If there's a Default entry on your credit report print it off -fast. This is absolute proof that a DN was issued and that should bugger them up nicely. How do I include thsi in tomorrows trial at this late stage? Also what rate of interest have they charged you on top of the arrears. Not sure of this but I think they can't charge you unless the agreement has been properly assigned to them (and is also enforceable which if it's illegible it's not and that's before you check full terms etc under s61-63 of the CCA); they now have to prove it was properly assigned so you need to see the deed of assignment and the sales document. I would push for an adjournment and tell the Judge you cannot form a complete defence without Cabot supplying this ifnormation. That's if it gets that far as your discovery of the Default entry has mightily queered their pitch. Can I do this at such a late stage?

WOW. Thanks everyone, Ill try to answer each point if I can. S

Can anyone assist? Im in court for my trial tomorrow and I wish to gain some last minute advice regarding the arrears only issue cabot are trying. They are trying to dodge the need for termination and default notice from either themselves or the original creditor by claiming they are requesting the arrears only when the amount stated in POC is the full amount (plus interest). I have previously checked with a couple of CRA's and could find no evidence of the debt at all but did one more search last night and find one CRA has defaults listed in Cabots name and the original creditor? All the accompanying info in the record matches this debt. Cabot also state that it has been terminated. Therefore I believe I am right in saying a default notice should have been provided. How do I handle this now - do I do an additional statement, do I add the credit report as an attachment (with all details or just those specific to this case) or do I put in a skeleton argument for this? Any help is very much appreciated. Please note- This isnt the only element of this case, I also contest the legibility of the CCA too (as posted in a previous thread)

Thanks for the nudge-anyone able to help? ***URGENT***

Can I bump this thread to gain some thoughts because this issue is soon going to court. In my humble opinion this agreement would be classed as illegible and therefore unenforceable, whereas the Claimant has stated that this is legible and is what they rely upon. Specific notice was given by the court that any document whose contents were illegible, a typed copy should be included next to it in the bundle. The claimants bundle does not have a typed copy included. For example I have difficulty reading anything in the section with the word "Approved" stamped over it, and this is the type of thing I interpret in my day to day work!

Please excuse my ignorance dx, how do you mean a split claim?

Thanks for taking the time to reply dx Im quite far down the line with this and my court date is next week. The POC form Cabot/Morgans are vague and claim arrears only even though the figure quoted is the full amount. After issuing a SAR request I have been provided with a very poor (probably micofiche) copy of an agreement which is very difficult to read and I would consider it illegible. No termination notice or default notice or notice of assignment has been provided however representation letters which appear to be templates regarding NoA and DN have been provided although neither include prescribed terms. On top of this the t and c's are not the inception terms The point Im currently persuing is whether or not a default notice has been issued and after checking my credit file there is no evidence of a DN but there is also no evidence of the actual debt either. Morgans claim that due to them claiming arrears only they are not obliged to send a default notice. I have difficulty understanding the "were only claiming arrears" approach when my last statement (dated over a year ago) shows the arrears to be a tenth of the costs claimed.

As the defendant in a case, do I also submit a court bundle? (All paperwork barring stated cases and my statement are in the claimants bundle)

Im about to go to court with Cabot/Morgans next week and wanted to check my credit file to see if theyre were details about any defaults being issued (my case is that no notice was issued. I was surprised to find that there is no record of the debt at all on my credit file (an credtexpert report)? What does this mean? If they have issued a default notice shouldnt this be on my file?

Can I bump this thread Ive started because I need some advice from those with any experience about this. Im still a bit bewildered as to how this is still going to court with a document that cant be read. I have made several requests for a better copy but they have stated that this is the best they have. The trial date is now less than a month away and I am also still waiting the notice of assignement, the notice of default and their witness statement. (I should state that I havent produced a statement neither because I want to have sight of all documentation first.)

Wow! Thanks for all your thoughts folks. I apologise for not keeping up with this over the weekend but Ive been laid up with a dodgy back. Will scan the back page but I can confirm it has no signature and does appear to be a different document due to its shape and format. I will scan it though and post it (once Im back at work). I do think this was filled out in the branch though :o

Thanks Tonster the other documents have no signature on and appear to be from other documentation. For your info Unclubulgaria, moorcroft are threatening legal action with this account.

Bump?

I sent a request to the solicitors for relevant documentation and you can see their reply to each document request in my original post. I did not state it was a CPR request though and did not send anything like this to the court. No directions have been provided by the court even though I have stated the illegibility of the proposed CCA doc in the allocation questionaire. Should I now do this but formally state it as a CPR request? Do I send all correspondance to the court too.

Can someone with more experience than me (that will be easy) have a look at this and confirm as to whether or not this can be classed as meeting my recent CCA request. Lloyds have sent this along with a number of pages of t&c's. Id really appreciate any help please.

Bump

I used the embarrassed defence template at first docman because their particulars of claim were so vague with a paragraph added to highlight the copy agreement provided being illegible also. The trial has a date later on this year and we have just swapped disclosure lists if it helps.

