Cabot (Morgan’s) are taking me to court over an alleged credit card debt, they are not mentioning the original agreement in the summons, but they are relying on a notice of assignment (the notice is not from the original lender but is the usual Cabot welcome letter). I have denied all of the claim, and I am aware that they are doing this to several people on this forum, but when the case is argued they withdraw saying it is a business decision. I have pre-empted this by counter claiming for them processing my personal data. Morgan’s have since sent me an illegible copy of my agreement it is an application form that is designed to fold over and be posted as it has a postal address in the middle, I have seen examples of this form on the forum before and it is unenforceable. They have also sent me some Terms and Conditions which are also marked application form.

I do not want to put more details on this thread as their trolls may be able to identify who I am however, I would be more than willing for this thread to be locked down for trusted members to help with this. In the meantime I have a few questions that I would appreciate some help with.

This alleged debt has been passed round two lenders finally ending up on Cabot’s books, am I correct in asking for a notice of assignment for each time it has changed hands?

Should the NoA be from the lender and not the receiving institution i.e. Cabot have provided the only NoA (welcome letter)?

Should the NoA have certain information within the document?

Thank you very much in advance for any help that I am given.

Cabot (Morgan’s) are taking me to court over an alleged credit card debt, they are not mentioning the original agreement in the summons, but they are relying on a notice of assignment (the notice is not from the original lender but is the usual Cabot welcome letter). I have denied all of the claim, and I am aware that they are doing this to several people on this forum, but when the case is argued they withdraw saying it is a business decision. I have pre-empted this by counter claiming for them processing my personal data. Morgan’s have since sent me an illegible copy of my agreement it is an application form that is designed to fold over and be posted as it has a postal address in the middle, I have seen examples of this form on the forum before and it is unenforceable. They have also sent me some Terms and Conditions which are also marked application form.

I do not want to put more details on this thread as their trolls may be able to identify who I am however, I would be more than willing for this thread to be locked down for trusted members to help with this. In the meantime I have a few questions that I would appreciate some help with.

This alleged debt has been passed round two lenders finally ending up on Cabot’s books, am I correct in asking for a notice of assignment for each time it has changed hands?

Should the NoA be from the lender and not the receiving institution i.e. Cabot have provided the only NoA (welcome letter)?

Should the NoA have certain information within the document?

Thank you very much in advance for any help that I am given.

Cabot rely very heavily on their Law of Property argument, however, it states very clearly in the LOP that the NOA should be at the hand of the Original Creditor, otherwise you have a company you may have never heard of making demands for a debt you may have no knowledge of.

The NOA I reeived from Cabot matched exactly the font and style of their welcome letter and even had 2 of 2 in their reference (the welcome letter had 1 of 2 on it)

May argument was simple, they are committing fraud by producing documentation purporting to be from the OC when they are clearly created by Cabot and I told them as much and in clear English, I have never had a relationship of any kind with Cabot and the letter (that they produced) proves nothing other than that they are trying to emphasis their fraud.

Double check the NOA and the letter for references which link the two documents

Thanks, it does help however, Cabot are saying that their welome letter IS the NoA, I can't believe their stupidity, I do not have a seperate letter. Your post was extremely helpful.

Thanks, it does help however, Cabot are saying that their welome letter IS the NoA, I can't believe their stupidity, I do not have a seperate letter. You post was extremely helpful.

This is of course complete bow larks, and you are wise to recognise it as such. the NOA comes from the OC as an introduction to the new debt owner. You may also wish to see the Deed of Assignment, this is the actual bill of sale for your debt and they will refuse point blank as it contains sensitive commercial information, but as with the NOA, a judge can insist that it is produced and examined in court.

If you use their own LOP stance against them, and reinforce it with the usual CCA argument (enforceablity etc) they haven't a leg tro stand on, beware of CAbot producing rabbits out of hats at the very shortest of notice

Thanks again, I am worried about what else they will try to produce however, they are very keen for me to contact them to arrange a settlement, it seems like they are worried about the case?

care to update?

