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Moon phases


Cabot- is there a realistic chance to fight them?

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Post by annap on Sat Feb 16, 2019 4:49 pm

@waylander62 wrote:use PO box provided as you have proof they requested that

but for piece of mind you could send a copy to head office with a note stating you have copied the letter to this address because you are not confident in using PO box addresses, covers your arse.
cool, will do. Thank you

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Post by annap on Sat Feb 23, 2019 2:27 pm

Hi Waylander,
I'm posting an update.
On 18 Feb I have received a response from Mortimer. They said they do not hold the documentation as they only acts on Cabot instructions and they have asked cabot to provide the documents. With this letter they have attached letter from Aqua (New Day Ltd) which stated that they sold my account to cabot, and a letter from cabot which stated that they have bought my account.
On 20 Feb Mortimer has set another letter which I don't really understand. They giving me another 21 days to response. Response to what? I did requested all documents already. I am attaching both letter from Mortimer for you in order.
Please let me know what is it about? Thank you as usual.
Cabot- is there a realistic chance to fight them? - Page 4 Letter11
Cabot- is there a realistic chance to fight them? - Page 4 Letter10
Cabot- is there a realistic chance to fight them? - Page 4 Letter12




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Post by hughythomas on Sat Feb 23, 2019 6:42 pm

Ken Stannard is the CEO of both Cabot & Mortimer Clarke.

I am also fighting them right now - about to serve a nice fat juicy lien on them in the next few days.

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Post by waylander62 on Sun Feb 24, 2019 10:22 pm

that is rather naughty of Mortimer Clarke

telling you that they do not have the documentation you are entitled to and they will put it on hold until they can provide said documents.

Then writing to you again telling you that they are giving you 21 days or else they are going to issue a claim !! with NO documentation provided !!

breach of pre action protocol, cabot yet again !!

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Post by annap on Sun Feb 24, 2019 10:31 pm

@waylander62 wrote:that is rather naughty of Mortimer Clarke

telling you that they do not have the documentation you are entitled to and they will put it on hold until they can provide said documents.

Then writing to you again telling you that they are giving you 21 days or else they are going to issue a claim !! with NO documentation provided !!

breach of pre action protocol, cabot yet again !!
So they basically will not provide any documents and they will issue a claim if I do not pay, is that correct?
What do you reckon should I do now?

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Post by waylander62 on Sun Feb 24, 2019 11:09 pm

if they do issue a claim then they are breaking protocol its that simple

they should not be doing that so you could defend on that basis alone.

i would wait.

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Post by annap on Sun Feb 24, 2019 11:38 pm

@waylander62 wrote:if they do issue a claim then they are breaking protocol its that simple

they should not be doing that so you could defend on that basis alone.

i would wait.
But why they refer to a mistake they've made with the name of my OC? Can they say later that actually I was asking them for documents related to Aqua and not New Day that's why they didn't send it? Its both the same thing but I just wonder why they pointed this out in a second letter?

Do you think if they really have the documents they would send it by now?

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Post by waylander62 on Mon Feb 25, 2019 12:00 am

in answer to your questions:

1) they f*ucked up because they are useless
2) they should send what you have requested
3) If they have f*cked up, which they have, then they should re issue a further letter before action with the correct information
4) you should have requested documents as per their LBA, using the a/c no. provided ?
5) They NEVER have the documents

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Post by annap on Mon Feb 25, 2019 12:05 am

Ok. I will wait and see what happens next than.
Thanks

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Post by Mrblue on Mon Feb 25, 2019 7:09 am

@hughythomas wrote:Ken Stannard is the CEO of both Cabot & Mortimer Clarke.

I am also fighting them right now - about to serve a nice fat juicy lien on them in the next few days.

Check out my post: (inc. about about the CEO of Cabot, Ken Stannard)

http://goodf.forumotion.com/t3362-the-legal-reality-is-that-banks-dont-take-deposits-and-do-not-lend-money

(Any comments to be added to that post only please, not this post out of respect for annap etc)
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Post by hughythomas on Tue Feb 26, 2019 7:16 pm

Just had my lien notarised today. I'm going as far as I can take this...in my view Cabot/Mortimer Clarke have trespassed on a matter as a third party interloper, never provided proof(s) of claim & committed libel against I by registering another default against the legal fiction.

Lets see how they like it when high court enforcement bailiffs turn up and start seizing assets in 90 days time...

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Post by annap on Tue Mar 19, 2019 9:54 am

Hi Waylander62,
so OC has just send my SAR requested documents. It contains:
1. card credit agreement- small print with my name and address with no signature mine or theirs
2. statements
3. copy of letters from OC including default notice
4. sort of generic tracker from their system with notes connected to my account like: my card usage, note that I have sent them 3 letters requesting documents etc.
I haven't heard from Mortimer yet but I am expecting papers from the court I guess any time now as 21 days passed.

