Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

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Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
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    Default Cabot/Restons - Stayed Case resurfaces

    Hi, hope someone can help.

    This is in regards of a 'stayed' case from August 2016 Via the county courticon Business Centre.
    Cabot/Restons
    At the time I requested documents those being:

    1. Agreement/Contract
    2. Default Notice
    3. Assignment

    These never arrived within the period of 12 days, then a further 30 days.
    I went on to deliver my defence and ultimately the case was 'Stayed'

    Present day:
    I have just received a photocopy of a credit agreement with spreadsheet statements from Cabot who now which to 'discuss the options available for this account.'

    My initial concern is the photocopy of the agreement, in that it has clearly had something stuck over part of the section 'YOUR SIGNATURE REQUIRED' with what clearly looks like a faxed signature of who ever was signing off on the agreement, although I am unsure if this is normal practice?

    Also the spreadsheet is very basic with no opening balance/closing balance or written indication to the amount of initial credit and whether this was increased/decreased over time during the period of the agreement?

    Per my original request during court proceedings they have not supplied 'Default Notice',
    'Assignment', although I'm sure this would be a request I would make again should the 'Stay' get lifted and it goes back to court.

    Any help in this matter would be most appreciated.
    Thank you.


  2. #2
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    Default Re: Cabot/Restons - Stayed Case resurfaces

    Thread moved to Financial Legal Issues Forum...please continue to post here to your thread.

    Could you possibly scan and redact what you have received and post here?


    Andy

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  3. #3
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    Default Re: Cabot/Restons - Stayed Case resurfaces

    Hi Andy, thanks for the quick response.

    Is that all documentation including spreadsheets and agreement and if so I assume I would scrub out any names and AC No. and the like?

    Cheers.


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    Default Re: Cabot/Restons - Stayed Case resurfaces

    Ok that was a yes to scrub "redact" :/


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    Default

    Hi Andy, Ok here are the scans of two letters (came in same envelope), pg1 and pg2 of agreement, one being the signed page. I did notice that the signed page looked like it wasn't part of the rest of the agreement as the text was of poor quality, yet all the others where easily readable. If you want the rest let me know. Also have done an enlarged section of the signing area, where clearly something isn't quite right?

    Thanks again for your help.

    Attached Files

  6. #6
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    Default Re: Cabot/Restons - Stayed Case resurfaces

    Read uploadicon and put them all in one multipage PDFicon please and attach else well be here all day downloading single page downloads

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  7. #7
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    Default Re: Cabot/Restons - Stayed Case resurfaces

    Where's the rest of it?

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  8. #8
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    Default Re: Cabot/Restons - Stayed Case resurfaces

    Sorry I'm confused, apart from the 5 page PDFicon attached what else did you want to see? and I'll sort it.


  9. #9
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    Default Re: Cabot/Restons - Stayed Case resurfaces

    the rest of the CCA return - that's not compliant - lots missing.
    so that's all they sent?

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  10. #10
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    Default Re: Cabot/Restons - Stayed Case resurfaces

    thread tidied

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  11. #11
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    Default Re: Cabot/Restons - Stayed Case resurfaces

    It does look like an overlay...but thats irrelevant if your signature is correctly positioned....the fact that their signature is there is to simply execute the agreement on that date.

    Creditors used ink stamp to execute for speed

    Can you recall the date you signed it ? It stated that it must be signed and returned by the 31st Aug 2012....the overlay executes it on the 3rd Aug 2012.

    We could do with some help from you

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  12. #12
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    Default Re: Cabot/Restons - Stayed Case resurfaces

    OK, updated with all agreement pages.

    It includes the first spreadsheet statement but does not show initial credit limit or any changes to that during that period.
    Also no statement of of how the figure they've come up with was reached.

    Can't remember the date of signing, although the spreadsheet would suggest within time.

    Again thank you, let me know if you require any info from the original case or anything else for that matter.

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  13. #13
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    Default Re: Cabot/Restons - Stayed Case resurfaces

    Hi, just wondering if anyone has had a look at the PDFicon and have any thoughts, suggestions ? thanks.


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    Default Re: Cabot/Restons - Stayed Case resurfaces

    doesn't sit right with me
    says unregulated credit agreement with an application form.
    lots of charges and ROP to reclaim there too!

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  15. #15
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    Default Re: Cabot/Restons - Stayed Case resurfaces

    Its Regulated by the CCA1974 ?

    We could do with some help from you

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  16. #16
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    Default Re: Cabot/Restons - Stayed Case resurfaces

    Quote Originally Posted by dx100uk View Post
    doesn't sit right with me
    says unregulated credit agreement with an application form.
    lots of charges and ROP to reclaim there too!
    Quote Originally Posted by Andyorch View Post
    Its Regulated by the CCA1974 ?
    Ok, so sorry but what does that mean for me?


  17. #17
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    Default Re: Cabot/Restons - Stayed Case resurfaces

    Quote Originally Posted by dx100uk View Post
    doesn't sit right with me
    says unregulated credit agreement with an application form.
    lots of charges and ROP to reclaim there too!
    wrong word there... the T&C page 4 says unexecuted ..

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  18. #18
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    Default Re: Cabot/Restons - Stayed Case resurfaces

    OK, not sure if your referring to pg4 of the agreement or pg4 of the PDFicon? if you are referring to pg4 of the PDFicon, this to me is illegible with parts of the signature section obscured by a stuck on overlay. Would I be within my rights to request a legible copy of the signed agreement showing my own written representation of the date and other possibly important information that has been masked out by the overlay? Why would they not have a second signatory box for the person signing off on the agreement?

    In reference to the ROP this seemed to stop 6 months in based on the spreadsheets.

    Thanks again.



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