Hi Hadituptohere I received Notice of Application from the court this morning Dated 13 October 2010 I have not got a scanner and i will try to put what it says down on the form In the xxxxxxxxxx County Court Claim Number xxxxxxx Claimant: Cabot Finacial(UK) Limited CABOT FINACIAL (UK) LTD Defendent XXXXXXXXXXXX Date, 13 October 2010 To the Defendent my name and address are correct in this box TAKE NOTICE that the Application will take place on 2 November at xxxx PM at xxxxxxxxxx County Court,name and address of court When you should attend 15MINS has been allowed for the APPLICATION Please Note: this case may be released to another Judge,possibly at a different Court Application Notice For help in completing this form please read notes for guidance on page 3 Box on this side of form Name of County Court xxxxxxxxxx County Coutt Claim no. xxxxxxxxx Claimants name Cabot Financial (UK) Limitred Defendents name xxxxxxxxxxxx Date 11th October 2010 1.What is your name or,if you are a solicitor,the name of your firm? Morgan Solicitors 2 are you a boxs to tick Claiment empty Defendent emtyy Solicitor empty Other (please specify) cross in this box In-House Litigation Department of Cabot Financial (Europe) Limited If you are a solicitor whome do you represent Nothing in this box 3. What order are you asking the court to make and why? The claimant requests an extension of time to comply with Orders of the Court dated16th August 2010 and 14th September 2010. 4 Have you attached a draft order you are applying for Yes box empty No Box Croos in it 5 How do you want to have this applicaton dealt with? At a hearing box with a cross in it Without a hearing Box empty At a telaphone hearing Box empty. 6 How long do you think the hearing will last ? Hour box empty Minutes box 20 Is this time estimate agreedby all parties? Yes box empty No box cross in it 7. Give details of fixed trial date or period In this box it says 15th October 2010 8. What level of Judge does your hearing need? In this box it says District 9. Who shouldbe served with this application? In this box it says Defendent 10. What information will you be relying on,in suppot of your applicaton? the attached witness statment box empty the statement of case box empty the evidence set ot in the box below box with x in it In tha box below it refers to it states 1 The claimant issued proceedingsagainst the Defendent on 9th June 2010.These proceedings wher deemed served on the 14th June 2010 2 On 15th June 2010,the Defendent filed an Acknowledgment of service and on the 19th July 2010 a Defence to the claimants claim. 3.The Climant made requests to the assignor for documentation such as Credit Agreement and Statements. The Assignor provided the claimant with copies of theae documents. 4. On the 16th August 2010,District Judge xxxxxxxx ordered the claimant to file and serve full Particulars of claim by 14th September 2010.The particulars were to include the nature of the claim,how and whenthe debt arose,the dare of assignment and statement of account.This Order was received by the Claimant's Litigation Department on 2nd September 2010. 5. On the 8th September 2010.upon preparing the Amended Particulars of Claim ,I reviewed the documentation provided by the assignor.It came to my attention that further clarification was needed from the asssignor in respect of the Credit Agreement provide the change in account numbers shown on the satatements,Without this information the claimant would not be able to fully paeticularise how and when the debt arose 6. Upon becoming aware of the necssity for clarification,an email was sent to our Legal Counsel requesting that he seek the same from the Assignor. 7. On the 14th September 2010,the court granted Claiments Application.The Claimant was given until the 15th October 2010 to file and serve it's Amendee Particulars of Claim. 8.Since making the Application,i have chased aesponse to my email on two seperate occasions anddiscussed the matter with our Legal Counsel.The Claimant still awaits this information from the Assignor. 9. For the reasons detailecabove,the Claiment requests a further extension of time to enable the Claimant to seek clarification fromthe assignor. 10.The Claiment submits that should the Claiments Application be refused,the claimant would be denined accessto justice while the Defendant be relieve from liability for a sum claimed contrary to CPR,r,1.1. Statement of Truth box is the following. [i believe][The applicant believes] that the facts stated in this section 9and any continuation sheets) are troe Signed it as intials that look like ss. Dated 11 th October 2010 Full name is here Name of app;icants solicitors firm Morgan Solicitors. Potion of office held Civil Litigator 11. Signature and address details Signed intials her look like ss Dated 10thOctober 2010 Postion of office helf Civil Litigator Morgans Solicitors 5,Mitchell Court Castle Mound Way Rugby CV23 0UY Also enclosed isApplication Notice Notes for Guidance about (Form N244) Any thoughts anyone what my next move should be,I am npt clear if i have to attend court on the 2nd November. barns66

