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Advice needed please - Mortimer Clarke / Cabot / Tesco

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  • #31
    Thanks for the SAR stuff.

    And the letter from Cabot. That does say their application was granted and they await directions from the court - so guess we are waiting for those directions now too.

    It all seems a bit odd in the SAR though doesn't it.

    Anyway the last statement is stated to have been September 2018 for £3500 odd so that does scan with the claim amount.
    The account status is showing as ZO - did they include a list of abbreviations? if not, might be worth giving them a call and asking what that stands for.
    PPI was cancelled in 2005.
    Theres one late payment charge in 2007.
    No transaction lists.
    No date of closure or date of charge off of the account.
    Nothing about arrears or default.
    It wasn't over its limit on the last statement date in Sept 18. It's actually about £1400 under the limit.
    Then there's updates to cardholder contact details in 2012 and oddly, a start date, for you as a cardholder in 2012, and also a start date for the address - and it's the same address as on the 2002 application.
    and then they say they have no knowledge of Cabot having anything to do with anything.
    No indication of the account being sold to Cabot ( or anyone)
    Nothing about the balance transfer being declined etc. But then that would have been back in 2002 so probably off their system by now.

    Presumably they sent you more stuff? or was that it ? any clues at all ?

    The letter does say ' fully comprehensive schedules of default" but can't see anything even vaguely related to a default.

    Well I'm sure that's just confused you more than you were originally. I think maybe you need to have a chat with Tesco and try find out what you can.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #32
      Hi Amethyst, that is all they sent me for the SAR, they said that's all the information they hold on me! There definitely isn't a default on my credit report. I will call them on and see what ZO means and keep trying to get through to the mediation service. Thanks

      Comment


      • #33
        Goodness me. That shows nothing. Also, very strange how they say there's nothing relating to Cabot when at some point they must have received a request from them for a copy of the agreement and responded to it ( with the wrong one it seems).
        Let me know what they say anyway xx
        “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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        • #34
          I'm back again. Cabot/Mortimer Clarke have now served more Court papers including a letter that they did not disclose in the SAR request. The letter was not provided by Tesco in response to my SAR to them either. They are going to rely on this to make their case as it is dated January 2012. I'm not sure what to do now. The application form is page one of 5 and the other four aren't in the paperwork. The application was declined but I can't prove it as it was 17 years ago. There has never been a default served as per the SAR request to Tesco. They provided the paperwork on the last day of the deadline that the Court gave them so I haven't provided a response yet. Their letter states they have resent information I have received multiple times, which is a lie and the letter from 2012 has never been included in any correspondence until now. I have sent s brief letter to the Court to ask for time to prepare a defence and pointing out that Cabot/Mortimer Clarke have withheld information which they are now using as their main defence but haven't heard back so far, can anybody help me with this please? Also, the Deed of Assignment, which has only just been sent to me has nothing in it that states my name or the account that it relates to, nearly half the pages of the 56 page document have been redacted too?

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          • #35
            What is the letter from 2012 ? Anything to do with change of address ?

            The deed of assignment will be heavily redacted but it should identify your account - else what's the point. Usually they are terms and then lists of accounts ( redacted apart from your account )
            “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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            • #36
              Originally posted by Amethyst View Post
              What is the letter from 2012 ? Anything to do with change of address ?

              The deed of assignment will be heavily redacted but it should identify your account - else what's the point. Usually they are terms and then lists of accounts ( redacted apart from your account )
              Hi Amethyst, no it's a letter I sent to do with the card I got later to do with payments. I don't know if you remember but I did have a card with them that I got in 2006 but they are trying to use an application I made for a balance transfer card in 2002 as the agreement. The deed of assignment has no details on it at all. There is no default notice either. I made a large purchase in 2006 and got into difficulty with it as I was given a £5k credit limit and had my double glazing done but was only earning around £5k a year on a seasonal contract, I had an agreement to pay a reduced amount to stop the interest being added and they have used a letter I sent them in 2012 to prove I had a card, which I did, but not the card they are saying the application form is for. Sorry if this is confusing. The application was denied as I wanted to transfer a balance from a card I was a second signatory on so there is no agreement for the 2006 card, nor a default notice or deed of assignment, which has only just been produced. When I sent the SAR to both Tesco and Cabot neither the letter they are 'relying on' for Court nor the deed of assignment were produced so I think they have deliberately withheld them

