Hi,a quick update on this,i have now received a trial date.I am still waiting to hear from Morgans about what DD suggested. I note on the Notice of Trial Date that allowed time for trial is 4 hours,The timetable for for trial may be agreed by parties,subject to the approval of thre trial judge.The claiment shall lodge at the court at least 7 days before the hearing an indexed bundle of documents contained in a ring binder and with each page clearly numbered. A case summary (whuch should not exceed 250 ords) outlining matters still in issue,and referring where appropriate to the relevant documents shall include in the bundle for the assistance of the judge in reading the papers before trial. The parties shall seek to agree the contents of the trial bundle and the case sumary. Ech party must inform the court immediately if the claim is settled whether or not it is then possible to file a draft consent order to give effect to their agreement. I received documents fro Morgans with a there costs last week,i do not understand it it just appears sometimes to be double charging. Is there anything more i should be asking Cabot and Morgans to provide to me,.Thank you for all the help i have received on the forums from everybody. barns66

Hi DD,will get a letter put together and send it direct to Morgans,asking for the documents,Thank you very much. barns66

Good morning DD,I will take a look at the thread you have posted,i have a quick question as the court as set a period that the trial will be held, but no firm date,can i still ask for the documents myself or as it goot to be done through court.Once again thank you veryy much for your help. barns66

Hi DD,once again thank you for your advice,i will ask Morgans what they have got. barns66

Hi DD,thank you very much for all your kind help to me regarding this,i wiill get a letter put together and contact Morgans again.I have asked them before but get nothing more than they have already sent me,I checked the court to see if they received my documents sent on Monday,special delivery and they received them this morning at 08:45.I keep looking through the raw data material they sent me and i can not find anything where they ask Goldfish the agrrement they only ask for the application form.Once again DD thanks a lot. barns66

Hi DD,thank you for your welcome advice,i will take a look now at the thread you suggest. barns66

Hi DD,sorry for not getting back to you,had problem with computer,i can not make out all it says under the additional card holder box,it is headed Notice under the data protection act ,i will try and scan it and make it bigger in the morning.I can not see anything else on the form that relates to any other documents. barns66

Hi Andy,sorry for not getting back to you had problems with computer,this is an amended poc and i sent my standard disclosure documents to Morgans as direct by court.I sent my witness statement to Morgans,i received theres with just the same application form and terms and conditions.We both had to sent the Pre-Trial checklist to the court by today,i was busy last week and forgot to get mine sent untill yesterday the 6th,sent it special deliver,i checked when i got back home today from my sons around 04:45 to make sure it had been delivered.I find that it as not been dekiverd and it says that it is in the system and as been redirected.I notice on the postt office receipt that i must have put the first part on my post code and the second part of the courts,in the first part i pur 62 it should be 60,I am amazed how they could have misdirected it with such a small mistakei receive lots of mail with the wrong post code but right address,it is more amazing the court it was sent to is only 200 yards from the court and they cann see it fromthe sorting office.I willring the court in the morning to see if it as been delivered,i have been on time ith evertything untill this as happened.I am worried now what will happen now. barns66

Hi,just to bring you up to date on this thread.I received from Morgans last week a copy of there completed Listing Questionnaire ,list of dates together with a claiments estimate of costs,list of dates of unavalibilty.they have paid the listing fee,so i expect it to go to court.I have prepare mine to sent tomorrow,do i just send what i exchanged with them as a witness statement,along with the Listing Questionnaire.I just want to make sure i should not be sending anything else. barns66

Hi DD,thank you for your advice,shadow thanks for your kind words,i will keep asking quuestions..DD I got the impression the person that the mediator,pulled out because they wanted a date for the mediation and i was waiting to hear from Cabot/Morgans,i thought they where going to tell Cabot/Morgans to write to me with suitable dates for me to arrange a meeting place.Would it be worth while writing to Morgans to see about arranging another mediator.I recived from them in there witness statetment a copy of the same Goldfish application form,copy of at least 2 lots of t/c's stating these where the t/c's provided by Goldfish at the time of the assignment.copies of statements March 2004 to May 2008,it also states in the witness statement that opened the account in 1997.It as had the account number as changed twice from the original account number,i think they have got this from the statements they have sent me,i do not know if it changed in the years from July 1997 when it was opened and March 2004.I received also copy of the notice of assignment.,a readact copy of the Receivables Sale Agreement.I also received what they call Cabot Europe Europe case history ,raw data sheets the first page and half have been blacked out,I tink they have forgot i made SAR and received a cd with this information clear to see and in there in June 2010 they had been informed by Goldfish that no t/c's where available for this account.Thank you for everyones help in this matter. barns66

Hi,sorry for not keeping this thread up to date,i have not been very well again over the last 3 weeks.I did receive Cabot/Morgans witness statement,i received it through the post on the 21st April,in ordinary brown envelope it was sent in was in a state when i received it,badly torn,sent first classs post.I received all before what they sent except for some more t/c's as well as the ones i had received before.I tried to arrange somewhere to have mediation meeting,g.with it being easter then the May day holidays i could not arrange anything suitable,i believed i was told me at the beginning that Cabot/Morgans would get in touch by letter about suitable dates,they never did and the mediator could not carry on after the 3rd May.When i send my forms back to the court do i include a copy of the witness statement i sent to Morgans.I will not ask any more questions as i am completly lost with this now.Thank you for all your help. barns66

Hi,can i ask a couple of quick questions,i sent my witness statement to Morgans yesterday,i know i left it late.,the court direction where for it to be served by both parties before 4pm on Tuesday the 19th April,i sent it special delivery and Morgans signed for it around 11am on Tuesday.I have never received one from Morgans or Cabot,can they just ignore any court directions they want,as they have been doing so since last August.My other question is do solicitors put the wrong date on correspondence they send on a purpose,because since this started i have received 2 letters from solicitors with the wrong dates on.I got a part 36 offer date with a date 3 years before it was sent.I noticed for the first time yesterday as i prepared my witness statement that on the letter they sent with the a copy of the Amended Particulers of Claim by way of service upon you, that was dated January 2010 and not 2011.i would have thought that a solicitor before sending those letters out.would have spotted such a elementary mistake. barns66

Hi DD + Debtcontrol Thank you for your kinfd help,i will get my witness statement posted,then arrange the mediation meeting wih Cabot/Morgans.

