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Brassed off

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Brassed off last won the day on June 1 2011

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About Brassed off

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  1. The relief was immense, I cried .... The wine was good later though
  2. So sorry to keep you all waiting, I know you love it really ! The case was actually dismissed at the Final Hearing Morgans/Cabot (or Cabeau as they were referred to by the usher and Judge, hence P1's ref above - I am reliably informed that it means "mutt" - that figures!) were given a very hard time by the Judge. He was obviously very much "up" on Consumer Law. He tore into them from the very beginning about the heavily redacted "Account Supply Agreement" (Assignment) and asked where the original was. Morgans said that they may be able to find it somewhere and he said "so you don't know where it is then" and they replied that they may be able to lay their hands on it. He asked them by what law were they able to blank out so much of the document and they said that it was "Company Policy" to do that. When asked why, they said it was because there was "commercially sensitive information" on there. He wasn't pleased about that either and asked them, once again, by what law to which they admitted, there wasn't one. My name (in fact, nobody's name) appeared anywhere on the Assignment and mine was printed on a separate sheet which could have come from anywhere which he pointed out to them. There was a "Schedule" referred to in the Assignment which said that it was attached "hereto" - it wasn't. When he asked Morgans where this schedule was they said that they were sent the information on two "Data Discs" - he wasn't happy about that either as this information should've been available in document form and presented at the hearing. He also wasn't happy that I had ever received a Notice of Assignment as they had no proof of this. Again, all they had was a photocopy of a template letter. He picked up on the fact that the OC's name was spelt incorrectly too (I'd missed that!). He did touch on the Agreement but only briefly, just stating that one of the prescribed terms was incorrect (the repayments were out by pence) but didn't elaborate. He just kept going back to the heavily redacted Assignment. Morgans pulled a few tricks before the hearing, the first one being a letter to me last Friday with a Claimant's Statement of Costs for £6,500 - no joke! I did have a little wobble on this as I had decided to go to the final hearing without anyone representing me. In some respects, I think that was a wise move. When I got to the court, I was asked by the security guard if I wished to speak to the representative from Morgans and I said that I had taken legal advice and wouldn't be speaking to them. About ten minutes before the hearing was about to take place the security guard came to me and said that he had been given two documents to give to me by Morgans. They were two court cases, namely Wilson v Hurstanger (which I already knew about) and a little known Northern Irish case. I took a quick glance at the Irish one and just put it to the back of the Trial bundle. There were no originals presented of anything, it was all photocopies. When my claim was allocated to the SCC, this judge made Cabot amend their POCs twice. From the orders that he sent out, I could tell he was not a happy bunny. Unfortunately, at my preliminary hearing, I got a different judge who basically told me to just pay up and stop wasting the court's time. I'm glad that it went to a final hearing and I got the original judge. To be honest, I never got a chance to say hardly anything. All that work I'd put in swatting up! I think he had their cards marked before we got in there. This was an eleven year old debt for a computer that never really worked right from the start. I did get ticked off by the judge for not mentioning the fact that it didn't work properly in my Defence but as it was so long ago, I wasn't sure it was relevant at the time and only brought it up at the preliminary hearing. I'd already paid half the amount to the finance company before losing my job and being unable to pay. Cabot had added at least half again in interest which was picked up on and they admitted their "error" and took the interest off, therefore halving the debt. I did make an offer to stop it getting this far and they refused it. Bad move IMO. So case dismissed, no costs awarded to either party. It really is "end of" so to speak. Only taken 12 months of pure stress! I enquired about obtaining a transcript of the final hearing as to be honest, so much was said by the judge, I couldn't write it all down quick enough. Just for info, if you require a transcript, if you ask the court, they will send you out a list of their recommended transcribers. You choose the one you want, fill in a form from the court, the court send the recording to the transcriber, they type it up and send it back to the court who get the judge to OK it, then it gets sent out to you. It's not cheap but if there are any of the CFC reading this, we could all chip in ......... I honestly think justice was done - I could've kissed that judge at the end There are a few special people who have helped me through this. I don't need to thank them on here as I've already done that behind the scenes. You know who you are GO BO, GO BO
  3. Suffice to say Cabot got a hammering in court OH YEAH BABY
