Hmmmm,,,,, I'll assume it isn't me because I have had a letter from the court confirming receipt of my AQ/initial defence I'm curious,,,, I was just looking at my credit report and noticed Cabot Financial searched it back in July - what would they have been looking for?

Quick little update. I got a letter from the court a few weeks ago (Below). At the moment we're 'Stayed' until 7th December but there's mention of steps which need to be taken before November 23rd. This may seem a silly question, but am I supposed to be doing anything about this? I've not anything heard from Morgans.

Sorry, I would have answered earlier but didn't get an email notification somone had posted No, no news on the time extension. I got a friend to give me a lift to the courts and managed to hobble my way in on monday, the day the allocation questuonaire had to be in and forgot all about asking about the time extension. I handed in the N150, filled in as per the info gained from those threads you put links to with the draft directions as in the sticky in this 'illegal issues' forum,

Ok,,, the N150 is finally completed and ready to go to the court. I'm still hoping for a 1 month extension but I'll phone and find out about that tomorrow before this form has to go in. Thanks Hadituptohere - I really appreciate the help you've given me. I'd probably be sat here panicking and pulling whats left of my hair out if you hadn't

The last time I checked my report was back in 2008 and there was nothing showing then either. Having said that, if Cabot had registered a default when they first bought the account that would have gone past the 6 yr period by then also.....and having said that, I made arrangements with Cabot when they took over, and never defaulted, so then again they wouldn't have had a reason to. bazaar - I have statements of the account which show when it doubled, but I have never received a proper explanation of this.

Hi Hadituptohere I've just checked my credit report and there is no record of a default being registered by Cabot.

Right then, I've pretty much filled in the N150 but I haven't filled in the 'propoed directions' and 'other information' boxes. I'm not too sure what to do with these and how to procede?!?! All the direction applications I've seen are requesting the Agreement, Terms 'n conditions, notice of assignment, default notice etc etc. The only thing I've not received is a copy of the default notice which Cabot are saying they dont need to provide because they aren't intending taking any steps detailed in section 87 (1) of the CCA 1974. Also, regarding 'proof of amount owed', all they have said is 'You are invited to clarify'. The letters I recieved regarding all this are at post #107

I'll have a good read of those tomorrow. I'd do it now but I'm having a bit of a bad day as far as my injuries go and dont have the energy or concentration to do anything right now. Thanks Hadituptohere ;-)

Thanks Hadituptohere , much appreciated ;-)

Hi Hadituptohere. yes, I addressed it ,, 'For the Attention of the District Judge ' at my local law courts. I sent it special delivery and it was received on tuesday 21st. I didn't think to ring the court to see if it was being acted on. Will there be anyone there on a Saturday? If so I'll ring tomorrow after the postmans been. Otherwise, i'll have to ring first thing monday morning. If I filled in the allocation questionaire tonight I wouldn't be able to get it to the post office tomorow anyway now because I cant get out the house at the moment and my temporary carer (15 yr old son) has gone to his mums until sunday. I'll have to get this questionaire filled in just in case I haven't been granted a 1 month extension and then somehow I'll have to try and get it to the court on monday

Bumping I could do with some help with this N150,,, an just in general

Quick update. I've not received a reply to my letter requesting a 1 month extension to fill in the N150 allocation questionaire from the district judge, so unless I get a reply tomorrow I guess I'd best get this N150 filled in - it has to be in on Monday 27th Sept. I am going need some help doing this if anyone could please oblige I've received a copy of Morgans allocation questionaire. Jeeees, they reckon 3 days for the hearing and £5000 costs!! HELP!!

Alfwithhair: Originally, it was an MBNA visa card account - Cabot 'bought' the account in 2001. Another problem I have with the T & C's is I have been told the copies I was sent were written after 2004 (you can tell by the way they're written was what I was told), though how I can verify that I don't know.

To be honest, I dont know. Part of the T & C's say: "13d - We may reveal your personal information: · to any person we transfer any of our rights or obligations to under any agreement we may have with you 15 General 15c. We may transfer our rights or obligations under this agreement or arrange for any other person to carry out our rights or obligations under this agreement. You may not transfer any of your rights or obligations under this agreement" ...which, I'm lead to believe, gave MBNA the right to 'sell' the account and rights etc to Cabot. Now, in the T & C's it mentions interest rates of 19.9% p.a variable - so, where this 12% thing comes into it I have no idea whatsoever - or is that what the rate is nowadays? (original 'agreement' made in 1999)

Ahhhh,, excellant,,,thanks

Thanks miss muppet

Sounds good to me hadituptohere ;-) I was wondering, I assume the head of the letter will state case number, claimant, defendant, court etc, but how do I start the letter? Is it: Dear Judge..., Your Honour..., Dear Your Honour... ??