              Comment


              • #37
                Yip remember now - can you do me a favour - you sent me a ZIP file back in December with the docs on - I can't get it onto my PC ( I lost everything when my computer blew itself up ) - could you resend it to my personal email please ( only one I can currently access on the PC and I can't open ZIP files on my phone ) ( amethyst1664@hotmail.co.uk ) - just want to check something about a comment I made earlier in the thread relating to PPI being cancelled in 2005.

                Have you heard anything at all from court since submitting your witness statement arguing against their application to lift the stay ?
                “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                Comment


                • #38
                  Hi Amethyst, yes they accepted the claim. Mortimer Clarke where told to provide me with all documentation as I said I had still not received a signed agreement or default notice, the Court gave them until 24th May to send them to me and they arrived on 24th May, still no agreement or default notice but the edition of a deed of assignment that has no details relating to me and this letter from 2012 (I've sent them to you) which were not disclosed in the SAR

                  Comment


                  • #39
                    Just quickly confirming I've received the files and will have a look through a bit later on and come back to you xx
                    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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                    • #40
                      Originally posted by Amethyst View Post
                      Just quickly confirming I've received the files and will have a look through a bit later on and come back to you xx
                      Thanks Amethyst, much appreciated xx

                      Comment


                      • #41
                        What did the order ask you to do after receiving their documents ? File an amended defence ?

                        “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                        Comment


                        • #42
                          Originally posted by Amethyst View Post
                          What did the order ask you to do after receiving their documents ? File an amended defence ?
                          No, it said they had been filed with the Court and it was waiting for their further directions

                          Comment


                          • #43
                            Okay.
                            What happened at the allocation hearing ? IS that what led to the order for new particulars to be filed and served?

                            You need to get non compliance with the CCA sec78 into your defence formally as that IS your defence |(it is in your WS but not actually pleaded in defence ( attached)) - they have provided an agreement but it isnt that related to the account they are claiming on. At the moment it isnt there and you risk ' balance of probabilities ' judgment against you ( because they can show you did apply for an account - there's nothing to say that application was rejected, and they can evidence you had borrowed from Tesco etc ) Once the non compliance with the CCA is in it'll be better, but you still need to try show you didn't have any account between 2002 and 2006....

                            On the Deed, looks pretty standard ( the price is always redacted )… however the lists pages,30-55 should have one line not redacted ( ie your account )

                            On the 2002 agreement it is executed/sign by Tesco top left ( the upside down stamp ) can't read what it says - you'd think it would say declined though?

                            DO you recall if you did a balance transfer when you did the account opening in 2006? If so the closing/end statement from the account you transferred from might help evidence when the account was opened.

                            The terms that go with the application is meant to be the leaflets and scans of leaflet pages. There should be something to indicate which is the 'as varied' later terms (I think that's the one with the three columns on each sheet ) - and which are the 'orginal terms' from 2002 ( the dodgy copies with one column in the middle of a sheet) ? any indication you can make out of what years those are from?

                            Looking through the files I can't see where I got the info that PPI was cancelled in 2005 - and it's bugging me - any idea ? ( this post based on the SAR response
                            https://legalbeagles.info/forums/for...62#post1443162
                            )

                            Attached Files
                            “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                            Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                            Comment


                            • #44
                              have we checked to see if the Claimant is authorised to undertake activities like debt collecting , if they arent then there can be an argument made that they cannot recover the debt through court this is well and truly arguable
                              I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                              If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

                              I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                              You can also follow my blog on consumer credit here.

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                              • #45
                                Have we got a judgment ( on our side of that argument) on this issue yet Paul?
                                “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                                Received a Court Claim? Read >>>>> First Steps

                                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                                Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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