Was really gutted when i got home today to see a hodson letter on the mat but was really chuffed to see it was a notice of discontinuance thanx guys i would have given up if it wasnt for your support. MRRJ 1 cabot 0 .

Well 14 days is up and no letters from cabot but i just noticed on the order that the judge has given them till 4 pm on the 3rd of october(15 days). I got all hyped up for nothing today.

By the way DM it was a woman judge

I bet on them playing for more time ?

Today after tuesdays court appearance

Hows this for an order "The best copy of the loan agreement together with a typed copy thereof together with a sworn affidavit of accuracy shall be filed and served" In default thereof the claim may be struck out.

FOS and OFT will soon be getting some letters from me . In my case cabot were suppose to produce the notice of assignment by 10/08 but the DJ accepted the poor DOA as notice of assignment , i pointed out that in the DOA cabot supplied it says they must supply me a notice within 30 days but the DJ wasnt bothered.

who had 2-1 on me?

Just back from court and had a better day today. Different DJ who had a bit of savy and a young locum solicitor who tried to tell the DJ that cabot were going to type me a copy of the Credit Agreement from morgan stanleys files and rates at the time of the agreement. The judge laughed it off and told the locum they have 14 days to provide a typed copy of the CA and the ledgible copy it was copied from. Sounds like a tough job to me. I cant believe cabot thought they could just make up any old copy and pass it as my CCA.

Think this covers it 60.—(1) The Secretary of State shall make regulations as to the form and content of documents embodying regulated agreements, and the regulations shall contain such provisions as appear to him appropriate with a view to ensuring that the debtor or hirer is made aware of— (a) the rights and duties conferred or imposed on him by the agreement, (b) the amount and rate of the total charge for credit (in the case of a consumer credit agreement), © the protection and remedies available to him under this Act, and (d) any other matters which, in the opinion of the Secretary of State, it is desirable for him to know about in connection with the agreement. (2) Regulations under subsection (1) may in particular— 35 (a) require specified information to be included in the prescribed manner in documents, and other specified material to be excluded; (b) contain requirements to ensure that specified information is clearly brought to the attention of the debtor or hirer, and that one part of a document is not given insufficient or excessive prominence compared with another. (3) If, on an application made to the Director by a person carrying on a consumer credit business or a consumer hire business, it appears to the Director impracticable for the applicant to comply with any requirement of regulations under subsection (1) in a particular case, he may, by notice to the applicant direct that the requirement be waived or varied in relation to such agreements, and subject to such conditions (if any), as he may specify, and this Act and the regulations shall have effect accordingly. (4) The Director shall give a notice under subsection (3) only if he is satisfied that to do so would not prejudice the interests of debtors or hirers. 61.—(1) A regulated agreement is not properly executed unless (a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and (b) the document embodies all the terms of the agreement, other than implied terms, and © the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.

Where will i find prescribed terms in the cca to print out and take with me to show the judge that a typed copy is not accepteble.

This is just a hearing for cabot to extend the amount of time for them to supply the credit agreement

Think i should attend ? armed with the prescribed terms?

This is already fast track , at the last hearing the dj wasnt really interested in my arguments about notice of assignment (not yet recieved) , the fact that the deed of assignment has nothing in it about my agreement and the fact that the ca was unreadable and didnt meet the requirement. The judge was just concerned that the ca wasnt readable. Does anyone know if i need to attend cabots hearing to extend the deadline. What annoys me is they had an order at the end of july after a hearing to supply me with a clear copy which they failed to do ,so i wrote to the courts asking them to strike it out ands the court gave them another seven days to comply. How long will the court give them ? its been seven weeks already.

this is where it becomes tricky ,they have supplied a signed copy its just not readable . The courts have accepted it as a true copy they are just getting cabot to make it readable

Problem is dj is that the judge is allowing them to type a copy ??

Well the legal system sure dosnt help u much . Cabot failed to supply the readable copy of the ca so i wrote to the courts asking them to strike the case out . They sent a letter giving cabot 7 days to supply the copy or they would strike it out (4/09/07) i though this was done and dusted but today i got a court letter , cabot have applied for an extension and have got a hearing for next tuesday . Im starting to lose sight of the goal here. Anyone got any advice thanx.

Well i recieved an order from the courts tyelling cabot to supply by the 09/08/07 a " a resasonable copy of the loan agreement or if not available the best copy that can be produced with a typed copy " and also " a copy of the notice of assignment" strangely they only resent the poor copy of the ca and the same copy of the doa claiming this was the notice of assignment. Im ordered by 23 august to file and serve an amended defence as to whether i dispute the terms of the credit agreement and if so on what basis , also if i dispute service of the notice of assignment . I also have to list all disputed entrys of my account statement and list why.

I kept telling the judge i was within my rights to have a properly executed version of the ca and the doa he said why i can see your signature just cant read the terms as for the doa he said they dont have to show me a copy filled in because of the figures inside

Went to directions hearing today and it cuoldnt have gone worse . The judge agreed that the cca and statements were unreadable he told cabot that i need readable copies but said it would be fine if they just typed them out ?????. I told him that i never received a copy of notice of assignment but he said fine cabot can send you one . He also told me it wasnt worth fighting because if it goes to trial it would cost me thousands. Not exactly how i saw it going

I have a Directions hearing at the end of this month which i have to attend.

Thanx DM like you say it would be hard for cabot to push that DOA as being leagaly binding for my account , roll on court date.

How can full disclosure help me me when cabot have suplied me all that i required under the cca (even though most of it is not as should be ) ?

Recieved a letter from the courts today ,they have fast tracked my case and set a directions hearing for the end of the month. Can anyone explain what fast track is . cheers

Can anyone tell what form i need to apply for case to be struck out