Hi,thank you shadow for the info. barns66

Hi,i have just checked my credit file equifax and it's marked on there that i settled a Barclay Credit card in May 2006,i never had a Barclays Credit card,it's the same last 4 numbers as Morgans have on the court papers they sent me on Saturday and the amount would have been around that amount at the time.i did not settle it.I have learned from the site earlier that Barclays did not take over Goldfish untill 2008.I just wonder who put this marker on equifax,i can not see it could be Barclays as they did not own Goldfish at the time. barns66

Hi Michael,thank you very much for the info.I wanted to know as i have never had a barclays credit card only a Goldfish one barns 66

Hi,Can anyone tell me when Barclays aquired Gooldfish credit cards barns66

Hi Cym + Hadit thanks for your comments,i will wait see what court sends,unless anyone suggests there is another way forward. barns66

Hi.thanks for everyones comments,i will wait and see what the court sends me as Hadituptohere suggests it baffles me where July 4th comes from,i can not see how they could receive my application form,send me back anything to sign and send me a card to use,in that time.I still can not see where it states on the application form any reference to terms and and conditions.I think Hadituptohere it's allocated to fast track,i will checlk in the morning. barns66

Hi,i received this from Morgans Solicitors yesterday morning,i have not got a scanner just now so i have typed what they sent. Morgans Letter Dear Sir or Madam Cabot Finacial (UK) Limited v My Name We enclose herewith a copy of Amended Partuculars of Claim by way of service upon you IN THE ***************** COUNTY COURT Claim No. ******** BETWEEN 　 CABOT FINACIAL (UK) LIMITED Claiment and ** ***************** Defendant AMENDED PARTICULARS OF CLAIM PUSUANT TO THE ORDER OF THE COURT DATED ** August 2010 　 THE CLAIMENT 1. The Claiment and Cabot (Europe) Limited (" Cabot Europe") are and where at all material times part of the Cabot Financial Group of Companies (" The Froup"),The principal activity of The Group is the purchase and recovery of debt legally assigned from finacial institutions, The claiment Company is the Company used bty the group to aquire various portfolios of debt. At all material times,Cabot Europe administor accounts on behalf of the Claiment.The servicing of the account and associated collection procedures are conducted by Cabot Europe. 2. For the avoidance of doubt,Cabot Financial (UK) Limite was previously knpw as Kings Hill (No.1) Limited.Kings Hill (No.1) Limite changed its name to Cabot Financial (UK) Limited on the 15th January 2007 and attached hereto marked "SS1) is the certificate of Incorporation of change of name. 3. The Claiment is and was at all times the Assignee of te debt incurred by the Defendent on his Goldfish Credit Card Account. THE DEFENDANTS ACCOUNT 4. On the 4th ***** 1997,The Defendant opened a Credit CardAccount by HFC Bank Plc (on behalf of Goldfish Bank Limited (the assignor) Account Number **** **** **** **** ("the account).The Assignor provided a copy of the Credit Agreement signed by thre Defendant,a copy of which is Attached hereti marked "SS2" 5, The last payment to the account was made to the Assignor on the ** March 2008 in the sum of ****** The Assignor has provided Statements relating to the Defendants Account,copies of which herto marked "SS3".The last payment made to the Assignor shown onStatement dated ** April 2008,The balance that appears on the last statement dated **May 2008.is £****** 6 The Claiment purchased the debt from the Assignor on 11th April 2008 by way of legal assignment under section 136 Law of Property Act 1935.Attached hereto marked "SS4" is a copyof the Cabot Europe Action History which details correspondence between Cabot Europe and the Defendant, As indicated at paragraph 4 of the ActionHistory,a "MGHEL1" was created on 18th April 2008 and send to the Defendant's last known adress,namely "my address here" shortly thereafter A "MGHEL1" refers to a Notice of Assignment.A copy of a representation of the letter was sent to the Defendant is attached herto marked "SS5" The balance at the date of Assignment was £********* 7.OnAssignment of a debt,the Assignor provides information rgarding regarding assigned accounts, The information is contained ina document which refers which CABOT Europe refers to as the "Raw Data" The Raw Data for this account is attached herto marked "SS6" and provides various information including Claiments name and address,the date of commencement of the agreement and Agreement Numbe. 8. The Claiment as Assignee has aquirec the benifit of the contractual relationship that exsisted bewen the Defendant and the assignor and inconsequence the right to collect the debt now vests with the claiment. 9 Following Assignment of the saiddebt,interst has been applied to this account at a rate of 12% per annum In the sumof £*****.Accordingly,the current outstanding remains £*******.A copy of the Claiments Statement of Account which is attached hereto marked "SS7" which shows the assigned and current balance. 10.For the sake of clarificationmCabot Europe has allocated reference number """"""" to this account.This reference number appears on some documents and correspondece in relation to the Defendants account in this matter. 11.Despite requests made by Cabot Europe for payment of the debt,the balance of £********* remains due and owing. 　 And the claiment claims 1, the sum of £************* 2. interest subject to section 69 County Courts Act at such a rate and for such a period as the court sees fit,and.. 3 Costs The claiment believes the content of these Paticulars of Claim are true and i am duly authorised to sign this statement of Truth Dated this day 7t January 2011 Intialed here by Morgans Name here Civil Litigator MorganSolicitors The in-house Litigation Department of Cabot Financial (Europe) Limited All they seem to have changed is the account number and say in there statement that i opened the account on the 4th July 2007 but they did not send anything other than the application form,they had sent this before i signed that on on the 27th June 2007 this was a Friday and i would sayi would not have posted it before the 28th June,i can never remember signing any other form. The raw data spages they sent have quite a number of things blocked out. The assignment letter is the one they have sent before,says it was sent by Goldfish,i never got one from them and i would have thought the account number would have been on it. Should i now wait to hear from the courts or should they have sent someting else to the court. barns 66 　 　 　 　 　 　