Hi DD,thank you for your help,i think i will be going alone to the mediation,i do not have anyone that i would like to know about this and could trust not to talk about it afterwards. I will put my witness statement together over the weekend and send it next week,in the best way i can and just hope it is in the right format.Once again thank you Daniella for your help. barns66

Hi,DD,thank you for your kind help in pointing me in the righ direction,i have looked at some of the witness statements on here but the all seem to be in cases in getting excess chargers back i will try to adapt one of those for my situation.I received the call from the person that wants to arbitrate in the case,i agreed i would try it,she asked if i knew anywhere that i could hire 2 small roms for the meeting,i did not at the time,she said it would be better for me to arrange the rooms as Cabot where strangers to my area,think i know somewhere now.I was told they will call Cabot and get them to send me a letter in a week or 2 and arrange with them about the meeting.They told me they i would either have to send them a income and expenditure form,to see what i could pay,as a judge would require one anyway. barns66

Hi DD,Thank you for you sound advice,i did send them a N265,i hava default notice.I think i will go to arbitration,see where it goes.I have to serve a witness statement on Cabot/Morgans, can any one point me in the right direction what i should me putting in it. barns66

Hi,i have had a letter today from the person that wanted to mediate in this matter,as i said before,i told them that i could not afford to pay the near £400 fees,in the letter i received today the mediator says,they must have phoned before they send the letter,when i was not in,anyway they say "i want to talk to you to let you know that in order to progress this matter i am prepared on this occasion to wave your share of the fee,so that Cabot only would pay their share of my mediation fee.This is acceptable to Cabot" It also says that any costs of hiring a room or rooms would need to be shared betwen you and Cabot.They are going to call me on Thursday to see if i am interested in the proposal and they have sent a copy of the letter to Cabots and suggested if i do want to go ahead that they contact me direct to arrange the meeting details.It appears to be a generous offer and i would like to take it up.I have a little doubt in my mind,will i walking into a trap.I know i have to make the decision myself,i just wonder what other members thoughts are on the offer barns66

Hi,sorry for not geting back,i did not use the N265 form to send my disclosure list,i just sent them some docouments.i received Morgans disclosure set out on N265 form.link's below.I had untill 4pm on the 15th April to disclose,could i send them as N265 form by special delivery on Monday.It states in dislosure list what documents they are wiling to let me see,what documents would be best to ask for.I know i can ask for the agreement,i have only had copies of application forms from them http://i169.photobucket.com/albums/u230/barns66/FF2.jpg[/img] http://i169.photobucket.com/albums/u230/barns66/ff3.jpg[/img] http://i169.photobucket.com/albums/u230/barns66/ff4.jpg[/img] barns66

Hi,just a quick question,i sent my diclosue list yesterday,i know it is a little late,i have not been feeling very well for the last couple of weeks,should i have sent them attached to a N265 disclosure form,with the documents attached barns66

Hi,Just a quick question,i sent my disclur kist yestey,i know it seems a litle late,but u have not been feeling well for the last couple of weeks,when i sent them should i have sent hem with N265 discloure

Hi DD,once again thank u fior the usefull information,i wil have a look to see if i can get free mediation,i will do the list as you suggest.I do not tthink that the 3 hours mediation for near £400 would be enough time to sort things out,it then runs at £85 per hour after that. barns66

Hi.the person who wantd to mediate called and asked what i wanted to do,i declined as i could not afford to pay the fee up front at this time and it would be risking money i could ill afford to lose. I will now prepare my disclosure list,is there a particular way this as to be presented,do i include in the list,all the correspomdece from Cabot/Mogans andother correspndence from elsewhere.I would appreciate any help in putting my disclosure list together. barns66

HI,Hadituptohere,thank you for your advice,i want to get my disclosure list sent this week,once i can figure out what i should be sending them.I have lots of letters from them and documents,i still can not figure out when they bought this from Goldfish,they change the date on nearly every letter they send, when it was asssigned to them.I just received what they say was the assignment but that is signed on the 30th November 2007,when they claimed at first it was in April 2008. I will try to sort things out what to send and what to ask them To produce,geting on in years now,brain not as good as it used to be (lol).Once again thank you. . barns66

Hi DD,thank you for your kind information,i have not agreed to anything at this time,the person that wants to be the mediator is going to call me back on Monday morning to see what i want to do,Cabot/Mogans have never contacted me about taking mediation,i just got a call from the person wanting to act as mediator last week,they then contacted Cabot to ask them if they would be wiling to meadiate and they said yes.I can not afford to pay the almos £400 at this time.Would i have to inform the court that i have not agreed to mediation and the reasons why.I have a lot of paper work that i think with a little help,putting it all together may have a chance of winning my case.Once again dd thank you for your help. barns66

Hi,i have heard back from the mediator and been given the costs that would be incured,fee to be paid up front,they are going to get back to me on Monday to see what i want to do,i was told that the claiment is willing to go along with this.I wonder if anyone thats is experinced in the prosses can give me some advice,if it is a good idea before they call again on Monday.I have only had the documents fro the creditor that i have posted on this thread.I know from them that they have not yet found any t + c's for the account as yet..Thank you for any advice in advance. barns66 barns66