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  • #91
    Re: cabot and recon agreements

    Thanks Paul. Its good to know that at least some professionals understand it. Yes it was and is a pain. I think the real issue for me was the fact that it (all 13 cases) was all complete setup from the very outset by people who should have known better and it was being used certainly by one now defunct element as a way to make a fast buck and it backfired with consequences for all of us, which includes the ATE issues I mentioned on my own thread.

    regards
    Garlok

    Comment


    • #92
      Re: cabot and recon agreements

      Originally posted by garlok View Post

      Secondly a deep analysis of 234 suggests that a full audit trail could be demanded by a defendant debtor of every variation thoughout the lifetime of the agreement which would include reference to the original document as is stated clearly in 234. Most banks don't know what happened last week or even yesterday let alone over a loing run of some 25 years in cases like our own.

      regards
      Garlok
      There's a twisted side of me that would love to see them have a pot shot at dong that..... I can remember one creditor getting in such a mess replying to my SAR that they made a huge boo-boo and confessed in writing to amalgamating 3 accounts!!

      Remember the mantra:
      NEVER communicate by 'phone.

      Send EVERYTHING by Recorded/Special Delivery
      Keep a copy of EVERYTHING sent
      Keep hold of EVERYTHING received

      PriorityOne & CPUTR 2008 (ex P1 CAG CPUTR 2008)


      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment


      • #93
        Re: cabot and recon agreements

        Originally posted by PriorityOne View Post
        There's a twisted side of me that would love to see them have a pot shot at dong that..... I can remember one creditor getting in such a mess replying to my SAR that they made a huge boo-boo and confessed in writing to amalgamating 3 accounts!!

        ,

        I havent written my UE diary yet but it is full of similar tales.
        In particular MBNA were giving money away interest free my property business was doing well, but cash was a bit tight,I needed £25,000 to support the business as the crapwest were being slow to approve additional facilty, my credit rating was AAA++ (not now but who cares)so on speaking to a lovely lady she amalgamated the credit limit to £30,000 onto one account from 3 or 4 accounts to give me the money I needed.

        I wonder if they got me to sign a new agreement or whether this was irresponsible lending.

        I found this site after being on cag for 3years following a run in with a high court sherrif ( I Won with costs)

        This site is a breath of fresh air as its clearly stated aim is to help us debtors fight back I am fighting back and will not give in

        Thanks every one for contributing I didnt think one small thread that I started a month ago would create such a healthy(for the debtor) and intelligent debate

        I had got disillusioned with the other site due to the infighting and contradictory advice but have got my interest back in moving forward with un-enforcabilty.

        onlyme

        Comment


        • #94
          Re: cabot and recon agreements

          Hi ohitsonlyme,

          Thanks for the comments. I wouldn't say that we don't contradict one another from time or that we don't poke fun at one another from time (who said you can't have a laugh because you are in debt?). However the real difference here is that abuse of anyone is just not allowed. We can discuss, sometimes in heated fashion, with little moderation and the site is manned almost 24/7 by moderators. Trolls and trouble makers are weeded out pretty quickly and the overriding reason we exist is to use every legal tool we can find to help and support (including ourselves) those who are in need. So you are very welcome here my friend and no question or query, however trivial it may seem, we will endeavour to find an answer or a route around the problem which hits the banks and their parasitic hangers-on where it hurts them most--- in their pockets.

          regards
          Garlok

          Comment


          • #95
            Re: cabot and recon agreements

            Just joining in a day or too late (the story of my life) ...... I don't like ignoring letters and am trying to think of a suitable reply (was going to use CPUTR) in response to the 'we have supplied all that we need (illegible) and won't talk to you any more'.
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment


            • #96
              Re: cabot and recon agreements

              Hi ,I have just joined as someone from here was so very kind to private message me on consumer forum and inform me of your site.
              But sadly i seems to be hours to late.
              Let me give brief outline ,cabot/citi card was sent court order had to reply no later then monday 28th november.
              but seems like your forum posting that i could have done something about it all just feeling like crying right now.

              But i am very glad to be here i am sure you will be able to help me with a few other matters i have.

              Comment


              • #97
                Re: cabot and recon agreements

                why would you say too late?


                What did the Court order say you had to do?

