Unenforceable Diary

[Roger]

I'm not sure about PPI - I doubt it. Im not sure I have the original paper work but will have a look. It was taken out to try and consolidate some finances, and live - we paid off my partner at the times credit card and we just had a baby and had taken on a large mortgage. It was just spent on living rather than anything tangible. My partner had been made redundant the year before - I was earning less due to maternity leave.
I'll update if I find any info on the PPI
Thanks again

The following sets out the Diary format
https://www.all-about-debt.co.uk/for...ad-me-firstFor info on Diary

• Type of account (credit card/loan)
• Date commenced (ideally before Apr 2007)
• Approx balance
• Date last paid (approximate date you last made a FULL payment)
• Are you on arrangement or not paying
• Status (default/in arrears/up-to-date)
• Account owner (who is writing to you, a DCA or the lender)

Welcome to AAD we have all been where you are at one time or another.
You have started your Diary. This is an important part of taking control over your Life.

Put this background information into your Diary and update this with correspondence sent and recieved (save and date the envelopes as these are received) . Always everything in writing and by Post. Don't talk at the phone etc..
The AAD templates do NOT acknowledge the Debt! Silence is golden!!

[sezzalenny]

Thank you. I will update as shows above. Also editing post about PPI and purpose of loan after finding other docs

[Roger]

Well you have a plan and an immediate way forward.
The timing of the Letters is crucial, placing you within the Law and the SAR to fill in missing details!
Keep the cards close to your chest! Silence is the key.with Cabot!
Welcome to AAD and good Luck! Big thanks to #Still Waving!!

[sezzalenny]

Thank you - just to confirm - the letter to CABOT can be sent now - and then 12+2 days return form to Mortimer Clarke?

Just want too make sure I get it right!

Thank you

[Roger]

Use ALL of the time available to you! Don't knee jerk react!

The guide is the latest Date to return the Mortimer Clarke Form (within by 30 days) I guess from the date of their letter!
Then work back from that 12+2 days (in post) to send the Cabot CCA!

The reason is that you can honestly say in Clarke's Form that the CCA is outstanding!! No need to go into details just outstanding!
In Law the Debt is UE until Cabot produce that CCA.

Cabot will have to write to Tesco of course! etc.. You want the exchange between Cabot and Tesco information within the SAR! hence sending for the SAR 2-3 weeks a later!

[sezzalenny]

Thank you

[sezzalenny]

Quick question - the CCA letter is being sent and it seems to have changed from the last time I sent them - I think before it said digital signature - now there is a anti tamper box - do I sign the letter or just type?!

Thank you

[Still Waving]

Quick question - the CCA letter is being sent and it seems to have changed from the last time I sent them - I think before it said digital signature - now there is a anti tamper box - do I sign the letter or just type?!

Thank you

I don't think that the anti tamper box is completely foolproof. I would suggest using a handwriting script for the signature. You may already have a suitable one in your wordprocessor font list, but if not there is a wide selection of handwriting fonts downloadable from the 'net.

A simple typed signature would not be acceptable to the creditor.

[sezzalenny]

Amazing - thank you

[sezzalenny]

So I received a letter back from Cabot saying they haven’t got the CCA so can’t continue with the county court judgement - this came before sending the SAR request to Tesco - do I still need to send that?

[The Tech Clerk]

yes

[Roger]

So I received a letter back from Cabot saying they haven’t got the CCA so can’t continue with the county court judgement - this came before sending the SAR request to Tesco - do I still need to send that?

Well Cabot seem to lack documentation control.
You get one letter saying UE followed by a threat of CCJ (presumably from another desk!)
https://www.all-about-debt.co.uk/for...20#post1510720

I would send for a SAR but after 25th March because it won't cost you £10 (this SAR will cover Cabot's enquiries with Tesco and give you an up todate Log from TESCO)
By the way if Cabot do send a Letter Before Action your perfect reply will be OUTSTANDING CCA S.77/78 REQUEST DATED ???????.

[Joanna Connolly Solicitors]

By the way if Cabot do send a Letter Before Action your perfect reply will be OUTSTANDING CCA S.77/78 REQUEST DATED ???????.

Cabot Financial (UK) Ltd have already instructed Mortimer Clarke solicitors to send a Letter Before Claim. The OP received it last month.

(I've posted on their other thread)

AAD user name - Sezzalenny

Amount of Debt - 5313

Creditor - Cabot Financial UK LTD

Legal - Mortimer Clark Solicitors

Letter of claim details dated 13.04.2017

No action taken as yet

I can see from a new post on your Diary thread that Cabot have written to tell you that they cannot comply with your s 77-79 CCA Request.

They may have told Mortimer Clarke solicitors the same, or they may not have told them.

This matters because you say you've received a Letter Before Claim dated 13th April (2018 not 2017 I presume?) where the deadline (30 days) will have now expired.

Have you responded to that LBC?

Di

Di

[Joanna Connolly Solicitors]

I received a letter back from Cabot saying they haven’t got the CCA so can’t continue with the county court judgement - this came before sending the SAR request to Tesco - do I still need to send that?

Does that letter from Cabot say that the documents aren't currently in their possession but they will be asking the original creditor for them, so the debt is unenforceable at this moment in time (but that could change if they do produce the credit agreement eventually)?

The FCA Handbook CONC 13.1.6 says that's what they must do (i.e. tell you about the unenforceable status) > https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

If Cabot is intending to source the documents or information so that they can make a reconstituted version then I would hold off sending a SAR to Tesco for now since it won't contain any dialogue between Cabot and Tesco which is something you may find useful in future if they do issue a claim.

Di

[Roger]

Thank You Di for being on the Ball!
Perhaps the MODS can pull these separate Blogs together so that the Forum has a complete picture

Did sezzalenny
Follow this advice and send a reply to Mortimer Clarke?
Within the timescales?
https://www.all-about-debt.co.uk/for...58#post1510158

Follow Di's advice in this matter!