Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

[al_jh]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

Hi nem. The letter they have sent states that they have also enclosed a statement of account, which is there, terms and conditions which are the 5 pages of what seem random pages that do not follow in any sequence and a reconstituted true copy of the credit agreement which certainly is NOT in the envelope. The letter and statement of account have named Barclaycard and the account number but ther is nothing else detail wise.

[nemesis45]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

Hi nem. The letter they have sent states that they have also enclosed a statement of account, which is there, terms and conditions which are the 5 pages of what seem random pages that do not follow in any sequence and a reconstituted true copy of the credit agreement which certainly is NOT in the envelope. The letter and statement of account have named Barclaycard and the account number but ther is nothing else detail wise.

What you have received is the recon "agreement" and a very poor one at that!

Major failure is lack of your name and address, must have 2 distinct copies of T's & C's.

S o I suggest at this stage:

Sir/Madam

I am acknowledging receipt of the documents alleged to be a true copy of the agreement relevant to the alleged debt subject to Claim No.xxxxxxxxxxxxxxxxxxx.
I am sure that Cabot is fully aware that the documents which is has provided titled " A reconstitute copy of the agreement" is most certainly not a properly constituted copy of the original agreement and does not meet the requirement of my request made under sections 77/78 of the Consumer Credit Act 1974.

In light of the above I invite Cabot to with draw this claim in the interest of saving costs and court time.
Should Cabot not agree to the above and continues the claim the failure to provide a compliant copy of the agreement relevant to the alleged debt.

In the event Cabot continues the claim it will be robustly defended.

Send by signed for post and check delivery date.

( this has succeeded with Cabot's Crap Recons on a number of occasions)

nem

[al_jh]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

Hi nem. Many thanks. There are no details of my address when the account was opened. The creditors name is mentioned but with no address. 2 pages of the Barclaycard Conditions have the date on top of page probably copied or faxed as 22/9/09 time 19.08. Account is from 2003. What happens now regarding the defence I have put in to Northampton?

[nemesis45]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

Hi nem. Many thanks. There are no details of my address when the account was opened. The creditors name is mentioned but with no address. 2 pages of the Barclaycard Conditions have the date on top of page probably copied or faxed as 22/9/09 time 19.08. Account is from 2003. What happens now regarding the defence I have put in to Northampton?

That's fine the defence stands and we may well get them to withdraw!!

Nem

[al_jh]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

Lets hope so!! Because I put the defence in before I received this Reconstituted Agreement, will the court now contact Cabot asking them to provide evidence of having a true copy of the agreement. In my defence it states that I had received nothing from both Cabot or Mortimer Clarke Solicitors as at that time. Its seems obvious that what they sent is all they have got!

[nemesis45]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

Lets hope so!! Because I put the defence in before I received this Reconstituted Agreement, will the court now contact Cabot asking them to provide evidence of having a true copy of the agreement. In my defence it states that I had received nothing from both Cabot or Mortimer Clarke Solicitors as at that time. Its seems obvious that what they sent is all they have got!

Both you and Cabot will (if the claim goes ahead) will submit witness statements and at least 14 days before the hearing all documents each party intends to rely on must be disclosed.
What has been sent as a recon is imo garbage so that part can be addressed in the WS by stating what Cabot supplied in response to the CCA request.

But for now one stage at a time send the letter.

nem