                Comment


                • #98
                  Re: cabot and recon agreements

                  I had to sent in to northampton court the paperwork to reach them no later then 4pm on the 28th.
                  I had already requested a extra 28 days and had contacted cabot about a cpr 31.14
                  which they send me a ton of T&C and citicard statements but no signed credit agreement and because today was the last day i could send the paperwork back to the court it was sent this morning and as i did not think and was told by the consumer forum i had no defence against them i had to admit to the whole balance.
                  I had PPI on the citicard and latepayments charges i have never claim on the account and now cabot are taking it to court i doubt i will get any of that back

                  Comment


                  • #99
                    Re: cabot and recon agreements

                    Originally posted by sugg42 View Post
                    I had to sent in to northampton court the paperwork to reach them no later then 4pm on the 28th.
                    I had already requested a extra 28 days and had contacted cabot about a cpr 31.14
                    which they send me a ton of T&C and citicard statements but no signed credit agreement and because today was the last day i could send the paperwork back to the court it was sent this morning and as i did not think and was told by the consumer forum i had no defence against them i had to admit to the whole balance.
                    I had PPI on the citicard and latepayments charges i have never claim on the account and now cabot are taking it to court i doubt i will get any of that back
                    Ok, this still is not making sense to me im afraid,

                    Can you tell me the issue date of the Claim form???

                    Can you tell me if you have filed a Defence and if not what is the deadline for the Defence?

                    The PPI may be recoverable if missold, its impossible to tell if its missold without more info

                    It is not surprising Cabot dont have the signed agreement. Can you recall if you did sign an agreement for this card? and can you aslo tell me please when the account was opened.?

                    Have you had 56 days now then to file your defence? and if so when did Cabot comply with your request under 31.14? if it was only a few days ago then you can possibly apply for an extension of time for the defence

                    So all may not be lost

                    Comment


                    • Re: cabot and recon agreements

                      Also how much is the claim for?

                      Comment


                      • Re: cabot and recon agreements

                        Can you tell me the issue date of the Claim form???
                        12th oct 2011

                        Can you tell me if you have filed a Defence and if not what is the deadline for the Defence?
                        I had no defence so had to admit to the full amount ,the deadline was the 28th november as i had already asked for a 28day extension.

                        The PPI may be recoverable if missold, its impossible to tell if its missold without more info
                        i don`t know what the grounds are for being missold

                        It is not surprising Cabot dont have the signed agreement. Can you recall if you did sign an agreement for this card? and can you aslo tell me please when the account was opened.?
                        I do not remember signing a agreement the account was opened 2002

                        Have you had 56 days now then to file your defence? and if so when did Cabot comply with your request under 31.14? if it was only a few days ago then you can possibly apply for an extension of time for the defence
                        I don`t beleive i have had 56 days and cabot replied to 31.14 2nd november

                        Comment


                        • Re: cabot and recon agreements

                          Also how much is the claim for?
                          The whole clain including the court fees is 3298.67
                          which i am going to sruggle to pay ,both myself and hubby are both classed as disabled and are income is very low.
                          I offered to pay £5 amonth don`t know if the court will agree to that

                          Comment


                          • Re: cabot and recon agreements

                            Originally posted by sugg42 View Post
                            12th oct 2011

                            I had no defence so had to admit to the full amount ,the deadline was the 28th november as i had already asked for a 28day extension.

                            i don`t know what the grounds are for being missold

                            I do not remember signing a agreement the account was opened 2002

                            I don`t beleive i have had 56 days and cabot replied to 31.14 2nd november
                            oh dear, im sorry but if you have admitted the debt by filing an admission then you are pretty much dead in the water.

                            What you ought to have done, was wrote under CPR 31.14 and then asked for an extension of time for filing your defence per CPR 15.5

                            IF you did this then yes you may have more time to file your defence as i would anticipate it being atleast 5th December before the Defence is due

                            However, if you have filed an admission i fear the case is over already

                            Comment


                            • Re: cabot and recon agreements

                              Yea i did`nt know i could have done the cpr 15.5 and so as far as i knew only had to the 28th nov so had to be sent this morning ,only hours before i was informed and found this great site

                              Comment


                              • Re: cabot and recon agreements

                                but you cannot defend if you have admitted the debt unless the admission is set aside?

                                Comment

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