Today have filed for defence using the N244 form, realy need to know if the debt is still legally bound by The Credit Consumer Act 1974, or is it the case when Cabot obtained a ccj without my knowledge i do loose my rights to the agreement and no statement of accounts are required and interest can be added to the alleged amount.

Hi Debbs / Kirsun, (Hi Sunnydee its another sleepless night! just lost my job over these sleepless nights so i know how it feels) Interim charging order in Norwich court around 19 days time and 100 miles from where i live, stopped all payments for the whole disputed amount in 2008 ( no crime number could be from given by poilce because lack of details supplied by Citi, only name of company and area on account statement no other details were sent in writing) But why are Morgans / Cabot writing back confirming that they will go to the bother of supplying a copy of a cca i took out in 2002 in what form i can only still guess, when they have put in writing they have no legal obligation to do so, or is it all hot air and are the still legaly obliged to do so under the 1974 agreement, i know the amended 2006 will not stand ( scheldue 3 - s11 cca 2006, prevents s15 repealing s127 (3) of the 1974 act for agreements made before s15 came into affect) Since the agreement would have commenced prior to the inception of the cca 2006, section 15 of the 2006 act has no affect and the cca 1974 is the relavant in this case. Spoke to Morgans today, letter of court date was sent BUT they told me it was sent back NOT KNOWN AT THIS ADDRESS!

Hi Kirsun, thanks so much for your reply, was starting to loose all hope, i took from an earlier post that once judgment has been given they dont have to comply for a requested cca because the ccj is the agreement now, so using this as a defence, i would be wasting my time, please tell me im wrong! BUT in a previous letter Morgans have stated they will be supplying a copy of the agreement taken out in 2002 with citi in what form i can only guess, which i have still not seen. Would be very grateful of any advice on how to proceed with this.

Do you mind me asking with which company? sounds very very similar to my thread re Cabot through patio doors policy

Are new rules coming into affect regarding charging orders must be over 25k on the 1st Feb 2011?

I know im probably clutching to straws, but are there any new coalition rules coming into effect on the 1st Feb 2011 regarding charging orders can only be made for amounts over 25k? Its sickening would have contested claim if i had court date, Cabot also requesting interest on alleged amount. Surely they still have to show how and where this alleged amount has come from to the court and send a few letters out before court procedings or am i missing something or can they get judgments via back door these days. Have 220k equaty and 8.5k of alleged debt with 2 young children at home, any ideas on way foward with N244 form or reply to cabot?

Hi Debs, no court papers recieved, ccj was given in Nov without my knowledge, have been on electoral register at same address for almost 10 years so i know it couldnt be posted anywhere else, dont these have to be sent by registered post?

any help please regarding cabot, posted thread on data protection and default issues forum

please need some help on charging order reply from morgan solicitors (cabot) , posted wrongly on data protection and dafault issues forum!

Hi everyone, need a litlle help! received a charging order on 14th jan via morgans solicitor acting for cabot for the grand olde sum of £8500 for a disputed citi c/c which i opened in 2002, no letters prior to this informing me of any court action, wrote to morgans for a true signed copy of my cca 1974, morgans have responded back - your letter purpouts to be a formal request pursuant to s.78(1) consumer credit act 1974 requesting a signed copy of the agreement made between the assignor and yourself and a copy of the exucuted deed of assignment. The statutory authority to which you refer imposes a duty upon a creditor to provide to the debtor a copy of a regulated agreement entered into between the debtor and the creditor. However once proceedings have been issued, and a judgment obtained by the creditor, the agreement is at a end. The creditor becomes the judgment creditor and as a consquence any request made under s78 (1) is rendered nugatory as the requirements under s.78 (1) cannot be fulfilled as the agreement is no longer"...under a credit regulated agreement" We would also mention that non compliance with s.78 (1) of the consumercredit act 1974 no longer constitutes a criminal offence as such liability was repealed by the consumer act 2006. ??????? credit card taken out in 2002 so cca 1974 not amended 2006 cca and agreement was with citi not cabot monkeys! Any help would be greatly appreciated,