Cabot - dodgy documents sent?

[MIKE770]

Re: Cabot - dodgy documents sent?

T&Cs not present at inception - you referring to? etc

[charitynjw]

Re: Cabot - dodgy documents sent?

Has any of the recent correspondence contained a definite threat of legal action? ('Will', as opposed to 'may' or 'might')

[pharmchick]

Re: Cabot - dodgy documents sent?

Did that letter from Mortimer Clarke threaten legal proceedings if you didn't respond by a specific date (or within a specific number of days) or was it an invitation to complete an I & E Form and make an offer to pay? Check the last paragraph to see if it was a Letter Before Action/Claim in disguise.

They had initially sent me a letter threatening court action since I had not responded. I then sent them a CCA request after which the account was placed on hold. Months later they sent me the 2 application forms, separate T and C's, a bunch of statements which are not signed and the DNs including someone else's DN.

[pharmchick]

Re: Cabot - dodgy documents sent?

Has any of the recent correspondence contained a definite threat of legal action? ('Will', as opposed to 'may' or 'might')

The exact wording in their letter was "We are solicitors instructed by Cabot Financial (UK) Limited. We have been instructed by our client to start Court proceedings against you if you do not respond to this letter."

[charitynjw]

Re: Cabot - dodgy documents sent?

The exact wording in their letter was "We are solicitors instructed by Cabot Financial (UK) Limited. We have been instructed by our client to start Court proceedings against you if you do not respond to this letter."

They had initially sent me a letter threatening court action since I had not responded.

& since then?

[pharmchick]

Re: Cabot - dodgy documents sent?

The (separate) T&Cs they sent me have nothing to prove that these were the ones valid at the inception of the credit agreement. The T&C have my name and address though. See attached below.

[charitynjw]

Re: Cabot - dodgy documents sent?

Re T&Cs; is that all they sent?

[pharmchick]

Re: Cabot - dodgy documents sent?

& since then?

Thereafter, I sent them a CCA request; they responded saying they need to contact C1 for the documents and the account is on hold. Fast forward a few months, they sent me the paperwork.

[charitynjw]

Re: Cabot - dodgy documents sent?

You have posted 1 page of T&Cs - is that all the T&Cs sent in response to your CCA request?

Any further threats of litigation?

[pharmchick]

Re: Cabot - dodgy documents sent?

Re T&Cs; is that all they sent?

see attachments for the rest

[pharmchick]

Re: Cabot - dodgy documents sent?

You have posted 1 page of T&Cs - is that all the T&Cs sent in response to your CCA request?

Any further threats of litigation?

So far no further threats. The cover letter which they included along with the paperwork stated:
" "We refer to the above matter and your letter dated xxx, a copy of which is enclosed for ease of reference [they actually did NOT enclose a copy of my letter]. We enclose the following documents in relation to this account: - copy of agreement, - statement of account. - default notice. We confirm that the balance remains outstanding. Our client requires this to be addressed and we enclose our income and expenditure form to be completed and returned to us with an offer of repayment within 14 days."

[pharmchick]

Re: Cabot - dodgy documents sent?

Plan is to write them the following:

"On date xxx I received documents in response to my request made under the provisions of the CCA 1974 act. Having closely examined the documents I am not satisfied the said documents are compliant with my request. There are several reasons, which I am convinced both Cabot and Mortimer Clarke are fully aware of, as to why they do not meet the requirements specified under the CCA 1974 act. I am particularly concerned about the integrity of the documents you sent me which included another person's financial documents stating their full name and address. This not only indicates a serious breach of data privacy but also raises serious concerns regarding the integrity of your practices.
Given the information above I would strongly suggest you advise your client to cease any further actions. Should your client wish to continue with court action it will be robustly defended. No part of this communication is an acknowledgment of any liability of for the alleged debt."

Comments, suggestions welcome. Thanks in advance!

[charitynjw]

Re: Cabot - dodgy documents sent?

V9 version seems to be ok for the 2004 period.

How about the other T&Cs?

& is the DN compliant? (Your copy, that is. )

[nemesis45]

Re: Cabot - dodgy documents sent?

Plan is to write them the following:

"On date xxx I received documents in response to my request made under the provisions of the CCA 1974 act. Having closely examined the documents I am not satisfied the said documents are compliant with my request. There are several reasons, which I am convinced both Cabot and Mortimer Clarke are fully aware of, as to why they do not meet the requirements specified under the CCA 1974 act. I am particularly concerned about the integrity of the documents you sent me which included another person's financial documents stating their full name and address. This not only indicates a serious breach of data privacy but also raises serious concerns regarding the integrity of your practices.
Given the information above I would strongly suggest you advise your client to cease any further actions. Should your client wish to continue with court action it will be robustly defended. No part of this communication is an acknowledgment of any liability of for the alleged debt."

Comments, suggestions welcome. Thanks in advance!

Is this from a template?

nem

[pharmchick]

Re: Cabot - dodgy documents sent?

V9 version seems to be ok for the 2004 period.

How about the other T&Cs?

& is the DN compliant? (Your copy, that is. )

I thought for older agreements (pre 2005?) the prescribed terms MUST be on the within the signature document and not separate? See attached for the DN they sent me.

- - - Updated - - -

Is this from a template?

nem

Nope, I just wrote it myself...