  4. This is a *WON IN COURT* thread after today but for some reason, I can't seem to get to page 18 I'm a little the worse for wear but will try and post full details on Thursday night - it's been a very long day and I'm celebrating
  5. WOOOOOOOOOOOOOOOOOOOOOOOOOOO HOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO The Hedgey is a WIIIIIIIIIIIIIINNNNNNNNNNNNNNNNEEEEEEEEEEEEERRRRRRRRRRRRRRRRRRRRR Nice one hun xxx :whoo:
  6. No updates yet P1 - hoping there will be one in the next week or so
  7. Hi gh The 7 days I gave them was up on Monday, they received my Part 18 by recorded delivery on 1st November and I still haven't had a reply. I'll do the draft order as you've said thanks. Will let you know how it goes
  8. OMG Andrew, can't believe I missed this - talk about wooooooo hooooo Fantastic result !!!! So pleased for you sweetie x
  9. I'm still awaiting a response to my last Part 18 from Morgans. My defence was due tomorrow and I can't finalise it without their reply. I've contacted the court who've said that I need to fill in an N244 and pay £40. I've downloaded the form but I'm a bit stuck as it asks whether I've attached a draft order. Do I need to do a draft order or can I simply fill in the box to ask for an extension of time to file my defence due to not receiving a response to my last Part 18 request? TIA
  10. Wot no Bookie?????? CAG wouldn't be CAG without Bookie would it? I hope you re-consider Bookie. So many people benefit from your advice, it would be a shame for your to disappear altogether
  11. And very valid ones too gh. Part 18 going off tomorrow honestly !
  12. Apologies for not posting sooner. Had a 'mare with amended POCs so I've had to type the whole lot out! IN THE XXXXXXXXXX COUNTY COURT CLAIM NO: XXXXXXXXX CABOT FINANCIAL (UK) LTD – Claimant And XXXXX XXXXXXX – Defendant PARTICULARS OF CLAIM 1. The Claimant is and was at all material times a purchaser of debt. 2. On XX December 1999 the Defendant entered into a written agreement (“the contract”) with Hitachi Nova (“the Assignor”). The contract is an agreement for fixed sum credit and is regulated by the Consumer Credit Act 1974 (“the Act”). A copy of the contract is attached marked ‘A’. 3. Under the terms of the contract the Assignor was to provide £X,XXX.XX as a loan to the Defendant for the purchase of a computer. 4. It was an express prescribed term of the contract that the Total Charge for Credit would be £XXX.XX. The total amount payable by the Defendant under the contract was therefore £X,XXX.XX, being the cumulative amount of the Total Charge for Credit and the Loan. The monies under the contract were duly provided on or around XXX May 2000. 5. The contract also contained an express prescribed term specifying how the Defendant would repay the total amount payable (“the repayment term”). The Defendant was to re-pay by way of 48 monthly instalments of £XX.XX. 6. The Defendant has breached the repayment term. PARTICULARS OF BREACH In breach of the repayment term the Defendant: (i) Failed to pay the instalment of £XX.XX due under the contract on around around XXX May 2002. (ii) Failed to pay any instalment due under the contract or failed to make any payment at all for the period between XXX May 2002 and XXX April 2006. (iii) Has made only 23 payments out of the 48 payments prescribed, pursuant to the repayment term. (iv) Has failed to pay the 25 remaining payments prescribed, pursuant to the repayment term. (v) Has failed to pay the accrued arrears on the account. 7. As a result of the Defendant’s breach of contract, the Claimant has suffered loss, having become entitled to the claimed sum for the reasons outlined below and the Defendant having failed to remedy her breach of the repayment term. PARTICULARS OF ENTITLEMENT 7.1 On XXX September 2003 the Assignor legally assigned all of its rights, title and interest under the contract with the Defendant, to the Claimant. The amount assigned to the Claimant was the arrears of £X,XXX.XX. 7.2 On XXX September 2003 Notice of Assignment was given to the Defendant by sending the same by ordinary post, to the Defendant by sending the same by ordinary post, to the Defendant’s last known address namely XXXXXXXXXXXXXXXXXXXXXXXXXXXX 7.3 The Claimant has applied interest to the Defendant’s account at a rate of 12% per annum. Having acquired rights, title and interest under the contract the Claimant was entitled to apply the contractual rate of interest which is higher. The total amount of interest applied by the Claimant is £X,XXX.XX. 7.4 Since assignment the Defendant has failed to remedy her breach of the repayment term. The Defendant has made a total payment of £XXX.XX to the Claimant. The Claimant has received no payment from the Defendant since XXXX September 2007. 7.5 For the foregoing reasons the Claimant is entitled to the sum of £X,XXX.XX , being the arrears and interest due in relation to the Defendant’s account. AND the Claimant claims: (i) £X,XXX.XX being the outstanding monies due, (ii) Interest under Section 69 of the County Courts Act 1964 in the sum of £XX.XX to the date hereof and thereafter accruing at £X.XX per day until Judgment. (iii) Costs. STATEMENT OF TRUTH I believe the fact stated in this Particulars of Claim are true and I am duly authorised to sign this statement of truth. Signed: Name: XXX XXXXXXXX Position: Litigation Associate Dated: XXXX October 2010 They've attached the Agreement and all the paperwork they provided me with so far. I've rung the court today and have been told that the Judge is preparing an order for me to submit an amended Defence within two weeks.
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