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Post by daveiron on Tue Mar 19, 2019 10:20 am

Hi just a quick one . alleged agreement,is it complete and totally legible ?
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Post by waylander62 on Tue Mar 19, 2019 11:17 am

just to point out

this is the result of a SAR from the OC NOT from the potential claimant,

therefore currently they have not complied with an official CCA request, you need to piece together the results of the SAR and check them for anything that will help you should they continue.

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Post by annap on Wed Mar 20, 2019 10:45 am

@waylander62 wrote:just to point out

this is the result of a SAR from the OC NOT from the potential claimant,

therefore currently they have not complied with an official CCA request, you need to piece together the results of the SAR and check them for anything that will help you should they continue.
Hi, yes that is correct. Mortimer has never get back to me with any documents regarding CCA request. First they said they will request documents from Cabot and there will be no action until then, and two days later they kind of changed their mind...
Daveiron is asking if the agreement is complete and legible. What do I look for in it to tell if it is or not please? It is a few page of small print with no signatures.

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Post by daveiron on Wed Mar 20, 2019 12:21 pm

Hi ,yes take a look ,can you read every word or is some of it blurred ? does it all fit on the page .

Its been my experience that what they have sent you is all they have got,so if its defective in any way
they are screwed.
For example I have one where all the OC & thus the purchaser can provide is copy that is in 2 halves .
its therefore not a true copy and is not inforceable as confirmed by them.
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Post by Mrblue on Wed Mar 20, 2019 2:36 pm

Hang in there annap! In DaveIron and Waylander62 you have at least two of the the very many helpful people here on your side Smile
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Post by annap on Thu Mar 21, 2019 9:26 am

@daveiron wrote:Hi ,yes take a look ,can you read every word or is some of it blurred ? does it all fit on the page .

Its been my experience that what they have sent you is all they have got,so if its defective in any way
they are screwed.
For example I have one where all the OC & thus the purchaser can provide is copy that is in 2 halves .
its therefore not a true copy and is not  inforceable as confirmed by them.
Hi, Yes it is actually blurry but ,most of it is readable. It is not a clear print like rest of the documents they have sent. Looks like problems with pixels. Colour is off too it is not a pure black print. Also some parts you can not read them at all. But it does fit the pages and doesn't look it was cut off... I will try to scan one page at work today and post it here so you can have a look at it maybe.... Doesn't look horrible but you can definitely tell it is not a clear print.

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Post by annap on Thu Mar 21, 2019 9:31 am

Mrblue2017 wrote:Hang in there annap! In DaveIron and Waylander62 you have at least two of the the very many helpful people here on your side Smile
Thanks Mrblue2017 Smile Yes they are. You all are. Thank you

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Post by daveiron on Thu Mar 21, 2019 10:03 am

Hi ,you say some parts you cannot read. Tell them you require a legible true copy. If they cannot provide one it should be game over.
Those bits you cannot read could say anything .You could even argue that those parts say they will pay you. If it cannot be read ,who knows ?
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Post by waylander62 on Thu Mar 21, 2019 11:08 am

Daveiron is correct

it might be a good idea to actually read the relevant sections of the CCA.

sections 60,61 and 62 in there it will tell you what should be on the agreement, parts of these sections may not apply, as yours was a credit card then find the relevant section read what should be included in any agreement and if the copy is missing anything then that will be in your defence.

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Post by annap on Fri Mar 22, 2019 10:18 am

@daveiron wrote:Hi ,you say some parts you cannot read. Tell them you require a legible true copy. If they cannot provide one it should be game over.
Those bits you cannot read could say anything .You could even argue that those parts say they will pay you. If it cannot be read ,who knows ?
Ok I will request another copy from them. Yes there are parts of it that you can not read. I will be sending them another letter than. Thank you

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Post by annap on Fri Mar 22, 2019 10:21 am

@waylander62 wrote:Daveiron is correct

it might be a good idea to actually read the relevant sections of the CCA.

sections 60,61 and 62 in there it will tell you what should be on the agreement, parts of these sections may not apply, as yours was a credit card then find the relevant section read what should be included in any agreement and if the copy is missing anything then that will be in your defence.
Ok thank you. I will send them request for a true copy and will read it all and check if it contains everything it should.

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Post by annap on Fri Mar 22, 2019 11:05 pm

Hi Guys,
so, I have just received a pack of forms from the court.
I understand that I need to send them back acknowledgement of service within 14 days from the date of service which is 21 March. Then I have 28 days from the same date to file a defence is this correct?
Now, can you tell me if lets say I will file the defense and court will decide against me, will they issue a judgment order straight or there will be still an option that I agree to pay and there will be no records of court proceeding against me in a public register. How does it work?

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Post by waylander62 on Sat Mar 23, 2019 9:30 am

So they have issued a claim despite you returning the forms and replying to the letter before action requesting documents ? do you have proof that you sent this ?

they still haven't sent you any documents to prove their claim ?

you will still have an option to settle through mediation if you wish.

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