wrongly accused vs cabot

[sharron22]

Re: wrongly accused vs cabot

please advice, I recieved back today a letter from simply be( diva la vida). regarding the original credit agreement I requested and what they said they did not have but!! has turned up., In their letter they say"they are under no obligation to provide the signed copy, but have sent a reconstituted copy. my name an address have been hand written on the papers but no signature of mine is on there. (because it's not my debt) so what I would like to ask is. what is a reconstituted copy? and is that enough to fight their corner?, I'm so sorry but I'm a naieve when it comes to legal matters I have no idea. and feeling very low regarding this whole matter

[sharron22]

Re: wrongly accused vs cabot

please advice, I recieved back today a letter from simply be( diva la vida). regarding the original credit agreement I requested and what they said they did not have but!! has turned up., In their letter they say"they are under no obligation to provide the signed copy, but have sent a reconstituted copy. my name an address have been hand written on the papers but no signature of mine is on there. (because it's not my debt) so what I would like to ask is. what is a reconstituted copy? and is that enough to fight their corner?, I'm so sorry but I'm a naieve when it comes to legal matters I have no idea. and feeling very low regarding this whole matter

[Kati]

Re: wrongly accused vs cabot

[MENTION=55034]nemesis45[/MENTION] ... can you advise??

don't worry [MENTION=68165]sharron22[/MENTION] someone will be along soon xx

[nemesis45]

Re: wrongly accused vs cabot

please advice, I recieved back today a letter from simply be( diva la vida). regarding the original credit agreement I requested and what they said they did not have but!! has turned up., In their letter they say"they are under no obligation to provide the signed copy, but have sent a reconstituted copy. my name an address have been hand written on the papers but no signature of mine is on there. (because it's not my debt) so what I would like to ask is. what is a reconstituted copy? and is that enough to fight their corner?, I'm so sorry but I'm a naieve when it comes to legal matters I have no idea. and feeling very low regarding this whole matter

Hello Sharron,
A reconstituted agreements don't have to have signatures.
Is your name and address as it as when the account was opened?
A reconstituted agreement must have,
Your name and address at the time the agreement was opened,
the terms and conditions relevant when the account was opened and
those relevant when the account was closed
any material amendments made during the life of the agreement
and any documents mentioned in the Terms and conditions.
The provision of recons was made possible by " case law".
As you say your daughter opened the account and paid the first
payment on her debit card and the item(s) were only delivered
to your address .

Save me going through all the posts was the " ownership" of the account
ever made the subject of a complaint to the catalogue and ultimately
Cabot/

nem

[sharron22]

Re: wrongly accused vs cabot

I complained the account did and does not belong to me, in every telephone call and letter. my name and address is hand written on the agreement,letters came in my daughters name then suddenly started coming in mine and her names then just appeared in my name

[sharron22]

Re: wrongly accused vs cabot

when I accepted delivery I handed the parcel over and never gave it a second thought right up till a bailiff got in touch all these years later

[nemesis45]

Re: wrongly accused vs cabot

when I accepted delivery I handed the parcel over and never gave it a second thought right up till a bailiff got in touch all these years later

4

Hello Sharron,

Your defence is clear really in that " you are not now nor ever have been a customer of xxxxxxxxxxxxxx catalogue company."
You have not at any time placed an order for goods nor have you made any personal payment for any goods.
It is admitted that on date I signed electronically for a delivery of goods ordered by name..................:

This is what you would have submitted if you had the opportunity to defend the original claim.

nem

[sharron22]

Re: wrongly accused vs cabot

thank you nem,for your reply. I have a date at court for 12th july to have it set aside, but cabot said in no uncertain terms they are going to contest it,I'm going to this court date blind I have no idea what is going to happen, all I know is I'm stressed to bits, I recieved an reconstituted agreement from simply be who said they didn't have it when I rang few weeks back , the one they sent looks to me as thou it has just been photocpied and my name added to it what they are doing is wrong right ?

[sharron22]

Re: wrongly accused vs cabot

can that reply still not be used at some point, ? or if the judge decided the claim will not be set aside what happens then ?

[FlamingParrot]

Re: wrongly accused vs cabot

thank you nem,for your reply. I have a date at court for 12th july to have it set aside, but cabot said in no uncertain terms they are going to contest it,I'm going to this court date blind I have no idea what is going to happen, all I know is I'm stressed to bits, I recieved an reconstituted agreement from simply be who said they didn't have it when I rang few weeks back , the one they sent looks to me as thou it has just been photocpied and my name added to it what they are doing is wrong right ?

A recon is OK if it had been your agreement, however, if you never had an account with them and they've just fabricated an agreement by putting your name on it that would amount to fraud.

can that reply still not be used at some point, ? or if the judge decided the claim will not be set aside what happens then ?

The CCJ stands.

[sharron22]

Re: wrongly accused vs cabot

well the only thing I can do now is wait till july 12th see what happens, total exausted by this, ty for our replies

[sharron22]

Re: wrongly accused vs cabot

UPDATE= my daughter came to visit today with letters addressed to her at her address from cabot, she is now going through her paper work looking for an agreemen, but said" at the time she doesn't think she recieved an agreement to sign as she did it online

[FlamingParrot]

Re: wrongly accused vs cabot

well the only thing I can do now is wait till july 12th see what happens, total exausted by this, ty for our replies

UPDATE= my daughter came to visit today with letters addressed to her at her address from cabot, she is now going through her paper work looking for an agreemen, but said" at the time she doesn't think she recieved an agreement to sign as she did it online

For online applications made from 2005 onwards, there is no need to forward a hard copy of the agreement to sign as a tick box fulfils the role of a signature. :typing:

However, you are not arguing about the enforceability of the agreement but the fact that the debt is not even yours and the CCJ was clearly issued in error. Letters from the company addressed to your daughter should provide you with evidence that the debt is not yours. :thumb:

[nemesis45]

Re: wrongly accused vs cabot

OK Cabot's killing off it's own case here, now it's clear the account was not yours.

Ken Stannard is CEO Cabot UK and Europe get a Formal Complaint off
to him by signed for post.
Online accounts still have an agreement and if a regulated agreement
is mentioned in the particulars of claim then is must be supplied when
a CCA request is made.

nem

[sharron22]

Re: wrongly accused vs cabot

I have the court case 12th of this month, to try get this set aside but dunno if I'm doing this all right ?? feeling a little sick thinking about it, but I'm not giving up, so may I ask. what do I need to take with me to court on that day, and should I try get legal aid or no win no fee solicitors help. because as far as I'm concerned those agreement papers have been photocopied and filled in to make it look as thou they are mine. they have broken data protection by disclosing my daughters finances,caused me undue stress by bailiffs knocking at my door.and a constant worry since this all came at my door