I intend to write to Morgans again re-issuing my CPR 31.14 request originally sent in November 2010 but I will leave this until I can get information from the court. Do you think the best course of action is to wait before sending this request again or should I lodge a letter with the Court to say that Morgans, despite repeated requests, have failed to substantiate their claim with any documentation?

Thanks Donkey ... I know but with the help of CAG I intend to fight this all the way as it seems they are certainly not working within the framework of the law.

On one of the letters received today concerning their settlement offer (sic) they have even had the nerve to mark the letter 'Without prejudice s ave as to costs'. Subversive or what?

Thanks. Yes, I wrote to the court and delivered the letter by hand last evening and will go to the Court office next week to try and get some answers.

I can feel the stress mounting in me as it seems I am right back to square one with this case and Morgans have not provided me with anything at all to support their allegations. I do not know who they are from Adam ... only that they are the tame house lawyers for Cabot ... and as I have had no dealings with Cabot ... and certainly never had a Cabot account this might as well be anyone trying to claim a figure they have plucked from the air. Surely they need to prove ownership of any accounts they are alleging and by lumping two separate credit cards together is merely adding to the confusion. Any advice please before I go off my rocker? It really is high time that the government brought in legislation to curb the devious tactics DCAs are using more especially as the courts do not seem to enforce the law and there usually seems to be the assumption from a judge that if an action has been brought against an individual then they must be guilty.

I smell a rat here! In the post today came a reduced offer to settle in one envelope and in another an offer to use a mediation service that ... wait for it ... they recommend ... providing I agree to pay half the fees! I have still not been provided with any of the documentation that I requested from Morgan a year ago but they refer to copies of credit agreements and statements they CLAIM to have sent me a year ago to support their case but I have received nothing. They also refer to the recent order to transfer to The Fast Track so it seems they have reinstated this action without prior notification to me. I am surprised that any judge has allowed this to be resurrected?

You might think so but I dion't have a great deal of confidence in District Judges. The one that made the order for the Fast Track Allocation was appointed in the spring of last year and is a family solicitor and a previous one I came up again was the former clerk at my former wife's solicitor's some years ago and he made a blunder by adjourning (and not striking out) a case I was involved in when the Claimant had already confirmed that they did not have CCA. I was advised by a judge who was a former client to write to the court quoting a reference in the Consumer Credit Act to say the judge had made an error.. After doin g this I've heard no more and that was about 3 years or so ago.

I hope so but unfortunately I don't have a lot of confidence in these district judges ... many are little more than recently appointed solicitors.

Yes, that is correct. It was struck out on 29 March last year hence my surprise at receiving an order stating another judge has looked at it in the absence of either party and has allocated it to Fast Track.

Thanks Andy. I am hand-delivering a letter to this effect to the court tonight and will go in tomorrow and apply for a 'stay' on the order to delay the requirements of the order to transfer to the Fast Track to give me time to look into this and write to Morgans. As this seems to be an expensive option (we are talking abot a claim for more than fifteen grand if both accounts are taken as one) is it worthwhile taking the Alternate Resolution route in your opinion?

Right, please excuse me being about green as to how threads operate. This is the original thread that I started about this case and since the last post and an order made by the court to 'strike out' there has, as far as I am aware, been no activity. Then, yesterday, I received an order made in the absense of either party to say it had been referred to the Fast Track. I have no written to the court with a copy of the 'strike out order' to enquire why this has suddenly been referred. Can anyone offer any assistance please?

Sorry Andy/Simon No intention of hijacking his thread but the points appear to be similar between my case and his.

Thanks Andy. I'll write to the court to enquire but as far as I was aware there has been no communication. Can the action be stayed after it has been struck out? Morgans seem to work by trying to confuse those they are up against by not providing any detailed POCs or by providing documentation that I thought they were required to under the Consumer Credit Act?

Cabot/morgan Claimform - old Cap1 Card Debt - Page 4 - Financial Legal Issues - Consumer Action Group I have been reading through this thread and it is remarkably similar to my case with Morgans (please see the thread I started) that I thought was dead and buried. A difference in my case is that Morgans have issued a POC for two separate accounts relating to two different credit card companies on the same POC. Yesterday, out of the blue, I received a Notice of Allocation to Fast Track. It seems a judge had looked at the case papers in the absense of either Morgans and myself. What I cannot understand is how this has suddenly been re-opened when in March 2011 the court sent me an 'General Form of Judgement of Order' that states ' No party having informed the court of the outcome of settlement attempts, it is assumed that the case has been settled and unless any party informs the court to the contrary in writing by 26.4.11. the claim and any counterclaim will be struck out' Since this order to 'strike out' the case I have had no communication with or any response to my requests from Morgans. Can anyone advise please?

