Cabot Financial Vs TommyWal

[TommyWal]

Re: Cabot Financial Vs TommyWal

OK so the CCA needs to be sent directly to Cabot Financial UK (who have the same address as capital one)as they are named as the claimant in the claims form? Obviously I have no chance or receiving a response to the SAR befor my defence is due (14th Jan)

[charitynjw]

Re: Cabot Financial Vs TommyWal

I did not request an SAR at the time as I was down a lot on earnings due to a motorcycle accident and time off work.

I guess I should make an SAR request but it is not going to help for filing my defence which is due 14th of this month.
It doesn't need to be part of your defence, but you may be able to used disclosed SAR data to compare (& possibly rebut) evidence supplied by the Claimant/solicitors.

I did not realise Capital one are no longer the Creditor. I sent them the £1 fee and basically sent Mortimer Clarke a copy of the CCA request and a covering letter.
So no valid CCA request, then.
If it were me I'd send another CCA request (Ok now to send it via Mort C as they are now legally representing the Claimant, but the request should be made to the Claimant. Also include a covering letter to Mort C - "Please find enclosed CCA request...pass it to your client....etc").
Enclose £1 fee (postal order is good, payable to the Claimant) & endorse 'For Statutory purposes only.
Keep copies of everything & get proof of posting.

I have in my possession now a printed copy of the credit agreement (which was signed online) and a copy of the defaulted agreement.
A SAR will get you much more info.

I am unsure how to proceed now with this information.

####

[TommyWal]

Re: Cabot Financial Vs TommyWal

I did not request an SAR at the time as I was down a lot on earnings due to a motorcycle accident and time off work.

I guess I should make an SAR request but it is not going to help for filing my defence which is due 14th of this month.

I did not realise Capital one are no longer the Creditor. I sent them the £1 fee and basically sent Mortimer Clarke a copy of the CCA request and a covering letter.

I have in my possession now a printed copy of the credit agreement (which was signed online) and a copy of the defaulted agreement.

I am unsure how to proceed now with this information.

[charitynjw]

Re: Cabot Financial Vs TommyWal

I sent a letter to Capital One asking for a copy of the original credit agreement under s78 with the £1 fee. (I have posted their response above). I also sent the same letter to Mortimer Clarke advising of this along with the CPR 31.14.

Mortimer Clarke replied with
"We acknowledge request for docs pursuant to S78 of the Consumer Credit Act 1974 and CPR 31.14.
For the avoidance of doubt, this firm acts on its clients instructions. We have asked our client to provide them and we will come back to you as soon as we can"

Have I sent the requests to to the correct place? I am so confused with it. And my defence has to be in by 14/1/17

Did you include a £1 fee with the CCA request to Mort C? (It seems that you did as they have acknowledged it).
Cap1 are no longer classed as the Creditor for the purposes of CCA 1974.
But they will probably have info which could be useful to you; a SAR is the usual method of obtaining data from the original creditor.

[TommyWal]

Re: Cabot Financial Vs TommyWal

I sent a letter to Capital One asking for a copy of the original credit agreement under s78 with the £1 fee. (I have posted their response above). I also sent the same letter to Mortimer Clarke advising of this along with the CPR 31.14.

Mortimer Clarke replied with
"We acknowledge request for docs pursuant to S78 of the Consumer Credit Act 1974 and CPR 31.14.
For the avoidance of doubt, this firm acts on its clients instructions. We have asked our client to provide them and we will come back to you as soon as we can"

Have I sent the requests to to the correct place? I am so confused with it. And my defence has to be in by 14/1/17

[charitynjw]

Re: Cabot Financial Vs TommyWal

I have no idea. Maybe I clicked something I shouldn't have. It's a bit tricky navigating the forum.

Post #18 (sorry, I was 1 post adrift!) on page 1 of this thread.
Did you send a CCA request to Cabot?
Perhaps you sent a SAR to Cap1? :noidea:

[TommyWal]

Re: Cabot Financial Vs TommyWal

I have no idea. Maybe I clicked something I shouldn't have. It's a bit tricky navigating the forum.

[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!

Your post #19

[TommyWal]

Re: Cabot Financial Vs TommyWal

From the original creditor

- - - Updated - - -

Capital One

[charitynjw]

Re: Cabot Financial Vs TommyWal

Hi TommyWal

Reply to CCA request from whom?

[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

[TommyWal]

Re: Cabot Financial Vs TommyWal

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

[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

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