Hi,i came across this on a site a few days ago,do not know if it helps copied fro that site. " The significance of the bold S has not been confirmed, but it may stand for same (day), as Royal Mail is contracted to deliver such items within 24 hours of arrival at the Mail Centre" barns66

Hi,ring Virgin media and they should either set up a direct debit for you or they will send a direct debit mandate out to you to fill in and return,you should then get a letter from them when your direct debit will be taken.When you fill in the mandate,you have to leave the first number of your account off,example if account number is123456789 omit the number 1.I hope this helps. barns66

Hi DonkeyB I agree the time they have been given is ridiculous.I will have to see what they come up with,they have had plenty of time to produce something. before now. barns66

Hi,just a quick up date,i received from the court this morning,General Form of Judgement or Order letter unforming what was decided when i went too court earlier this month it says CABOT FINACIAL (UK) Ist Claiment Ref Cabot finacial (uk) LTD 1st Defendant Ref my name Before District Judge ******* sitting at ************ County Court Upon hearing solicitor from the claiment and the defendant in person. IT IS ORDERED THAT. 1. Unless by the 11th January 2011,the claimant serves and files amended particulars of claim as ordered by District Judge ******* on 16th August 2010,then the claim shall be treated as struck out. 2. Costs in the Case Dated 2nd November 2010 Will now look forward to see what Cabot produce. barns66

Hi Rhia + DonkeyB Thank you for your information.I will have to wait to see what Cabot come up with,if anything.Once again thank you. barns66

Hi DonkeyB Thank you for your reply,i just was a little baffled why they did not send me anything when i sent them a SAR. barn66

Hi,i have been thinking about this over the last couple of days,how are Goldfish (Barclays) going to provide Cabot with anything,when they could not supply me with anything when i sent a SAR to them,another thing when Goldfish (Barclays) sold the account to Cabot,woud the account not be terminated. barns66

Hi Hadituptohere Thank you for you for your imput,i will read all the articles i can find on Carey,i can't see what tey can come back with or they would have done it sometime ago.I would i am sure have given up on this without the brilliant help i have received on her,i will be sure to keep you posted on any developments,i will most likely need help when or if i hear from them.Once again thank you to everyone who as helped get this far. barn66

Hi Thanks for all your comments,i will look at the Carey judgement and any other documents i can find. barns66

Hi cymruambyth + pabrmu,thanks for your comments,i will watch to see what they send and will be certain to post them on here and see what people on the forum think of them.I thought at the Judge seemed to be on the ball.If they had anything i think would have sent documents before now. barns66

