Cabot Financial Vs TommyWal

[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

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 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 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 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 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

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

OK so the CCA needs to be sent directly to Cabot Financial UK (who have the same address as capital one)
Where do you get this information from?
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)
Doesn't matter.....there's loads of time before a court hearing (if it ever gets that far).

####

[TommyWal]

Re: Cabot Financial Vs TommyWal

Ah, I see. I misread your post. I thought you meant send to the claimant. Now I understand.

Send to Mortimer Clarke but address to claimant.

It is really difficult to deal with. I have no idea what the correct procedure is and don't understand the legal lingo in the letters.
Thanks charitynjw!

[charitynjw]

Re: Cabot Financial Vs TommyWal

Ah, I see. I misread your post. I thought you meant send to the claimant. Now I understand.

Send to Mortimer Clarke but address to claimant.
Ok
From memory, the Claimant (Cabot) does not have the same address as Cap1.
Use the Cabot address on the N1 court claim form; also use Mort C address per claim form.
The CCA request should show Cabot's name/address on the letter, but send it via Mort C (Mort C's name/address on envelope).
Enclose a covering letter addressed to Mort C asking them to forward the CCA request to their client, Cabot.

It is really difficult to deal with. I have no idea what the correct procedure is and don't understand the legal lingo in the letters.
Thanks charitynjw!

####

[TommyWal]

Re: Cabot Financial Vs TommyWal

Thank you. I will get that in tomorrow's post. And start editing the defence letter.

[TommyWal]

Re: Cabot Financial Vs TommyWal

Hi all. I have finally received a letter from Mortimer Clarke. They say : further to your letter and request for docs......

Our client has provided us with the docs and we enclose the following:

1. Reconstituted Credit Card Agreement.
2. Original Ts&Cs
3. Defaulted Ts&Cs
4. Statements from original creditor from 04/05/2014 to 04/02/2017
5. Letter dated 19/10/2015 notifying me that debt has been assigned.
6. Signed statement of account on behalf of claimant.


Now, in the same envelope which was sent 1st class post. They also include an offer if a 15% discount to "avoid the need for further court proceedings".

"If I agree to this proposal we may be instructed to send you s Tomlin Order detailing the settlement agreement"

They also have enclosed income expenditure forms.

I would be grateful if anyone could advise if this is common or whether it means they can win in court or not with the documents they have provided me.

Thanks once again.

Tommy

[MIKE770]

Re: Cabot Financial Vs TommyWal

they are begging you at this stage offering discounts ?/ummmmmmmmmm

[TommyWal]

Re: Cabot Financial Vs TommyWal

That was my thoughts! Not sure whether to ignore or to write back telling them to carry on proceedings?

[MIKE770]

Re: Cabot Financial Vs TommyWal

never letter tennis with them see what comes next?