This is a really great forum that can only get better. I have gained an awful lot of help from it as due to the failure of a business I have an insurmountable number of debts that I have been trying to cope with for many years. These were all incurred on credit cards and all have been passed to DCAs. These are parasites and they will threaten all kinds of things but at the end of the day they have to abide by the law and without taking you to court they cannot enforce anything. What we have to do is stick together as a large and powerful group and fight. We are not criminals and none of us on this site (hopefully) ever got into debt by choice ... more by circumstances. We must all remember that the bankers who got this country into the troubles it now has have no qualms about what they did nor will they ever be called to account for their actions, so why should we be harassed and threatened by the same group of people? My advice is NEVER, EVER get involved in telephone conversations with any of the DCAs. Write to them by recorded delivery and demand that they stop telephoning or texting you and tell them that you will only answer personal letters ... and not the computer generated threats that they issue. If they fail to comply with you r demands report them to the Office of Fair Trading (Trading Standards) and the bank/credit card company that has hired them should be reported to the Banking Ombudsman. I have tried writing to my MP on numerous occasions to try and get the Government to address the entire situation regarding debts and the use of collection agencies to no avail but we need to lobby for fairer laws and for the courts to enforce cases against DCAs that continually harass us. It is not easy to fight these people but once you are in possession of as much knowledge as you can get, you do start to understand your rights and you will know that much of what the DCAs try to achieve is done by breaking the law. I not only have to fight the DCAs but also my wife who worries herself sick and is frightened to death by the calls and letters we receive. She should never be suibjected to this simply because I got into debt. But, she is exactly the type of person the DCAs love because they know that they can intimidate her. I have had the same DCAs sending me threatening letters, leaving texts on my mobile and calling me several times a day. My question to all of this harassing activity is to pose this question: If they really think they have a case to pursue against me that they feel is legal and will stand up in court ... then why haven't they taken this course of action, more especially as they have been threatening me with legal action for 4-5 years?

Me too. I have been having increasing problems with Broadband speed ... accessing the internet and crashing over the last few days. This is the latest in scores of problems over the last couple of years. When you email, unless you start getting stroppy, they only send out the standard automated response telling you to ring the 'unhelpful' helpline. Although I can access the net I cannot get through to any of the Orange pages so I guess the fault is at there end. I range the helpline and the automated robot said "there is a high a number of calls this evening, there will be a lengthy wait - call back another day" What kind of service is this? Orange, in my opinion has the lowest customer service in the country. I have written twice with recorded delivery letters to the CEO and have been told that he does not receive or answer letters. This truly sums up an organisation that cares nothing about it's customers and we should all start taking our business away. I will be ... I inherited them from Freeserve which was fine and it has been problematic ever since Orange took it over. But they know that changing suppliers is never easy as you have to transfer all of your email addresses and stored files etc and then change all your stationery that uses the address. Orange sucks. They have got too big, too greedy and cannot give a damn,

I have just been contacted by a Allied over a small amount owed on a car loan that I can no longer pay since being made redundant a year ago, As far as I am aware this company could have been anyone. The original lender, Black Horse, has not informed me that the debt has been passed on and they had previously agreed to accept £1 a month in view of my circumstances. This arrogant sod from Manchester called me and refused to listen and when I told him to stop calling me he said he would ring me "3 times every day" so I threatened to report his company to Trading Standards or bring a case for criminal harassment. As I understand it, the in the case of DebtHater - if they call him at work this constitutes a criminal offence for harassment so I would seriously suggest reporting it to Trading Standards or even to the police if you have told them not to call you at work. The actions of these pariahs is a disgrace and it is high time the Government acted to end this business of banks selling debts off for only a small part of what they are worth so these chancers can harass people who fall into debt because of changed circumstances. The banks should be held responsible for lending the money and collecting the debt themselves when it is defaulted. Had the banks been more responsible in the first place the country would have avoided some of the problems. The entire debt collection industry is open to abuse and it has encouraged sharks to poach off the unfortunate - those that are stressed enough by their situation. Few of us get into debt because we want to. . Rant over.

Sorry Andy unclear what you mean? I applied to have the hearing heard in my local court but both parties have asked for mediation. The Judge has ordered that both parties must either settle or write to the court requesting am estension of the stay period.

Right, as nobody has responded to my last posting I will try again. The situation is that I have filed my defence to say that I do not admit I owe Cabot anything and BOTH parties have sent Allocation Questionnaires.. Cabot has added that they will 'endeavour' to give advance notice of their evidence and have agreed that mediation may be considered appropriate. Here is the interesting bit: They have stated that 'there is no pre-action protocol in relation to debt calims .. although they do however endeavour to comply with the 'spirit of pre-action protocoals'. Now in my own opinion - surely there ARE pre-action protocols relating to debt?. Cabot has failed to respond to my request to provide me copies of the agreements, notices of assignment and demands for payment under my CPR31.14 request made last November. I have written to the Court on this but they have also failed to respond to my letter. If Cabot has failed to provide me with any evidence that they own these alleged debts, how then can they be in a position to continue with their claim. As I do not know Cabot from Adam these might well be fraudulent claims and without protocols surely this leaves the door open for anyone to claim any alleged debt from anyone they choose?. Advice please guys and gals.

Thanks Andy. Form N150. I have also received N152 Notice that Defence/Counterclaim has been filed. Is it safe to include a letter to state that the Claimant has failed to provide the documentation to support their claim under CPR31.14 and therefore I believe the case should be struck out for non-compliance?

I have just received the Court allocation questionnaire (posted 23 December) and I have only 4 days to complete and get this back to the court.

Thanks Andy. I'll keep you updated if there are any further developments.

Sorry Andy - yes I have submitted the defence online as previously discussed.

Sorry Andyorch do you mean have I applied to the court for a stay (adjournment?) because since I filed my response to the action I have heard nothing more from anyone.

Hi Thanks guys. I submitted the documents online to the Northampton clearing centre stating it was my intention to contest the claim. I also sent a request by recorded delivery to Morgans (CPR 31.14) that they received on 25 November. I received an electronic acknowledgement from the court but I have had no response whatsoever thus far from Morgans. Hence my request to know whether I should apply to the court to have the action struck out. Any advice please.