I sent in a CPR31.14 request on 31st August and received an unstaisfactory response ( a copy of the letter is uploaded on this thread). I then sent a CPR31.15 request on 9th September giving them 7 days to comply and have received nothing

Cheers. Do I word it exactly like that? (A strike out for abuse of CPR)

Just called the court and they didn't have the foggiest idea of which form I need. He was acting like I was talking in some sort of foreign language. He said I could try N244 but he isn't convinced that's the right one.

Thanks for that. So I will now obtain the form from the court to order Morgan's to disclose the documents. Also I will send of the aq.

Hello the form is a N150. When you say I should make an app to the court, what exactly does that mean? Also do I make this app to the court and forget about sending the aq in by the 20th September now?

Hi, I have used the defence which was suggested by emandcole and it can be found on page 3 of this thread and initially concentrates on the fact that their POCs do not meet the relevent criteria. We are starting with that first and then seeing what they come up with next. I was advised not to rush into defending myself too much yet as it is their job to prove the debt is correct and not mine to prove it isn't. As I said though unfortunately I have had no response from Morgan's with regards to the CPR31.15 letter or my defence letter (both were sent on 9th Sept by recorded). The date is fast approaching for my aq to be sent in so just wondering how best to fill it in without any more word from Morgan's.

The letters which I sent recorded to Morgans regarding CPR31.15 and also my defence have not been responded to. I gave them 7 days and as my aq still has to be by 20th Sept they are cutting it fine for me to see any documents. What shall I do now as I don't want to miss the deadline for the aq?

Good work! If that was the case and the agreement was proved to be worthless it would save all this aggro! Hopefully someone can confirm this to be the case!

I tend to agree with that. I ask for answers and proof and they give me nothing. Instead preferring to start legal proceedings (I assume in the hope as you said that they will frighten people into submission). I am very hopeful of my case and I can not see what they intend to base their case on at all but all will be revealed. You're also correct in your endorsement of this site. It is a fantastic boost to know that their are people there willing to help. I for one will be making my donation to the site have no fear. In the meantine I still have to try and wipe the floor with this shower

To me it is an open and shut case but what will the jugde think that's the problem. To be honest I'm so surprised they have even taken it to court so they must think they have a case of some sort. All I've ever wanted is for them to either provide me with proof of a VS (as they maintain) or to update the balance to the correct balance of £1164.73. I informed them that as soon as they did that I would resume payments to them but no they decided to take it further....

Yes. 1 is Total Cash Price £9,448.96. 2 is Finance deposit £100.00. 3 is amount financed £9,348.96. 4 is total charge for credit £5286.64. 5 is Balance Payable (3+4) £14,635.60. 6 is Total amount payable £14,635.60. 7 is APR 21.21%. Hope that helps!!

I have always been supremely confident with my case as I believe it is watertight but I was not confident of how to portray this in court so things go to plan. I was worried I may say or do the wrong thing and mess it all up which is why I asked the advice of you good people.

I am so glad you can now see the agreement. This is what I have tried telling Shoosmiths, Cabot and now Morgan's. Where is the option of VS? Nowhere which is why I'd never heard of it. I VT'd as per the agreement. As far as the figures are concerned - The total amount payable on the agreement was £14735.50. This means that when I VT'd they were entitled to 50% of that figure (£7367.80) minus what what the car sold for and minus any payments I had already made. The car sold for £600 and I have made £5603.07 so I owe the difference between £7367.80 and £6203.07 leaving £1164.73. I have told them all that this is the correct balance but nobody listens. They on the other hand say the balance I owe is a riduclous £8927.73 which they have also now just added a court fee of £190 and solicitor's costs of £100 so a grand total of £9217.73 is what they are now claiming. Way off the mark. As I have told them all, I do not dispute the debt, I dispute the balance.

Ok just an update. The court still maintains that the aq was sent due to the fact Morgan's informed them I would likely be defending the claim. The court says now it issued it must be returned by 20th Sept so looks like we're stuck with that. I have sent CPR31.15 letter to Morgan's as well as a copy of my defence. I have also sent a copy of my defence to the court. All were sent today by recorded mail so I guess we'll just wait and see what happens next.

Also as suggested I will keep enquiring with the court as to the aq. However at the moment do I need to be sending anything into the Court yet or is it just a matter of sending the CPR31.15 letter to Morgan's and waiting?

Ok so I will send the CPR31.15 letter today by recorded delivery. Am I correct in thinking that I should,not send the defence letter yet? As soon as I get a reply to my CPR31.14 letter I will post it up to people can see. Once again I can not thank you all enough for all you help!

Thank you so much for all your hard work and help. This sounds like a good idea as I obviously have to say something. So now presumably I complete my allocation questionnaire and send it off to the court? Also with regards to your plan do I just write that out as it is and send it to the court along with the allocation questionnaire ir is there more to it?

I honestly can not remember if I was informed of the transfer from OnLine Finance to Cabot as it was so long ago. I can only assume I was made aware at some point.

Thanks. Where will I find their POC? Will the court send it to me?

Thanks for the info. As everything is on a tight time schedule now are you saying I should tell the court I now no longer wish to defend? Also forgive me as I know nothing about legal jargon so what exactly is PofC? And how would I go about asking them to provide more details? I sent a letter to them as advised on here with a CPR 31.14 request and as you can see on this thread, their reply was less than helpful and basically told me I wasn't entitled to see any documents

I imagine I had a default notice sent to me all those years ago but they have not sent a copy of it since so I can not say the date that the default was entered. In any case when I sent my letter of VT nobody turned around and told me that it was no longer an option. I was just led to believe all these years that it was a VT as I asked for. Only in January this year did Shoosmiths come up with this VS idea

The court says that the claimant informed them that I would likely be defending the case and therefore that is why they sent me an allocation questionnaire. I have been told that I can either withdraw my defence and admit liability or if indeed I will be defending then to send the questionnaire back as arranged by 20th Sept.

I did reply to the letter dated 22nd July and I told them what I'd been telling them for years. Either update the balance to reflect the fact I owe 50% or provide me with proof it was a VS as they maintain. They did not reply to my letter and instead went straight to Court and issued proceedings

I have a copy of the original credit agreement along with the statement that I was sent of monies I have paid on the account over the years (which is about 5 pages long). As I said I'm not trying to wriggle out of it by saying that's it's unenforceable or anything, I fully acknowledge the debt just not the balance as I VT'd meaning I was under the impression I was liable for 50%

This is my point and that is why it is so frustrating. Shoosmiths asked me to prove VT so I sent them my original letter that I sent OnLine Finance and when I asked them to provide proof of VS they come up with nothing. All they did was pass the file back to Cabot. VS wasn't even an option on my credit agreement and I'd never even heard of the term. I was under the impression for the last 8 years that I had VT'd. When I SAR'd Cabot I saw some internal emails which were obviously Cabot staff trying to find proof of a VS. Then there was an internal email basically saying they have no proof but nobody has ever admitted that to me publically