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From Monument to.......Cabot


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Hi everyone, some more advice please....

as these POC are as vague as the ones in my case against RoB Way, ( http://www.consumeractiongroup.co.uk/forum/legal-issues/197031-oh-cap-1-rob-4.html) I was going to follow the advice given by car2403 in post 70 . As Morgan's have supplied a short application form and the wrong t&cs in reply to my CPR 31.16, should I send a further request under CPR 31.14 or rely on these documents?

Thank you

 

Hi the poc are in post 92. As I had had a copy of my application form from my cpr 31.16 I did not send a 31.14 (maybe an error). I followed car's advice as above. I have a week to submit a defence or apply for SJ. Could anyone advice which I should do, as this seems as vague as my Rob Way case where I have submitted a N244.

Thank you

Edited by cymruambyth
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Hi Cymru :) I'm bumping this for you. Hope you and yours are well. It's cold, cloudy and drizzling here but I'm having fun playing host to my German freind for the week which includes introducing him to a traditional Subday lunch. Me driking wine whilst cooking roast pork :D

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Morgan's letter states 'please find enclosed a copy of your original agreement including t&c as requested'

They sent http://i399.photobucket.com/albums/pp74/cymru_1/scan0008.jpg plus a photocopy of a leaflet that would have been folded in three dated June01

The POC are in post 92.

Thank you car

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My concern is how do I answer the ccc, do I send a defence, application form therefore no CCA (DN is also defective) or go down the SJ route?

My other concern is that Cabot's £2000+ interest has put it over £5000.

Edited by cymruambyth
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My concern is how do I answer the ccc, do I send a defence, application form therefore no CCA (DN is also defective) or go down the SJ route?

My other concern is that Cabot's £2000+ interest has put it over £5000.

 

hello, can anyone pleae offer some advice?

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Not fully up to speed with the thread (too many subs!) but do the T&C's contain the prescribed terms? If they do, and they form part of the same document, the agreement might be enforceable. Of course, if they don't, or they do and aren't part of the same document, the agreement will be unenforceable - in which case you should apply for SJ ;)

 

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Hi car, thanks. I've had 2 different sets of t&cs. The latest are from June01 and are a copy of a leaflet that was folded in 3, ie it is a landscape sheet with 3 numbers equaaly spaced along the bottom. Sorry I can't scan at present.

 

Ping:) I sent a cpr 31.16 and recieved 'short application form and t&c'. Do I state that this was supplied as Morgan have claimed that this is my CCA.

I think I will go down the SJ route as it is definately a ahort application form, so what about this please?

Thank you

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The document is stamped application form and is called a reply form. None of the prescribed terms are on it. The only reference to the t&cs is under Data Protection Act where it is agreed to information being used. The document does not refer to accompanying t&cs or mention them at all.

Edited by cymruambyth
read it!!!!!
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Are they part of the same document though?

 

SJ will only work if the agreement is unenforceable.

 

Hi with the information in the previous post can anyone please confirm that the agreement is unenforceable before I commit myself.

Thank you

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Hi, I have to send SJ or defence today :eek: Can anyone please confirm that it appears unenforceable as in post 121.http://i399.photobucket.com/albums/pp74/cymru_1/scan0008.jpg

 

Thank you

 

It looks unenforceable. If the Court decides that the terms are part of the same document, it may enforce the agreement.

 

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