Mortimer Clark, Marlin, Cabot

[Amethyst]

Re: Mortimer Clark, Marlin, Cabot

agreement attached


Did they send you anything else (other than the letter) - sheets of terms and conditions etc ?

[Jorjai66]

Re: Mortimer Clark, Marlin, Cabot

Hi, yes they did terms and conditions twice which slightly different wording.

[Amethyst]

Re: Mortimer Clark, Marlin, Cabot

Are on set current and one set inception terms or are they both meant to be the inception terms?

[Jorjai66]

Re: Mortimer Clark, Marlin, Cabot

Hi Amethyst,
I've emailed the front sheet of both terms and conditions.

[Amethyst]

Re: Mortimer Clark, Marlin, Cabot

Ah ok got your email.

In the signature page are there references to terms that are in the leaflet copy - can you check if the numbers match up (eg if they refer to term 3.2 about data protection - is term 3.2 about data protection) Also check the % rates and anything else to marry up the terms to the signature sheet.

[Jorjai66]

Re: Mortimer Clark, Marlin, Cabot

Hi Amethyst,
I've taken a closer look. One set of paperwork has key points numbered, the other paperwork has no numbers though the key points are set out but both sets are stating different things ie. we will charge a fee of 2.99per cent of any non sterling transactions made abroad the other states we will charge 2.75 per cent.

[Amethyst]

Re: Mortimer Clark, Marlin, Cabot

Okay could be original inception terms and current terms (as they are meant to send a copy of each). Is there anything in the agreement recon that mentions the additional terms and conditions ?

[pt2537]

Re: Mortimer Clark, Marlin, Cabot

one point of concern from the Defence is that the request for the credit agreement seems to be oral. If that is the case it would not be valid in my opinion certainly it wouldnt be afforded the protection of s78 if the creditor breached the provision.

A request under s78 must be in writing and must be accompanied by the statutory fee of £1.00. It is unclear if that has been done from the Defence above

[Amethyst]

Re: Mortimer Clark, Marlin, Cabot

If you read on a bit it does states a recorded delivery letter for the CCA was sent 9.7.14 - not sure about the £1 though ?

[pt2537]

Re: Mortimer Clark, Marlin, Cabot

If you read on a bit it does states a recorded delivery letter for the CCA was sent 9.7.14 - not sure about the £1 though ?

that was my concern, i assume nothing and question everything, but the Defence really does need to say that the £1.00 was sent in my view.

[Jorjai66]

Re: Mortimer Clark, Marlin, Cabot

I can't see anything that specifically mentions / headed, additional terms and conditions.

[Jorjai66]

Re: Mortimer Clark, Marlin, Cabot

The £1 postal order was sent to both Marlins and Cabot with the CCA request.

[Amethyst]

Re: Mortimer Clark, Marlin, Cabot

Do you have an update on this JorJai ?

[Jorjai66]

Re: Mortimer Clark, Marlin, Cabot

Do you have an update on this JorJai ?

Hi Amethyst,
No, they haven't made any contact. Thanks for asking.

[Jorjai66]

Mortimer Clark and Cabot

Hi, after 13 months of no contact from Mortimer Clark I received these letters in the post. I'm not sure what to do next any help or advice would be appreciated, thanks.