Cabot reply after 3 letters

Mrblue2015 wrote:

waylander62 wrote: keep that letter safe as they have made a L of P s136 claim which contradicts the written law of the act

Good morning Waylander62

May I ask what you mean by the above? What is does 'L & P' stand for?  And why does it (i.e. the solicitor's letter that Prometheus posted) contradict the law (which law)?

Thank you!

Mrblue2015 wrote:Good morning Prometheus.
Thank you Mr Blue for your time on this - please see below 

Please can you confirm if the following summary of history / 'evidence' below is correct? (Answer Y or N) Please read the questions etc. below very carefully and answer as accurately as possible (WITHOUT mentioning any personal details, exact figures, account numbers etc).

It will help Waylander62 who shall be a great ally here!

1. In your (Prometheus) Fri Apr 10, 2020 5:42 pm post you said you had only received "statements/ CC agreement form Halifax the OC and CC terms and conditions" - correct? Y/N

Y


2. No Notice of Assignment and no default notice - correct? Y/N
Y


3. You issued a response to their Letter of Claim in April, which they did not comply with initially (according to your post Tue May 26, 2020 11:41 am) - correct? Y/N

Y

4. Did you issue a SAR to Halifax in April? Did you get the results?
Please list what the results included here:

Yes I did and I did get a response - however the file is in storage 300 miles away 

5. According to your post Fri Jun 05, 2020 5:19 pm -
a) The 'solicitor' stated the agreement was terminated - correct? Y/N

Y

b) The 'solicitor' admits they do not have the original credit agreement and instead offer a 'reconstituted copy' - correct? Y/N
(They also make reference to Carey v HSBC Bank 2009 to suggest this is acceptable)

Y

c) They (now!) included a Notice of Assignment - did they? Was it explicitly for a credit card and the correct amount according to their claim Y/N

Y  - sorry again info is in storage - I think it was 

d) (They 'conveniently' fail to mention the default notice requested )

Y
6. You wrote in reply to the 'solicitor' back in June the following as advised by DaveIron/Waylander62 - correct? Y/N. 
Y

a) Did you ASK them: Y/N
- Where is the original agreement?
- Why do they not have the original agreement?
- Does the original exist?
- Where is the Termination Notice?

Y

b) Did you TELL them: Y/N
- Your reconstituted 'agreement' resembles nothing that you have ever seen before.

Y


As I say, the above should help Waylander62 in some way, shape or form!
Trust this helps 

waylander62 wrote:Thank you Waylander - very much appreciated your help on this
I will get the information ASAP 


do you intend to defend this claim ?

you really need the results of the SAR can you remember

1) if the 'agreement' in the SAR was the same as what cabot sent you ? and the T & C's

2) did the SAR contain a default notice ?

3) did the SAR contain a notice of assignment ?

4) did the SAR contain copies of actual statements ?

the covering letter accompanying the SAR may be helpful too

Tom Bombadil wrote:Did I miss something?

Notice of assignment is NOT the DEED.  Its a notice that just notices that there is a deed.  Where is the deed?

Tom Bombadil wrote:Well.  One can act on possession of the DEED.  However if one only has a NOTICE then so what.  That's what I learned.

They might have the notice of assessment but the so could I!  It's just a written WITNESS to an existing actual deed.

I have in my pocket a photocopy of a tenner and a real tenner.  Which will get you further?

I asked if this was being sort rather than the notice and had I mis-read somewhere.


Cheers