Id be really grateful on any help with a matter regarding an Egg credit card balance which Cabot financial with their solicitor arm Morgan are bringing me to court on. To date I have placed a CCA request with Egg who eventually found a version of a CCA but it is of very poor quality and illegible in many places (see below). I have pointed this out however they have escalated the issue and a date has been fixed for court. The swapping of disclosure list happened recently and once again I pointed out the illegible CCA (possibly a microfiche copy). I have asked if I could have sight of the original documentation to which their reply is - "We have not asserted that we have the original credit agreement. Our list clearly states 'Copy of Credit Agreement'. To the best of our knowledge the original has not been retained by Egg Banking plc. We shall be relying on the copy already provided to you at Court." and theres more, I have also asked for the original Notice of Assignment to which they have replied "we shall be relying on the representations of the two letters giving notices of the Assignment provided to you." I am also still waiting for the copy of the Default Notice which they hope to provide soon however an earlier letter states that they dont need to provide the Notice as it is only required if they wish to a) terminate, b) demand earlier repayment of any sum (which they do), c)recover possession of any goods/land, d)treat any right as terminated or e)enforce any security. Can anyone more experienced advice me as to where I stand in regards to the quality of the CCA and the lack of an original Notice of Assignment and/or default notice please. Ive attached the illegible CCA if it helps. This is the best scan I can do and is pretty close quality wise to what has been sent to me. shaaarn (My apologies if I have posted this in the wrong section, Im new to all this )

Sorry just realised that this should be in a different forum. shaaarn

Id be really grateful on any help with a matter regarding an Egg credit card balance which Cabot financial with their solicitor arm Morgan are bringing me to court on. To date I have placed a CCA request with Egg who eventually found a version of a CCA but it is of very poor quality and illegible in many places (see below). I have pointed this out however they have escalated the issue and a date has been fixed for court. The swapping of disclosure list happened recently and once again I pointed out the illegible CCA (possibly a microfiche copy). I have asked if I could have sight of the original documentation to which their reply is - "We have not asserted that we have the original credit agreement. Our list clearly states 'Copy of Credit Agreement'. To the best of our knowledge the original has not been retained by Egg Banking plc. We shall be relying on the copy already provided to you at Court." and theres more, I have also asked for the original Notice of Assignment to which they have replied "we shall be relying on the representations of the two letters giving notices of the Assignment provided to you." I am also still waiting for the copy of the Default Notice which they hope to provide soon however an earlier letter states that they dont need to provide the Notice as it is only required if they wish to a) terminate, b) demand earlier repayment of any sum (which they do), c)recover possession of any goods/land, d)treat any right as terminated or e)enforce any security. Can anyone more experienced advice me as to where I stand in regards to the quality of the CCA and the lack of an original Notice of Assignment and/or default notice please. Ive attached the illegible CCA if it helps. Its here and This is the best scan I can do and is pretty close quality wise to what has been sent to me. shaaarn (My apologies if I have posted this in the wrong section, Im new to all this )

Thanks everyone your help is more than appreciated.

My own fault completely, the CCA came back late and based on the info of other threads on the forum didn't appear 100% correct. The DCA did not call or write after this so I didn't take it further.

Here is the exact wording on the form- "the claimant is the assignee of a debt(s) from Egg Banking Plc Credit Card reference Xxxxxxx, Notice of Assignment having been given to the Defendant in writing. Despite demand for Paymemt, £xxxxx remains due. The Claimant claims £xxxxx and interest under s.69 County Courts Act 1984 and costs." I should also add that in the past a CCA request was made when this debt was being chased by a different agency. The CCA was provided (late) but the DCA passed the debt back to Egg for some reason shortly afterwards. I will post this CCA if you guys would be able to provide an opinion on it's validity.

Can anyone help? Cabot have recently purchased my credit card debt from egg (c.12k). This morning I have received a county court claim form from Northampton county court from Morgan solicitors on behalf of Cabot with official admission forms. (the form does not have a written signature on it, it is typed "MORGAN SOLICITORS XXXXXXXX" instead does this matter?) This debt had previously been passed to a number of DCA's but I believe Cabot have now bought the debt (they are stated as Assignee on the forms) but it has never escalated this far. I am not in a great financial position and there is little or no income available to pay this debt. I was about to send a letter to Cabot asking for the CCA regarding this debt and I also wanted to find out how much the debt was bought for. I also wanted to see if I could reclaim mid-sold PPI and the extortionate charges applied. I was then wanting to offer a settlement figure thanks to a family member willing to lend some but not enough money (4k). Can I still do this now that it is lodged at court? Your time and effort is very much appreciated.

Cheers for that Ricky, I should have mentioned that I have been in touch with Lombard who deny any mis-selling. Initially they told me I was covered but later told me they had made a mistake and my cover (Silver) wasnt sufficient. Having looked into the types of cover there are large differences in cover but my point is that I wasnt made aware at the point of sale of the different types of cover, that appears to have been decided for me.