Dilema v Cabot Financial/Mortimer Clarke

[dilema]

Amethyst,

Quick amendment, the agreement would have been taken out pre April 2007...!!

Dilema

[Amethyst]

amended...

I'd expect the claim will be stayed in the court but if you have time it's worth checking that that is correct if you have just heard nothing in the last 18 months.

Did this new copy of the credit agreement threaten to apply to lift the stay and apply for summary judgment ?

Sainsbury's credit card isn't it? Have you done a SAR to Sainsburys finance - that might be worthwhile.

Sainsbury's Bank
Customer Relations
PO Box 4952
Worthing
BN11 9YW

If you applied from a leaflet on the exhibition stand, is the copy of the agreement they have sent you that? or is it a generic agreement ? Actually if you can do a pic of what they have sent you, and the letter, ( obscure personal details ) that would help see what you need to do.

Have they already sent default notice/ notice of assignment etc?

[dilema]

Hi Amethyst,

Thanks for the response.

I am not sure if you have read the previous thread of information when Nem and Flamingparrot were responding back in Sept.2105, but perhaps I need to recap over the basics

Basically I originally received a letter from Cabot back in 2015 as I recall that they had applied to Northampton County Court ref a debt to RBS that it turns out they have acquired.

Based on the advice given from this site I sent a letter requested the necessary supporting information. following payment of my £1 etc. A copy of a credit agreement was sent to me eventually, although the address on the agreement was not the original address where the account would have originally been taken, but a C/O address.

I wrote back requesting an original copy and proof the debt had now been assigned to them. I need to check my correspondence again, as I currently have a blank, whether there was any correspondence in between.
But I received more corresepondence from them at the beginning of June after an 18 month silence, with no letter(s) stating their intent or the course of action they were taking, which I feel in itself is unacceptable.

They sent another copy of the credit agreement, again with the C/O address, a copy of the letter of assignment, copy statements (which are on non headed paper and seem slighty 'doctered' copies in my opinion), plus a statement of their account, which includes the costs to apply to the court. Then wanting a response in 14 days!

I responded basically refuting the reconstituted agreement as not a true copy and that s.127(3) of the credit act would also apply, as from memory the terms and conditions would not have been present/signed, due to the fact this was a promotion at an event and basically an application for approval for the credit card. The terms and conditions I believe came with the credit card. This I recall would have been applied for before 6th April 2007, probably 2006/2005.

They have since sent a copy of the agreement with another address, which is probably the original address, again I need to recheck the time line for addresses. So it is somewhat surprising where they have suddenly produced this address, although being that type of Company I guess they can find this information from the Net!!
However this still does not prove it is a true copy and in my opinion the way they have been dealing with this/information provided is somewhat shadey!
Again they want a response in 14 days!

Hopefully you get the basic theme. I am now considering the course of action required and whether a formal complaint should be made due to how this has been handled, how long it has been going on and the somewhat 'shadey' way they have conducted themselves..
I need to have a copy of their correspondence etc scanned, as I live outside of the UK and correspondence in sent to my family address.

I hope you can assist.!

Dilema

[Amethyst]

Yes I did read the thread, but thank you for the summary it's helpful.

So have you done a SAR to Sainsburys - I couldn't see if you had or not from the thread.

Does the latest letter say they are going to apply to lift the stay and obtain summary judgment ?

IS the recon agreement they have sent a photocopy of the leaflet/form you filled in at the exhibition or printed out generic terms ( that as you say would have come with the card).

Get checking whether the address on the recon is that that you would have used when applying,

Other than document questions are there any other disputes on the claim ?

[dilema]

Hi Amethyst!

Thanks for the response
This is not a Sainsbury card, but RBS.

I will respond on the content on the letter a bit later, as I have not seen a copy yet only discussed, as mentioned I live outside of the Uk.
The recon agreement I would say is a generic copy of the terms and conditions, and not necessarily the same as issued with the card, so the content contained in the ones they supplied could well be different to the ones issued when I received the card.

As i recall i applied for the card at an exhibition as there was a card promotion on the stand and i was asked if i would like to apply. I would have filled out my details in order for my request for the card to be approved or not approved.
They have not supplied any information from my initial application for the card. In that case, based on the previous advice, would Sec 127 of the CCA 1974 not apply..?

The address could now be correct, however in the previous copies sent they have all had the c/o address. For all i know they have found an old address and added it to the same recon agreement. Which may in itself only be a generic copy and not a true original at the time the card was supplied etc..

All I have requested is proof they own the debt and information supporting their claim.

Thanks.

Dilema

[dilema]

Kati

[Kati]

Kati

how can I help??