Cabot/Mortimer Clarke Capital one HELP PLEASE!

[nemesis45]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

Well, that's all that Mortimer dicks sent me, that's all I signed (99% sure) but as for anything else I had at that time, I can't remember, probably a booklet with t's and c's, would that count?

There must be T's & C's relevant at the time the account was opened.

How was this application form described in the covering letter, as a " copy of your agreement" / a reconstituted copy of your agreement,?"

nem

[Hubblebubble]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

I'm at the hospital at the moment, so can't be 100% sure until I get home and check it later, but I'm pretty sure it was mentioned in the list of documents included as "agreement" I don't think it was mentioned as a copy, or reconstituted copy.

[Amethyst]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

There should definately be additional terms with that agreement - if you can read the bottom bit there's at least one place where you confirm to having read paragraph 23 of the terms and conditions. It's not really whether you recall having it or not, it's whether they have complied with the consumer credit act s.78 "shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it" as of course s78(6) 'he is not entitled, while the default continues, to enforce the agreement;'.

You should write back and tell them that - if you want to settle that will get you nearer 25% total rather than 25% discount.

[nemesis45]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

I'm at the hospital at the moment, so can't be 100% sure until I get home and check it later, but I'm pretty sure it was mentioned in the list of documents included as "agreement" I don't think it was mentioned as a copy, or reconstituted copy.

OK,

nem

[Hubblebubble]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

There should definately be additional terms with that agreement - if you can read the bottom bit there's at least one place where you confirm to having read paragraph 23 of the terms and conditions. It's not really whether you recall having it or not, it's whether they have complied with the consumer credit act s.78 "shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it" as of course s78(6) 'he is not entitled, while the default continues, to enforce the agreement;'.

You should write back and tell them that - if you want to settle that will get you nearer 25% total rather than 25% discount.

I'm a bit confused now, should they have sent the additional t's and c's (Mortimer's)?
I am thinking this was one of those "postal offers" complete with t's and c's in a separate leaflet, then post off the short application.
That's quite good for me, I can't always remember what I did yesterday, let alone back in 2004....

[MIKE770]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

In a lot if not most postal form cases the T&Cs were not present at inception (as in the cases been reported the so called application form refers you to section 8 or whatever which is not present at the time, ) = Unenforceable straight away, I am sure others will comment and confirm etc

[Hubblebubble]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

There must be T's & C's relevant at the time the account was opened.

How was this application form described in the covering letter, as a " copy of your agreement" / a reconstituted copy of your agreement,?"

nem

OK, the application form was described as "Signed agreement", I've attached this
letter and other papers that came with it, the last one should be the one with the 25% discount.

[nemesis45]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

OK, the application form was described as "Signed agreement", I've attached this
letter and other papers that came with it, the last one should be the one with the 25% discount.

My personal feeling is to write MC stating that as they are well aware the alleged " agreement " is incomplete and is not compliant with your CCA request and you suggest that their client withdraws the claim

Supplying incomplete documents is a growing trend designed to make debtors give in.

nem

[Hubblebubble]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

My personal feeling is to write MC stating that as they are well aware the alleged " agreement " is incomplete and is not compliant with your CCA request and you suggest that their client withdraws the claim

Supplying incomplete documents is a growing trend designed to make debtors give in.

nem

Do you think that will work nem? They're probably hell bent on getting me, it seems to be a big sum for them, they probably wouldn't give up so easily?
And what are they talking about when they say:
"it's not clear what your defejnse to this agreement is, we ask that you set out the precise legal basis of any defense within 14 days".
What has it got to do with them, I thought the defense was directed to the court, not them?

[nemesis45]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

Do you think that will work nem? They're probably hell bent on getting me, it seems to be a big sum for them, they probably wouldn't give up so easily?
And what are they talking about when they say:
"it's not clear what your defejnse to this agreement is, we ask that you set out the precise legal basis of any defense within 14 days".
What has it got to do with them, I thought the defense was directed to the court, not them?

Yes your defence goes to the court which then forwards a copy to the claimant/solicitors I would stick t this process.

I'll stick by my opinion that the " agreement " is not complete without a full set of T's & C's.

enm

[Hubblebubble]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

Thank you for that.
Would this be a suitable response?

As you are well aware the alleged "agreement" is incomplete and is not compliant with my CCA request and I suggest that your client either withdraws the claim, or provides the missing "Terms and Conditions".
Defense matters are dealt with by the court, as I'm sure you are also aware of.

[nemesis45]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

Thank you for that.
Would this be a suitable response?

As you are well aware the alleged "agreement" is incomplete and is not compliant with my CCA request and I suggest that your client either withdraws the claim, or provides the missing "Terms and Conditions".
Defense matters are dealt with by the court, as I'm sure you are also aware of.

At this stage you don't tell them why you believe the agreement is not compliant.
Just tell them you reject it as non compliant.

nem

[Hubblebubble]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

That was quick nem, thank you!
Ok, sorry to be a bit of a pain here, so, if I simply put as a response (posted recorded of course):

As you are well aware the alleged "agreement" is incomplete and is not compliant with my CCA request and I suggest that your client withdraws the claim.

Defense matters are dealt with by the court, as I'm sure you are also aware of.

Would that be a suitable response?
Thank you once again!

[Hubblebubble]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

Above letter sent today, let's see what they think about that then.

[Hubblebubble]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

Update, update, update....
I haven't updated before now, because I didn't want to tempt fate, I'm hoping I'm safe to do so now!
After sending the above response as advised by nem, I received a reply stating they were contacting their "client" and awaiting further instructions. That, is the last I have heard to date!
After such a traumatic year, it was nice to get them off my back. As I mentioned before, my dad was very ill, and sadly passed away a couple of weeks after my last post.
You helped me out in a very difficult time, and gave me help when I needed it most. Had I not done that last update, and amethyst and nemesis getting involved, I would have sent a form off, and now be paying an unfair debt off (the original debt was about £3500, the rest was fines, interest, ppi etc etc...)
Thank you so very much, for your invaluable advice and help, and I want you to know I'm eternally grateful!!
I would also like to know how I can at least make a donation of some kind.
Thank you very much,
Paul