Thanx for your help hadituptohere. I'll get to work on the letter to the DJ tomorrow and send a copy of it to Morgans. Do you think I should phone Morgans and ask for the extension as well, before I write to the Judge? I'm just thinking if they agree to it, it would be something to add to the Judge's letter. And if they didn't, it would just leave me thinking 'what a bunch of heartless #%$K'#'s' Having said that, I don't particularly want to talk to them at all.

Ok,, I've just rang my local court and explained my present circumstances. I said I was a defendant in a case,,blah blah,,and was at the stage where i had the allocation questionaire to fill in. The lady there asked if i was able to do that. I said It all looked a bit confusing, but I can write ok although I am a bit concussed and confused and might mess it up. She said in that case it would be best to write to the District Judge explaining it to him and ask for a 1 month extension BEFORE even attempting to fill in the AQ. I'm guessing this is probably the correct thing to do, but I'm a bit wary after reading other threads where people have been given the wrong info/advice by court staff and would appreciate it if someone could confirm this is the correct procedure. Thnaks

These are the letters in response to my cpr requests which I received some time whilst I was in hospital: this had copies of the application form/agreement and t&c's attached as posted earlier. This had a copy of a letter dated 23/10/2010 stating the outstanding balance due under the above account had been assigned to Kings Hill Ltd. Cabot statement of account attached...see below shows the sudden increase in the balance in October 2008 I forgot to say yesterday, I've had an allocation questionaire land on my doorstep and have until the 27th September to fill it in and return it. I'm really going to need help with this. I did have quite a good idea of what I was doing before the accident but its all kind of drifted away at the moment. I could really do with finding out about an 'extension' as hadituptohere mentioned if thats possible. The only other advice I've had is to ring the court manager and seek their advice.

Thanks for the get well wishes guys:-) It was a bad accident and apparently I'm lucky to still be alive and to have not been garrotted by a barb wire fence. The only good thing is I can't remember a damn thing about it - its all a bit surreal t.b.h.

Hi Guys - Quick Update - and urgent help needed! I've had a response to my CPR requests. They've sent me copies of agreement, t&c's, notice of assigment etc. The increase in the debt is all down to interest@12%.which they started adding on the dates mentioned earlier. Now then, the thing i need urgent help with is this: Last week I was involved in an accident (crashed me bike). I've just come out of hospital today with a broken ankle, both arms are damaged at the moment, and I've knocked a few teeth out - basically I'm in no fit state to do anything - crawling round the house on all fours. Can I get some sort of 'adjornment' and have all this put on 'hold' until I'm well enough. Sorry if this doesn't make much sense, but its been a funny old week!!

Quick question,,,Why doesn't masjntt's uncle have until October 1st to file a defence? DG's application says '3- defendant to file fully particularised defence within 28 days of service'. Does'nt that mean service of amended Particulars of claim?

My defence has to be in over the next day or two, can someone confirm (or not) this is ok,,, thanks :- 1. I, xxxxxxx, of xxxxxxxxxxxxx, am the defendant in this action and make the following statement as a defence to the claim made by Cabot Financial (UK) Ltd 2. The claimant’s particulars of claim are vague and fail to disclose any cause of action; they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR, even allowing for the constraints of the bulk issue system. 3. The Defendant notes that the Claimants' claim is not fully particularised, offers no cause for action and documents constituting the agreement should be attached to or served with the particulars of claim. The defendants claim is thus eligible for a strike out under CPR 3.4.2 (a) © 4. No documents supporting the claims in the particulars have been offered and despite two requests to the claimant for further information via CPR 31.14 dated xx/xx/2010 and CPR part 18 dated xx/xx/2010, both sent by recorded delivery and signed for, none has been forthcoming and as a result I cannot plead in defence to the claim. 5. The Defendant denies that they are indebted to the Claimant for the sum of £xxxx.xx and puts the Claimant to strict proof of this sum. 6. Without clarification of the claimant’s claim, the defendant is extremely disadvantaged and as the claimant’s claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon. 7. Further to the above 6 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed. And the defendant: 8. Seeks an order that the Claimant’s action is struck out under CPR 3.4.2 (a) ©, or otherwise dismissed, on the grounds that any claim cannot succeed. Statement of truth I believe that the facts stated in this defence are true. I am the Defendant. Signed: XXXX

As you're asking for ALL the informatin the bank holds on you in your SAR (no matter how many accounts), I would assume its just one letter and £10.