Hi Thank you for all the help and comments,i will let you all know as soon as i hear something from the courts or Cabot/Morgans.I will make a application if they do not produce anything by the due date. barns66

Hi Hadituptohere + Rhia Thanks for your replys,it will be a very interesting 16/17 days to see what they come up with.I thought if they had what the court asked for,they should easily produced in the month they where given.I will be very interested in what they can produce with the extra month.I will post on here if i get anything from the court or hear from Cabot or Morgans. barns66

Hi Hadituptohere I have received a letter from the court this morning,my scanner is still broke so i will copy the document sentminus all names and claim number and see what anybody thinks about it, General Form of Jugement or Order In the xxxxxxxx County Court Claim Number xxxxxxxx Claiment Cabot Financial (Uk) Limited CABOT FINACIAL (UK) LTD Defendant xxxxxxxxxxxxx Date xxxxxxxxxx To the defendant All my details are correct un this box. Before DISTRICT JUDGE XXXXXXXX sitting at xxxxxxxxxxx County Court xxxxxxxxx Law Courts followed by court address Upon reading the Claiments Ex Parte application IT IS ORDERED THAT The time for compliance with the order 16 August 2010 is extebnded to 4pm on 15 October 2010. Indefault of compliance the claim be struck out. Where the court has made an order under CPR 3.3 (4), a party affected by the order may apply to have it set asise,varied or stayed.Such an a[[lication must be made npt more than 7 days after the date on which the order was served on the party making the application (CPR 3.3 (5) and (6) Dated 14 September 2010 Do i have to do anything now our wait for the 15th October 2010,any advice would be very welcome. barns66

Hi Hadituptohere Sorry for not posting before,i have returned home today,i have been away from home dealing with a urgent family matter.I thought when i returned there might be something in the post from either the court or Cabot/Morgans but nothing.I will give the court a call tomorrow to see whats going on. barns66

Hi Hadituptohere I have have been busy to day and did not get chance to phone the court,i will not be at home tomorrow,i will phone the court on Wednesday now.I have not heard anything from Cabot or Morgans either. barns66

HI I have not heard anything from Morgan's or Cabot and i am Going to give the court a call in the next day or two to see whats Going on,I will post here when I find anything out.Thank you Hadituptohere for all your help and interest in my case barns66

Get a quate from them as a new customer,i always did and it was always lower than the quate given to renew. barns66

Hi cymruambyth,thank you for the good wishes and your support and help. barns66

Hi Hadituptohere,thanks gor your support on this matter,i will keep you all updasted as and when i hear more. barns66

Hi creditcardmug,thank you for the info.i will watch the date and if they do not comply,i will make an application on the n244 form to have it struck out.Once again thank yoy. barns66

Hi Rhia Thank you letting me know that it's Cabot that as to produce the documents.I will keep the thread up to date as i receive anything else from Cabot or the court. barns66

Hi I have received this morning from my local court a General Form of Judgement or Order,alas my scanner is broken and i can't scan the document and put it up,i will copy what it says,with out the personal details and the Judges name.It's dated 31st August 2010.Can any one advice what it means,is it Cabot that as to provide the documents asked for or me. Before DISTRICT JUDGE * ****** sitting at ********** County Court Upon the Courts own motion.The Court has made this order of it's own inititive without a hearing.If you object to the order,you must make an application to have it set aside,varied or stayed within 7 days of receiving it. IT IS ORDERED THAT The particulars of claim endorsed on the claim form are inadequate.Full particulars of Claim should be filed by 14th September 2010 setting out the nature of the claim,a statement of account how the debt arose and when and the date of assignment. Dated 16th August 2010. barns66

Hi I have read on mobile phone forums it can be done this way. Vodafone 547 unlocked by selecting ZTE X760 insert imei and caculate code barns66

