Cabot Financial Vs TommyWal

[MIKE770]

Re: Cabot Financial Vs TommyWal

got myself BT call guard answer machine end of these silly calls as are blocked

[nemesis45]

Re: Cabot Financial Vs TommyWal

Hi, could anyone tell me whether I should answer phone calls from Cabots solictors (mortimer clarke) or should I just I continue to communicate by post?

I am worried that they are going to harrass me and try to get me to pay money out.

For your own safety keep everything I writing Mortimer Clarke is not there to help you it is owned by Cabot.

nem

[TommyWal]

Re: Cabot Financial Vs TommyWal

Thanks nem. I will await their reply to my CPR and also the CCA from Cabot. Thank you guys!

[Diana M]

Re: Cabot Financial Vs TommyWal

tell me whether I should answer phone calls from Cabots solictors (mortimer clarke) or should I just I continue to communicate by post?

I am worried that they are going to harrass me and try to get me to pay money out.

They may be ringing you about the other debt they have of yours.

As has been said, everything in writing - they'll soon tire of ringing. Cabot use autodial so they won't know whether you're ignoring them or out Christmas shopping

Have you sent the SAR to Capital One?

Di

[TommyWal]

Re: Cabot Financial Vs TommyWal

Hi all. Update. Received a letter dated 23/12/2016 from Mortimer Clarke.

"We acknowledge your request for documents pursuant to Section 78 of the Con sumer Credit Act 1974 and CPR 31.14.

For the avoidance of doubt, this firm acts on its client's instructions. This firm does not hold the documentation you have requested. We have asked our client to provide them and will come back to you as soon as we can.

I'm the meantime, the matter has placed on hold and no further action will be taken."

So I wait and see what they say!

[nemesis45]

Re: Cabot Financial Vs TommyWal

Hi all. Update. Received a letter dated 23/12/2016 from Mortimer Clarke.

"We acknowledge your request for documents pursuant to Section 78 of the Con sumer Credit Act 1974 and CPR 31.14.

For the avoidance of doubt, this firm acts on its client's instructions. This firm does not hold the documentation you have requested. We have asked our client to provide them and will come back to you as soon as we can.

I'm the meantime, the matter has placed on hold and no further action will be taken."

So I wait and see what they say!

Hi Tommy,

The " on hold" From Mortimer Clarke means nothing in terms of the court process so take care.

nem

[charitynjw]

Re: Cabot Financial Vs TommyWal

Your defence needs to be filed at court by 14th Jan.

[TommyWal]

Re: Cabot Financial Vs TommyWal

What should be in a defence? I doubt that I will receive any of the documents from Capital One by then.

[charitynjw]

Re: Cabot Financial Vs TommyWal

What should be in a defence? I doubt that I will receive any of the documents from Capital One by then.

'No documents' defence example for you to tweak.
http://legalbeagles.info/forums/show...t-Court-Claims
This relates to the CCA & CPR requests.
The DSAR from Cap1 does not figure in your actual defence, so don't worry about not receiving that info atm.

[TommyWal]

Re: Cabot Financial Vs TommyWal

Thanks charitynjw. I shall await delivery of the CCA before using theither template.
Thanks again

[TommyWal]

Re: Cabot Financial Vs TommyWal

Hi. So today I received the CCA from Capital One. It does have my name on but no signature. The covering letter states "our records show that you applied for and signed your credit agreement online"

"I enclose a copy of your original agreement with Capital One. Please not this sets out your name and address at the time you entered into your agreement with Capital One on 8th Apr 2014. I also enclose a a copy of your defaulted agreement; and at the end of the letter, set out a statement of account as required under S78"

"Prior to signature you were provided with a full copy of the terms of your original agreement to keep and we're sent a further copy of your original agreement with your first credit card"

"As we have complied with our obligations under S78, we will not be entering into any further correspondence regarding the provision of copy agreements. Your agreement is enforceable and we will continue to treat it as such"

How do I and should I proceed with defence?
Thanks.
Tommy

[TommyWal]

Re: Cabot Financial Vs TommyWal

Hi. So today I received the CCA from Capital One. It does have my name on but no signature. The covering letter states "our records show that you applied for and signed your credit agreement online"

"I enclose a copy of your original agreement with Capital One. Please not this sets out your name and address at the time you entered into your agreement with Capital One on 8th Apr 2014. I also enclose a a copy of your defaulted agreement; and at the end of the letter, set out a statement of account as required under S78"

"Prior to signature you were provided with a full copy of the terms of your original agreement to keep and we're sent a further copy of your original agreement with your first credit card"

"As we have complied with our obligations under S78, we will not be entering into any further correspondence regarding the provision of copy agreements. Your agreement is enforceable and we will continue to treat it as such"

How do I and should I proceed with defence?
Thanks.
Tommy

[charitynjw]

Re: Cabot Financial Vs TommyWal

Hi TommyWal

Reply to CCA request from whom?

[TommyWal]

Re: Cabot Financial Vs TommyWal

From the original creditor

- - - Updated - - -

Capital One

[charitynjw]

Re: Cabot Financial Vs TommyWal

Thanks nem. I will await their reply to my CPR and also the CCA from Cabot. Thank you guys!

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