I went to court,and it was a different judge that had made the order but she seemed too know what she was doing,they asked for a 8 to ten week extension and after what seemed a good dressing down to the solicitor that was there on behalf of Cabot she said that Judges where getting fed up of firms starting legal action when it was clear they did not have the paper work to back it up,which they should have had before they started proceedings,she said that the Judge ****** had given them 2 extensions already and they had not complied with either court order, anyway she allowed them the 10 weeks after solicitor told her that Goldfish had assured Cabot that they could reconstruct or what ever the name is a agreement that woulfd fulfill there obligations and furnish all the other documents that where required,can they do this.Judge made it clear that the extension was a order that if they did not produce the proper documents by the date she gave them the claim would be struck out as i understand with no further arguments or delays as the court she was sitting at where fed up with the paper work clogging up the system.I asked the solicitor to point out on te application form that had sent where it mentioned the t/c,s how the t/c.s they had sent me where linked,he pointed to the box about coming under consumer credit act saying they would be contained in there and he seemed to agree with me they where very hard to read.How can they reconstruct a agreement and how would i know that it was the one for that time.I pointed out to the solicitors the default notice and he said although the default had not been rectified he tried assure me that the Goldfish agreement had not been terminated.I am getting browned of now with all the delays.i still do not think they will produce anything as if they had the documents they would have been produced before now.Will have to wait now see what they come up with.I foumd it not as intimidating as ui thought it would be.Thank you to every body who contributed and helped me in this thread,i will keep fighting this though. barns66

Hi i have just got back from court,i will post up later what happened. barns66

Hi.i forgot to mention they did offer me a discharge but it was not what i would call a good discharge,it would only have meant a few hundred pounds after i had paid there costs.I have never been in court before,i would like a bit of advice of what i can expect and what i should take to court with me.It is Cabot/Morgans that have applied for this hearing to give them more time to produce the papers the judge orderd them to produce on 2 occasions.Will the reply that Barclays (Goldfish) sent me in reply to my SAR make any difference,saying that the account number quoted is not valid.there are no accounts for the named customer at the address provide,i did put the correct Goldfish account number that Cabot have always quated on correspondence sent to me,along with the correct address.I will let you all know when i come back from court later today.hearings around 3.30pm. barns66

Hi Rhia Thank you for your advice,all the letters i have received from Cabot do contain my name and address.I have looked at the copies of the application forms they sent me and i can't see any reference to any t + c's on them,then ones they did send are not legible in some parts.In a leter i received from them i notice it states "Please be advised that Cabot may not hold information such as your original credit agreement or statements on fileto obtain this information,we recommend you contact the original lender.Barclaycard (formerly Goldfish bank) who will hold this informationas the original data controller" I sent a SAR to Goldfish with a cheque for the fee of £10,i received a reply from them returning my cheque with the replies shown here,i did put the correct account number in and my correct address,i removed te account number on good advice. http://i169.photobucket.com/albums/u...66/ACCESS1.jpg[/iM http://i169.photobucket.com/albums/u...CCESS2-1-1.jpg[/i barns66

Hi,sorry i have not been back to this for awhile,i have received a what they call a deed of assignment when i sent for document using the CPR methods,there was about 30 pages and more than half hadstuff blacked out.I have all the letters that have been sent fro Cabot,including the one they first sent to tell me that the debt had been assigned to them,i did not get one from Goldfish,the one Cabot sent that was supposed to be from Goldfish did not have an account number on,i thought if it had come from Goldfish it would have contained the account number.When i have asked for a agrrement all they ever sent was a copy of a application form with some t&c that are not legible in lots of places and the ones they have sent seems to have been highlighted in certain parts.If they turn up what are they going to produce that they have not produced before.In the cd they sent when i sent a SAR request u notice that they are looking for the t & c and in reply to the request by email it states that noT & Cs are can be found.Thanks for your input Hadituptohere and Rhia. barns66

Hi Hadituptohere Thank you for your kind advice again.I will go through all my papers and prepare for the court.I do not understand why they are asking for a further extension to provide the documents the DJ asked them to provide above 2 months ago.If they have got what the DJ orded them to produce before the hearing should they send copies to me before the hearung or can they just turn up at court with them. barns66

Hi the_shadow Thank you for your kind advice,i will do as you suggest and print out the Carey v HSBC ruling barns66

Hi Hadituptohere I will attendthe court as you advice,i can't undersatand what they are up to at all.If they had what the judge asked them for surely they would have produced them now. barns66