I will try and find it Hadituptohere,i may be mistaken but i am pretty certain i have seen RBS mentioned somewhere i know the POC says Goldfish Bank.I will come back if and when i find it. barns66

Hi Hadituptohere Thanks for all your help,i am now waiting to hear from the court or Cabot/Morgans,i will keep you informed,when i hear from them.I am just looking at another thing i picked up,i am certain they mention RBS bank,but i am not aware that RBS bank ever owned Goldfish. barns66

Hi I posted my Allocation questionnaire to court,i received a copy of Morgans wednesday.I attached the for draft order direction document and the other information document that cymruambyth kindly posted up.i will send the same 2 to Morgans to let them know on Friday.I received my cd from Cabot today,i have only had a quick skim through it as yet,i found one little thing on it,where they ask someone as a matter as urgency as it is at the litigation stage to search for the t/c for the agrrement at the time of the assignment and the time of the default notice,i note in the reply they got back is that no t./c are avaliable,strange when they say they have sent me the t/c. barn66

Hi cymruambyth,thanks for all your help i have now filled most of the form inand will get it posted by registered post either tomorrow or first thing Friday.Once again thak you. barns66

Hi cymruambyth,thank you very much for all your help in showing me out to fill the Allocation questionnaire in the I section there are 3 boxa to tick do i leave the one where it asks "do yu intend to make a application in the near future" I have ticked the yes box for the 2 top ones,i have not sent Morgans or Cabot anything only my do i have to attach the defence i sent to them or just the documents that you used,should i now send a copy of the 2 documents to Morgans solicitors havin ticked the yes box "Have you sent these documents to the other party" Sorry for all my questions. barns66

Hi cymruambyth + stikky I have just received a copy from Mogans of the Allocation questionnaire that they have filled in and i suppose they have sent tomy local court,i can post a copy of it here or i can give you the answers to every part that they have ticked.cymruambyth would the documents you added be useful to me.Thank you again. barns66 barns66

Hi,what do i reply in this section HI http://i169.photobucket.com/albums/u...s66/court3.jpg[/img] In section B: Location of trial i tick No Section:C.Pre-action protocols do i tick Yes or No. Section D:Case Mangement InformationWhat amount of claim is in dispute do i put the full amount. Applications:Do i tick Yes or No I have applied to them to send me a executed agrrement and all i keep receiving is a copy of a application form,along with with some T/C that i can't make out what they say in most of them and there is no link to them on the application form.They could be from anytime. Witnesses:I just put my name in there barns66

Hi cymruambyth If you do not mind i will put the link to the parts of the Allocation questionnaire and ask what you or anyone else thinks i should do,with the first part where should i put yes or no http://i169.photobucket.com/albums/u...6/court2-2.jpg[/img] barns66

Hi cymruambyth Thank you for the link and your interest in my case, i will have a good read of it and then if i may come back with some specfic questions,it might be later tonight or in the morning,i could then get the questionnair sent back to court later tomorrow or first thing Thursday morning.Once again thank you barns66

Hi Stikky Thanks for the bump,i submitted my defence to the court and sent a copy to Morgans as i was advised,i have never received anything from them though,then the Allocation questionnaire came from the court informing that it had been transfered to my local court and sent the questionnaire back to that court.I have bee looking around the site to find some answers to my question but i have not found anything yet,i will keep looking.I just wonder if i should call Morgans and tell them about the letter i got from Barclays in my SAR request.Once again stikky thans for your interest in my case. barns66

Hi Sticky On the claima form it say Goldfish Credit Card reference,thats not the credit card number Morgans state on a letter they sent dated 1st April.I suppose this is a Cabot reference number.I sent Golfish a SAR request after they took it to court and i received a letter from Barclays as they now own Goldfish,If you look in the link on my thread i have posted Barclays reply,they say "unfortunatly we are unable to process your request due to reason(s) detailed below" The account number quoted is not valid or There are no accounts for the named customer at the address(es) provided. I quoted the correct number and the correct address.I have not told Cabot,Court or Morgans yet as my defence was filed before i received the Sar back from Goldfish.I am awaiting a reply to my SAR reques i sent to Cabot on the 7th July. Good luck with your case. barns 66