Now this is interesting... another DCA has sent us what they claim is

an NOA - a highly suspicious looking photocopied letter.

How would it be to ask for a Notarised copy of the Deed of Assignment?

That should send them into a state of shock - could be worth a try, there's no cost?

Any thoughts?

Thanks

Looking at the date before PT's update question, I would assume the OP has sorted things one way or the other as that was 7 months ago!

lol

actually im pretty sure i know the outcome , but its not for me to say, its for the OP if he so wished

hence why i asked for an update

Methinks I'm following your train of thought now!

UPDATE...............I WON TODAY!!!!

I was in Court today, and I/we discovered some fundamantal flaws in Cabot/Morgans arguments. In short, their case got dismissed. I cannot say too much more at the moment as I still have some issues to settle with Morgans, regarding them processing my data however, I will be quite happy to discuss these points with a moderator, as they will know if any request for informaton is genuine or just a Cabot troll.

I am also very sure that PT knows the outcome, as it was down to him that the case got dismissed. I would suggest that if Morgans are taking you to Court look at getting a solicitor that knows how to deal with them, as Morgans are extremely slippery. I cannot recommend PT highly enough, thanks ever so much for your help with this.

PT, please feel free to use any information from my case today if it helps you in the future.

What I will say is, double check everything Morgans send you, they very nearly got their result with an illegible agreement, which we all know should not happen. Morgans are fighting these cases every day, and their solicitors are very clued up on what to do or say. If I had not asked for PT's help I am sure I would have lost today.

Moderators, could you please move this thread so that everyone can see it? Thanks in advance.

what was the clinching argument?

you are very welcome sir,

Im sorry i was unable to be there today, but the Court of Appeal beckons on Wednesday, so i was unable to attend.

It is amazing how much in these cases, the devil is in the detail, one little clause gave us the advantage. That is of course all im gonna say on the subject, but you really must look at what is sent you and find the faults, there will be plenty

Im glad you got the result,

I may apply for the judgment to be transcribed, we are building up a library of won cases and with each case, it adds more hope for others.

Did they get spanked over costs?

This has cheered me up on a cold morning!

Well done all involved

its results like this that makes our job worthwhile, because there are so many people out there who simply would not get access to proper legal assistance.

The sad thing is there are only a hand ful of firms who A) specialise in CCA law and B) are actually winning cases

We have beaten Cabot three times in as many weeks now, plus previous victories

I couldn't have done it without you PT, Cag and the good ole Cabot Fan Club - you're a real star PT!

Would someone like to PM me from the site team to tell me why they have removed one of my posts above answering another poster?

Not 1 post 2 posts!!

Would someone like to PM me from the site team to tell me why they have removed one of my posts above answering another poster?

lol dont hold your breath, you wont get an answer i expect, as i have asked why my PMs were removed, and no one has had the common decency to let me know

very sad really

maybe, but there was nothing in mine which was in any way controversial - I am a disciple of all that is good and they all know that!

I thought this site was on our side, obviously not!

Would someone like to PM me from the site team to tell me why they have removed one of my posts above answering another poster?

 

Not 1 post 2 posts!!

at least it's nice to know that Cabot/Morgans have been spanked for costs for over 20k everyones a good one, even the little ones.

And please try to remember folks (and that means YOU!!!)

IT'S ALL ABOUT THE CONSUMER

IT'S ALL ABOUT DEFENDING ONESELF

IT'S ALL ABOUT EMPOWERMENT

Nothing to do with politics or oneupmanship.

One more for the little people

Can those that have the power to remove posts, please only do so when necessary and have the good grace to explain when they do?

Otherwise it just looks childish

Would someone like to PM me from the site team to tell me why they have removed one of my posts above answering another poster?

 

Not 1 post 2 posts!!

You have mail

ok i am currently fighting Cabot - crux of my arguments are that the paperwork recevied is illedgible and not recognised as a credit agreement, the date of the NOA is dated after the N1 was issued and the account number they are using does not match any of the account number on the alleged statement print outs - I have to submit my WS soon and any help would be really brilliant