Hi guys, advice needed please on the following as I have just come off the phone (I know now why you say not to call them) with Cabots regarding an outstanding amount. Originally debt was with Credit card, which was then sold to Cabot, back in 2011 Morgan Solictors took over an took me to court upon assignment The amount at that time was £6500 I attended court (local) and agreed to make payments monthly. The paperwork stated and I checked at the time no interest was to be applied and none stipulated on paperwork. I duly made payments without fail until last year when I asked Cabots for a statement. On that statement the amount outstanding was effectively the same amount due from the outset - nothing had been taken off despite never missing a payment. To be honest - at that point I stopped my payments. Letters have been sent and I have ignored them until recently when I decided that I would offer a settlement to get these off my back. I offered £0.30 in the pound against what was outstanding and they refused. I was under the impression that this was industry standard - am I wrong on this? Are there other options?

Many thanks for your help - it is appreciated.

Hi, Some time ago RBS took myself and my wife to court in regards to various loan and current accounts we held with them. They suddenly closed our banking with them almost overnight after I successfully managed to reclaim charges levied against us. Up until then they had been receiving our salaries regulary into the current accounts - no default on any loans and overdrafts were small. After a really acrimonious battle with Shoosmiths - they managed to obtain a Charging Order against our family home - which meant were we to move - they would get a share of the proceed to satisfy the debt down. The debt was registered on my credit file and I began to work on paying off as much as I could on some of our joint debts. The majority of funds were paid through my wife's parachute bank account as she had managed to get one - and we paid a nominal amount into this. Even through one redundancy (me) and a job change - we were able to still pay without missing any payments. Fast forward 6 years and finally the entries have been removed from both of our files. We are able to breathe and live again! - we still pay the monthly amount but recently I have been getting letters from Shoosmiths directed to me to say that I need to send personal financial information - with a proposal to pay my accounts off - I have no issues with this - to date we have paid enough to clear the sizable joint account that we held - and I want to pay off the other accounts - but to be honest, I have had my fill with RBS/Shoosmiths - and the wringer we went through - so - yes, I don't want to converse with them in any shape or medium, they got their judgement, they have their Charging order, I am paying what I can to clear it down. Recently they resorted to contacting me by phone - to ask why I was not responding to them - I told them my reasons - they did confirm that the joint account was now clear. My question is that if I start paying my accounts off in my name - are they able to re-enter on my file a default once I start paying those? - Is there a double jeaporady? Shoosmiths were not forthcoming with the information, they said they would contact the client and get in writing (my request) this confirmation. I still await this. I don't trust them - never will - but I have not and have no intention of not paying the debt off - nearly 8 years later I still pay them something each month. Any thoughts would be appreciated.

Thank you all for your kind thoughts Regards Flyboy80

Hi Guys, After attending today - got a set aside on the judgement. As there was a side aside and no judgement Charging Order dropped. Also agreed no charges, with a reduction on the original figure - paid by way of Tomlin Order to an amount that I am agreeable with. All this agreed before we went in to see DJ. He was happy to make them produce the NoA , their solicitor admitted that it would be highly unlikely that they would be able to produce the original as records were stored centrally. To be fair to him, he was reasonable and appeared to listen to my thoughts. Thank you all very much for your help support and input. It's really nice to have guys like Shadow, Cymruambyth,PT - Site team, in your corner, my donation en route as this site has helped me and countless others.

Is Phoenix Recoveries vs D Kotecha - Court of Appeals applicable here?

Hi Guys, What is the "definition" of prescribed terms, on the application form ? Kind Regards Flyboy80

Can they do this and add more ?

Hi Guys, today received costs bill from Solictors an amazing £700 plus... for attendance at court etc.... am I being royally screwed here ?

Hi Alan, I do not recall getting a copy of the terms of the agreement.

OK as this all kicks off on Monday - time for me is essential. To clarify, I did not recieve NoA from Cabot, and I think that I will request at least sight of this as it contains financial information regarding myself. I will need to know it particulars as by way of charges the figures would be incorrect. The default notice would need to be issued - again I would need to see sight of this. They were originally SAR I believe in 08 - within the bundle they sent me they show a copy of my letter plus payment via postal order. They took nearly three months to send statements (copies ) to me and a copy of application form. On another note - is the acceptable or should they be using the actual credit agreement? Because all that is included is my application form?

In regards to my defence, firstly they will have to prove that they own the debt. They have provided no paperwork in regards to this. Should this not be legal condition, after all they must establish that this was transferred to them and they can show how / when? There is are outstanding issues in regards to charges etc on the account which have been disputed so the overall figure is not correct. There has been not issue of default and have not sent a default notice - is this not regulated under the consumer act? If this is a regulated agreement - do they not have to issue a termination notice? What about the original agreement - this was in 2004 - has the consumer act changed since then, is this now subject to different procedures and laws? Also are they allowed to obtain a charging order against this agreement? Your thoughts appreciated

Hi Site team, Can anyone advise on this ?

Hi Guys, Today I received from Morgan's the following documents :- 1) Copy of Consumer Credit Act Agreement dated 04 2) Bundle of statements of account 3) Copy of my original letter requesting clarification of POC that was compose with help from the site team members 4) Copy particulars of claim 5) Copy of letter sent this week a) There is no notice of assignment in the pack b) There is no default notice c) There is no termination notice So what are my chances ? - I terms of my defence should I point these glaringly obvious missing docs out now? Kind Regards Flyboy80

Hi Guys, Have sent of a CPR 14 request for paperwork and sent copy to the court - by recorded - do I apply for more time to get documents - and review to enter my defence or are they supposed to request more time to send to me? Any help welcome