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appo0712

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  1. Hi Cups, Thanks for the info.
  2. Is it possible for DCA's to use civil evidence act 1995 s9, as way round the credit agreement act, in order to avoid disclosure of documentation?
  3. Thanks Hadi, At the direction hearing the judge said she wasn't happy because I hadn't filed a full defence. There was no interest in cabots refusal to supply the full docs, nor that cabots failed to act on the court order requesting them. The judge went on to say that, what had been sent was adequate for me to prepare a full defence, also said that the agreement(application form) is readable. Then concluded with the defence to be filed and served within 14 days or the defence will be struck out, and all my objections regarding the doc's and how cabot have acted with what they that have supplied should be stated within the defence.
  4. I've spoken to the CC this morning and been advised to contact Morgans stating they still need to supply the doc's as ordered by CC, and if no response to write to CC and inform them.
  5. Hi all, Any opinions on my last post?
  6. Another question in addition to the two posts above is, should I file for a strikeout or wait until after the direction hearing?
  7. Received letter from morgans (Draft copy of the Directions for the hearing.) Dates ranging over 5 months. Do I need to draft a copy of directions? Or just wait for the direction hearing? Thank you
  8. Thanks Hadi, As their main argument will be based upon; the claim is for the arrears (which is the whole account). Does anyone have any opinions for me think over? Before I draft my skeleton argument.
  9. Cabots' sols time as expired I'v spoke to the CC this morning and no doc's have been sent to there. As it stands the key doc's that the CC ordered them to send have not been sent. Margans main argument will be that they don't need to. CC advised me to point this out at the hearing. I'm not 100% sure on what to base my defence should I work on their lack of cooperation regarding them not sending the doc's that the CC ordered or should I go towards the fact that they have no right to take the case to CC.
  10. Cabot are becoming more and more transparent. You would think that they would come up with something more original.
  11. It is a sad state of affairs, when they resort to this, even more so as their methods are too feeble and predictable. One would think that DCA’s have the knowledge and a full understanding of the CCA act, without having to troll through forums in search of answers to aid them in their profession.
  12. Thanks Hadit, Morgans are using the Application form as key evidence, The copies of statments are not easy legible. They also are insisting that they do not need to comply with the s77 / s78 request, nor do they need to supply the default / termination notices as they are only collecting the arrears, although the ballance is for the full amount. Do I need to contact Morgans or just wait for the 14 day deadline to pass? Copiy of App- form http://www.consumeractiongroup.co.uk/forum/show-post/post-2595176.html
  13. Received letter from local CC, stating Claiment shall within 14 days serve: True copies of the original Credit Agreement and docs whichcomplies with CCA 1974. Default notice complient with s87 of CCA 1974 and Consumer Credit (Enforcement, Default and Termonation Notices) Reg 1983 (SI 1983/1561) as amended. Docs, contracts or deeds of assignment. Notice of assignment with proof, complient of the Law of Property Act 1925. Copies of statment or other docs relied upon. List for allocation - direction hearing to be heard in August, estimated time 15 mins ( I'm not sure about this step) any help please? Morgan Sols set me the the same docs as in my post #74 http://www.consumeractiongroup.co.uk/forum/show-post/post-2918143.html Along with their cover letter: "We sent this same responce to in May, which was over a month prior to filing of your AQ. The Claiment contends that the points contained in the Draft Order which you submitted to the court had already been sufficiently answered." I'm not sure of the next move to make, as I will have to build my defence upon the docs that they have sent.
  14. Thanks Donkey, I'm not sure if the OC me a termination notice, I'll send a SAR to them and hopefully get something from them before the CC case date; Having said that, from what Cabots's sols have sent me under the heading "Account Sales Agreement" it state that all the accounts within the agreement are: Charged-off post two agencies, where barclay's internal process of 180 days and two external collection agents of 90 days each have been exhausted, It also states that upon the request documentation will be supplied. So cabot should be able to access all documents regarding the account.
  15. Update: Acknowledgement receipt for my defence received on 12th May, from Hmcs. Also received the aq which has to be completed on or before 14 June (case transfered to my local CC) I found some examples on completing the aq, but there a couple of issues that still unclear, these are: "Without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case" They have refused to send me the docs that was requested by CPR 31.14 as their POC's didn't state them, I also used CPR 18 and so supplied me with the same application form and docs as show in my past posts. The question i have is can i still use the paragraph as quoted. The other question is can i also use this "The Claimant shall within 14 days of service of this order file and serve the following: * Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon. The original documents must be brought to the hearing. * Default Notice compliant with s87 (1) Consumer Credit Act 1974 andConsumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended * Document, contract or deed of assignment * Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925. * Copies of any statement or other document relied upon If the Claimant fails to comply with this order, the claim will be struck out without further order. The Defendant shall, in response, file and serve the following * An amended defence sufficiently particularised in response to the documents supplied by the claimant"
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