Cabot Financial Solicitors Letter

[LENDORE]

Hi
I have an old Tesco credit card from October 2007. Tesco have passed on to Cabot Financial and now been chased by Mortimer Clarke.
They have sent copy of reconstituted agreement which I believe does not comply.
It does not state the exact time to cancel agreement and also there is no signature from the creditor. Also all the terms and conditions dosn't seem to be in one document.
How do I respond and how do I know if the agreement is unenforceable. I have not made any payment since 2014 and it was an online application

[nemesis45]

Re: Cabot Financial Solicitors Letter

Hi
I have an old Tesco credit card from October 2007. Tesco have passed on to Cabot Financial and now been chased by Mortimer Clarke.
They have sent copy of reconstituted agreement which I believe does not comply.
It does not state the exact time to cancel agreement and also there is no signature from the creditor. Also all the terms and conditions dosn't seem to be in one document.
How do I respond and how do I know if the agreement is unenforceable. I have not made any payment since 2014 and it was an online application

Good morning, welcome to LB,

A recon agreement does not have to have any signatures however it must have all the terms and conditions relevant when the account was opened and those in force when the account was closed.

These are often supplied in two separate lots copied from generic files.
Please post copies of the documents you have received after removing all personal information. If you have a problem I'm sure [MENTION=49370]Kati[/MENTION] from the LB team will be able to help you.

nem

[LENDORE]

Re: Cabot Financial Solicitors Letter

Good morning, welcome to LB,

A recon agreement does not have to have any signatures however it must have all the terms and conditions relevant when the account was opened and those in force when the account was closed.

These are often supplied in two separate lots copied from generic files.
Please post copies of the documents you have received after removing all personal information. If you have a problem I'm sure @Kati from the LB team will be able to help you.

nem

Hi and thanks for the responses attached I hope are copiess of agreements

[Diana M]

Re: Cabot Financial Solicitors Letter

Was that sent to you in response to a formal s77-79 CCA Request?

Have you received a Letter Before Claim from Mortimer Clarke?

Di

[LENDORE]

Re: Cabot Financial Solicitors Letter

I received a letter from Mortimer Clarke requesting payment I responded with an email saying that I had requested a copy of agreement before from Tesco.
They then sent this copy and said they are not obliged to send an actual copy and it can be reconstituted. And also said unless I reply with details of income within 14 days they will be seeking further instructions from their client.

[LENDORE]

Re: Cabot Financial Solicitors Letter

Copy of Solicitors letter

[Diana M]

Re: Cabot Financial Solicitors Letter

I received a letter from Mortimer Clarke requesting payment I responded with an email saying that I had requested a copy of agreement before from Tesco.
They then sent this copy and said they are not obliged to send an actual copy and it can be reconstituted.

Was your request to Tesco a formal s 77-79 CCA Request? And if so what did they send you in response?

Mortimer Clarke's covering letter says/admits that they have sent you a reconstituted credit agreement.

They can of course do that, but it must be honest and accurate.

Di

[LENDORE]

Re: Cabot Financial Solicitors Letter

this was Tesco response in June 2010. I am not sure but it could be I didn't enclose the £1 fee to Tesco.

Thanks all for your time, much appreciated

[Diana M]

Re: Cabot Financial Solicitors Letter

this was Tesco response in June 2010. I am not sure but it could be I didn't enclose the £1 fee to Tesco.

I can't read that letter because only some of it is showing in the image I'm looking at

If you didn't enclose the £1 statutory fee then you would be unable to plead non compliance with s 77-79 CCA if they start court action.

I would send a Subject Access Request to Tesco to get the full history of the account so you're one step ahead of the game.

Is this debt owned by Cabot Financial (Europe) Ltd or Cabot Financial (UK) Ltd which is unlicensed?

Di

[LENDORE]

Re: Cabot Financial Solicitors Letter

its Cabot Financial (UK) Limited

[Diana M]

Re: Cabot Financial Solicitors Letter

its Cabot Financial (UK) Limited

Which is unlicensed.

Di

[LENDORE]

Re: Cabot Financial Solicitors Letter

Which is unlicensed.

Di

Hi Di
What are the implications of that ?
looking at the paper work both Mortimer Clarke and Cabot Financial are part of the Cabot Management Group.
Thanks

[LENDORE]

Re: Cabot Financial Solicitors Letter

Which is unlicensed.

Di

Hi Di can you just elaborate on what it means if they are unlicensed
Thanks