Dibs UE Diaries

[helmsman]

Re: Dibs UE Diaries

Thank you Paul, I appreciate your time.

If they do decide to take this to court, then it will most certainly be heading your professional way, as I would not wish to lose due to my ignorance.

I would naturally prefer to make them consider it a risk not worth taking

Hi,
Check my diary Paul gor rid of Cabot for us with just a few letters a very reasonable cost (just over a £100) hope you dont mind me saying that Paul, it was a citi card as well about the same amount of money.
All the best.

[daisy]

Re: Dibs UE Diaries

Paul that was brilliant, haven't laughed like that for ages! We all know, or are at least told, that cabot have all the answers, hopefully in this case, not the correct ones!

Sorry if I misled you SH, it's me that says that the signed agreement doesn't exist.

Thank you.

[ScabHunter]

Re: Dibs UE Diaries

No need to send any more – that paragraph is all that is needed.


So they don't actually admit that an agreement doesn't exist, just that they don't have a copy of the original. It should still be possible to write a letter which will tie them up.


Back later.


SH

[Paul.]

Re: Dibs UE Diaries

is no one questioning how exactly Cabot can say what you did when the account was opened?

Maybe asking them to confirm what colour trousers you were wearing on the day? or what part of the Country you were in when the account was opened.

Or maybe they dont know what the fuck they are talking about and are taking a punt in saying you did sign an agreement

[daisy]

Re: Dibs UE Diaries

Typically, I decided to edit my post and give the detail, but thank you in 2 deep.

I dislike putting too much info, as it's more than likely they browse the forum!

SH, if you would prefer to see the letter, please let me know.

[Deepie]

Re: Dibs UE Diaries

It's 1.5 pages long, so will give the relevant bare bones, or is there a way that I can scan it and attach it to a pm?

Have a read here -----> User Guide - How Do I add Attachments to my Message?

[daisy]

Re: Dibs UE Diaries

Here goes:

I can confirm that original lender have provided us with a reconstituted true copy of your agreement, I have enclosed a copy for your perusal.

Regarding your request under the CPUTR 2008, I can confirm that we have been unable to obtain a copy of your original signed credit agreement and therefore, cannot supply you with this documentation. Notwithstanding, I must reiterate that the reconstituted copy of your credit agreement is sufficient to fulfil the requirements set out under section 77/78 of the CCA and as such, whether we hold a copy of your signed agreement or not is not applicable in this instance.

Dibs

[ScabHunter]

Re: Dibs UE Diaries

OK, I'll try to put something together you can use as a guide. I am at a disadvantage here because I don't have the exact wording of the November 2011 letter, but it should still be somewhere near right if I work on your summary.

If you wanted to just type up the part which admits to having no signed agreement, that would be extremely helpful.

SH

[daisy]

Re: Dibs UE Diaries

SH, I would very much appreciate some help with the wording of a reply, it is imperative that I get this right.
Thank you again
Dibs x

[ScabHunter]

Re: Dibs UE Diaries

I know exactly what you mean. I've had to deal with them for the last six years, and even now the alleged debt has gone SB they are still being a nuisance. It took them a week to even acknowledge my latest complaint, and I've heard nothing since. I think it might give them a bit of thinking to do.

I would have thought it should be possible to keep this one out of court. I was going to reply earlier, but pulled out when I saw Paul was browsing the thread. I guessed what he would say, and obviously hearing that from someone who is in the trenches every day is a lot more valuable than hearing it from me. As long as you can make a positive assertion, they would have a serious problem in the court room.

Let us know if you need any help with the exact wording of the letter. This is an important one, because it will let them know exactly what they would risk by starting something.

SH

[daisy]

Re: Dibs UE Diaries

Thank you Paul, I appreciate your time.

If they do decide to take this to court, then it will most certainly be heading your professional way, as I would not wish to lose due to my ignorance.

I would naturally prefer to make them consider it a risk not worth taking

[Paul.]

Re: Dibs UE Diaries

Having just read Paul's blog twice, does s127(3) come into play with this agreement, as this alleged account was opened prior to 2007 and I know that the agreement has not been signed, certainly by me, they also stated in November 2011 that "They have been unable to obtain a copy of the original signed agreement." My argument being that it never existed, so that's hardly surprising.

Therefore, if they take this to court, can they simply produce a reconstituted document, if I request to see a copy of the original? Or can a judge go with probability as opposed to the certainty of a signed agreement?

This is where the strength of your evidence comes in to play

You would need to make a positive assertion that s61(1)(a) was never complied with and thus the agreement was improperly executed.


The Claimant if you prep the case correctly should not be able to get home with a recon

[daisy]

Re: Dibs UE Diaries

Having just read Paul's blog twice, does s127(3) come into play with this agreement, as this alleged account was opened prior to 2007 and I know that the agreement has not been signed, certainly by me, they also stated in November 2011 that "They have been unable to obtain a copy of the original signed agreement." My argument being that it never existed, so that's hardly surprising.

Therefore, if they take this to court, can they simply produce a reconstituted document, if I request to see a copy of the original? Or can a judge go with probability as opposed to the certainty of a signed agreement?

[daisy]

Re: Dibs UE Diaries

SH you are a star Thank you for your help, i'm feeling a little bogged down with them at the moment!

[ScabHunter]

Re: Dibs UE Diaries

That won't be a problem if it continues until September and the Limitation Act comes into play. The only potential problem is if they attempt to litigate in the meantime.

A simple paragraph or two, quoting what they have just written, and also quoting their own letter of November 2011 when they admitted that an original signed agreement didn't exist, should be a good enough reply here.

They are suggesting that you “would have” signed an original agreement, after already admitting that such an agreement did not exist. Just point out the anomaly, and then personally confirm that what they stated in 2011 is true – that you did not sign an agreement.

SH