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2004 debt and cabot

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  • #91
    Re: 2004 debt and cabot

    Glad to see the Leeds Losers are as useless as always

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    • #92
      Re: 2004 debt and cabot

      Have just received an encrypted CD SAR from Cabot. I was worried as to how much they would go into, but am surprised that it's less that I thought. They have not provided as requested copies of recordings and transcripts and only have brief notes about the conversation.

      The main defense was going to be Statute Barred - In the initial phone copnversation, I agreed to let them take £10 from a Monument Card. But I don't remember and they don't have the records of the conversation to prove that I gave them permission to take £10 from each of two accounts. They also after payment did add interest to the Monument (Maybe because it is under 5k) but continued to pile on the interest on the other accounts.

      There are some vague emails and am not sure if I fully hang myself and would deem it acknowledgment, but it could be construed as such. The one fact is I have not sent a letter of acknowledgment. So, it may be possible to defend as statute barred but not for sure.

      In terms of the agreements - the Alliance and Leicester never provided a copy of the agreement. So is unenforceable under s77, s78. The have however continued to add interest.

      The Abbey T&C do not contain a signature - but I know that that isn't necessary, However it niether contain my name, but does contain the address at the time. I haven't had the agreement audited properly - would it be worth doing asap? And does anyone have any suggestions.

      The Monument is the one I know I agreed to them taking £10 over the phone. So no quarry with that - The terms and conditions though do not contain my signature, name or address at the time. I haven't had the agreement audited properly also.

      As an addition - if the terms and conditions were audited - all were pre 2007 - The Monument is 4880 - under 5000 and the Abbey is 31000 over the 25k mark, having said that it was taken on at 18000.

      Regards and thanks in advance.

      D
      Last edited by dantheman; 2nd May 2011, 12:40:PM.

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