no idea what the correct procedure is and don't understand the legal lingo in the letters.
    Thanks charitynjw!

  15. #40
    Join Date
    Sep 2009
    Posts
    10,260
    Mentioned
    341 Post(s)

    Default Re: Cabot Financial Vs TommyWal

    Quote Originally Posted by TommyWal View Post
    Ah, I see. I misread your post. I thought you meant send to the claimant. Now I understand.

    Send to Mortimer Clarke but address to claimant.
    Ok
    From memory, the Claimant (Cabot) does not have the same address as Cap1.
    Use the Cabot address on the N1 court claim form; also use Mort C address per claim form.
    The CCA request should show Cabot's name/address on the letter, but send it via Mort C (Mort C's name/address on envelope).
    Enclose a covering letter addressed to Mort C asking them to forward the CCA request to their client, Cabot.

    It is really difficult to deal with. I have no idea what the correct procedure is and don't understand the legal lingo in the letters.
    Thanks charitynjw!
    ####
    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

  16. #41
    Join Date
    Mar 2016
    Posts
    27
    Mentioned
    1 Post(s)

    Default Re: Cabot Financial Vs TommyWal

    Thank you. I will get that in tomorrow's post. And start editing the defence letter.

  17. #42
    Join Date
    Mar 2016
    Posts
    27
    Mentioned
    1 Post(s)

    Default Re: Cabot Financial Vs TommyWal

    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.

    Tommy
    Last edited by TommyWal; 10th April 2017 at 07:43:AM. Reason: Incorrect info

  18. #43
    Join Date
    Apr 2009
    Posts
    4,628
    Mentioned
    115 Post(s)

    Default Re: Cabot Financial Vs TommyWal

    they are begging you at this stage offering discounts ?/ummmmmmmmmm

  19. #44
    Join Date
    Mar 2016
    Posts
    27
    Mentioned
    1 Post(s)

    Default Re: Cabot Financial Vs TommyWal

    That was my thoughts! Not sure whether to ignore or to write back telling them to carry on proceedings?

  20. #45
    Join Date
    Apr 2009
    Posts
    4,628
    Mentioned
    115 Post(s)

    Default Re: Cabot Financial Vs TommyWal

    never letter tennis with them see what comes next?

  21. #46
    Join Date
    Mar 2016
    Posts
    27
    Mentioned
    1 Post(s)

    Default Re: Cabot Financial Vs TommyWal

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

  22. #47
    Join Date
    Nov 2014
    Posts
    14,414
    Mentioned
    1602 Post(s)

    Default Re: Cabot Financial Vs TommyWal

    Quote 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.

    Tommy
    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.

    nem
    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 Specific Advice is Needed 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.





  23. #48
    Join Date
    Feb 2017
    Posts
    439
    Mentioned
    25 Post(s)

    Default 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

  24. #49
    Join Date
    Mar 2016
    Posts
    27
    Mentioned
    1 Post(s)

    Default 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?

  25. #50
    Join Date
    Jun 2014
    Posts
    10,267
    Mentioned
    985 Post(s)

    Default 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 http://lbcompare.co.uk

Page 2 of 3 FirstFirst 123 LastLast

Similar Threads

  1. Replies: 28
    : 8th April 2016, 14:56:PM
  2. Replies: 44
    : 18th February 2016, 09:15:AM
  3. Replies: 1
    : 17th March 2015, 10:19:AM
  4. Replies: 16
    : 30th April 2014, 08:31:AM
  5. Replies: 16
    : 30th April 2014, 08:31:AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Contact Us



© Celame (UK) Ltd 2016
Hosted by Lodge Information Services Ltd
LegalBeagles® are DPA Registered No. ZA158014
LegalBeagles® is the trading name of CELAME (UK) LIMITED ( 09220332 )
Registered Address: 25 Moorgate, London, England, EC2R 6AY
VAT registration number 206 9740 02
User Alert System provided by Advanced User Tagging v3.1.3 (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd.
Feedback Buttons provided by Advanced Post Thanks / Like (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd. Runs best on HiVelocity Hosting.
Celame (UK) Ltd Powered by vBulletin® Version 4.2.3
Copyright © 2017 vBulletin Solutions, Inc. All rights reserved.
TOP