obvious
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Cabot/Mortimer claimform - Sainsburys credit card debt
obvious replied to obvious's topic in Financial Legal Issues
Just leaving this here as a reminder to ask you if you've got a link to this. I was unable to find it.- 89 replies
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Cabot/Mortimer claimform - Sainsburys credit card debt
obvious replied to obvious's topic in Financial Legal Issues
Right, I'm holding my horses. Let's see what happens next.- 89 replies
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Cabot/Mortimer claimform - Sainsburys credit card debt
obvious replied to obvious's topic in Financial Legal Issues
ok, after reading the law gazette piece on Carey v HSBC Bank [2009] EWHC 3417 (QB), I don't understand if/how it might apply to my case? ref: https://www.lawgazette.co.uk/law/consumer-challenges-to-bank-charges-and-loan-agreements/56790.article- 89 replies
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Cabot/Mortimer claimform - Sainsburys credit card debt
obvious replied to obvious's topic in Financial Legal Issues
How does this look as a response to their latest letter? Would it be harmful to my case? On the evidence you have provided after 2 years ie some cobbled together screenshot from who knows where, I believe the requirements of Consumer Credit Act 1974 c. 39Part VII Default notices Section 87 have not been met. That screenshot can not be evidenced to Sainsburys accounting services software and is possibly recreated to fit the claim. In any case, evidence of a default is not evidence of service and does not satisfy section 87(1) Further, you have not provided an entire original agreement, just one page. The remainder is simply a stock printout. With regard to Section 61 1(a), Section 127 1(a) and Section 65 (1), an application form cannot be an executed agreement unless its returned back to the applicant after application and executed with all the prescribed terms. I believe that the case does not stand on its own and that even in the event of a district judge finding otherwise, there may be the possibility of an error in law if failing to consider the above.- 89 replies
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Cabot/Mortimer claimform - Sainsburys credit card debt
obvious replied to obvious's topic in Financial Legal Issues
Well this is stressful Perhaps it would be useful (or at least cause no damage) to write to them raising the points you've made in the last few posts?- 89 replies
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Cabot/Mortimer claimform - Sainsburys credit card debt
obvious replied to obvious's topic in Financial Legal Issues
I understand it would not indicate advice but if it were you, would you let them make the next move?- 89 replies
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Cabot/Mortimer claimform - Sainsburys credit card debt
obvious replied to obvious's topic in Financial Legal Issues
I'm not great at interpreting legalese. Is there wiggle room here for the judge to uphold their claim? Would this potentially be an error in law?- 89 replies
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Cabot/Mortimer claimform - Sainsburys credit card debt
obvious replied to obvious's topic in Financial Legal Issues
For reference here's 87 from http://www.legislation.gov.uk/ukpga/1974/39/section/87- 89 replies
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Cabot/Mortimer claimform - Sainsburys credit card debt
obvious replied to obvious's topic in Financial Legal Issues
Attached agreement. They only included one page of the actual agreement. The rest seems to be a stock copy. Edit: pdf upload failed. Only 2MB. Trying again Edit 2: It's giving me error -200 so I'm uploading to google drive. Hope this is ok. Agreement link:- https://drive.google.com/open?id=1djx3qpQ629xE8I8UG5LD0SZJRko-RCV9- 89 replies
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Cabot/Mortimer claimform - Sainsburys credit card debt
obvious replied to obvious's topic in Financial Legal Issues
Sorry Andyorch I'm browsing on mobile and post #64 is different. This is what I see. I'll upload the agreement as PDF shortly...- 89 replies
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Cabot/Mortimer claimform - Sainsburys credit card debt
obvious replied to obvious's topic in Financial Legal Issues
They have provided a signed credit agreement. Not sure how that links to post # 64- 89 replies
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Cabot/Mortimer claimform - Sainsburys credit card debt
obvious replied to obvious's topic in Financial Legal Issues
I received this letter dated 02/05/19 Same question as usual. Should I respond? Thanks! It's the "apply for summary judgement" part that caught my attention.- 89 replies
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Cabot/Mortimer claimform - Sainsburys credit card debt
obvious replied to obvious's topic in Financial Legal Issues
I don't know whether to act on the letter?- 89 replies
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Cabot/Mortimer claimform - Sainsburys credit card debt
obvious replied to obvious's topic in Financial Legal Issues
I've been trawling through manually and searching on 87.1, Cabot, dismissed, default notice, default summary etc and various combinations. No luck at all and I'm normally OK at this stuff.- 89 replies
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Cabot/Mortimer claimform - Sainsburys credit card debt
obvious replied to obvious's topic in Financial Legal Issues
Sorry, I haven't succeeded in finding the dismissed cabot claim in legal successes. I do like your advanced search tool btw but it's not doing it for me. Garbage in, garbage out most likely.- 89 replies
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