Cabot claimform Morgan Stanley goldfish card - settled out ofcourt

[Fred Bassett]

Bump.

[the_shadow]

Contact the court and find out if they have received anything... if they havent then the case will be stayed and they will have to apply to the judge to re-instate the claim.

 

S.

[Fred Bassett]

Contact the court and find out if they have received anything... if they havent then the case will be stayed and they will have to apply to the judge to re-instate the claim.

 

S.

 

Thanks Shadow.

 

Is this common? Also, is it a straightforward thing for them to get the claim re-instated or will it cause them some difficulty? Although I have definitely not heard from Cabot, given their history it wouldn't surprise me if they claimed that they had sent it to me, so is this something they should have sent recorded? I don't trust this lot one little bit.

 

Regards.

 

Fred

[straftat]

its happened to me 4 or 5 times , DCAs take it to the brink but know they have nothing so dont produce at the crunch time

 

its amazing the pure waste of court time they get away with

[the_shadow]

As has been said they sometimes take you to the brink and leave it or apply for a discontinuance if you've issued a defence... other times they are just late with their paperwork and you need to be aware of this as more often than not a judge/the courts will allow them leeway. By rights now the claim should be stayed and its in your interest to get confirmation from the court of this fact.

 

Once you know its stayed then you'll know they'll have to apply to the judge via an application which will cost them to get the claim re-instated.

 

S.

[Fred Bassett]

As has been said they sometimes take you to the brink and leave it or apply for a discontinuance if you've issued a defence... other times they are just late with their paperwork and you need to be aware of this as more often than not a judge/the courts will allow them leeway. By rights now the claim should be stayed and its in your interest to get confirmation from the court of this fact.

 

Once you know its stayed then you'll know they'll have to apply to the judge via an application which will cost them to get the claim re-instated.

 

S.

 

Thanks Shadow, that is exactly what I will do.

 

Regards.

 

 

Fred

[Desperate Daniella]

Hi Fred,

 

I only just saw this thread of yours.

 

How are you doing? Any news?

 

Love,

 

DDx

[Fred Bassett]

Well Cabot have got the stay lifted. I've been advised that the larger part of this claim is potentially enforceable - maybe 50/50 - the smaller may not be. The split is about 70%/30%. To be honest, I don't really want to go to court and have months of hassle, so I would rather settle. Now I would like to know if anyone has any experience of settling with Cabot as I may be in a position to do so. What I want to know is what sort of percentage would they settle for? Could I embarrass them by offering an amount "which is approximately 3 times the value of what you paid for the account and therefore represents a 200% profit"?

 

Regards.

 

Fred

Edited July 15, 2011 by Fred Bassett

[Duffers Mum]

Fred, I too would be interested in a reply to that question, as although they have not issued any proceedings, they continue to add interest and I would like to get shot of them once and for all!

[Fred Bassett]

Well I'll be having a browse around tonight. I've got another thread on this (2 separate accounts - 1 claim), so I'll ask the same question on there.

 

Regards.

 

Fred

[Fred Bassett]

Right then folks, I need to do something but I don't know what, so I need all the help on offer right now.

 

Trying to get my thoughts in a row and in a logical order, so bear with me if this rambles a bit.

 

This claim by Cabot relates to two different accounts - 1 for a former Goldfish account, 1 for a former Cahoot account.

 

Goldfish account. I have had a long-running battle with Cabot over this. In my opinion it was never properly assigned. I didn't hear anything from Cabot for 3 months after them apparently acquiring it. This was after Goldfish had set the balance to zero. Goldfish issued no default notice.

 

Cahoot account. Cahoot more-or-less confirmed that no default notice was issued before it was sold to Cabot. I was paying this account, but have never received a statement from Cabot and only found out by chance that they were charging interest.

 

So far, Cabot have not replied to my letters to them in post 339. I am aware that this may not have been the correct letter to have sent but I had to do it in a hurry and it was the best I could do.

 

I have to fill out the allocation questionnaire and haven't a clue how to answer this - help!

 

What should my next steps be?

 

Regards.

 

Fred

[gettingsorted]

subbing

[Fred Bassett]

Bump - I'd really appreciate some guidance here, especially on how to complete the allocation questionnaire.

 

Regards.

 

Fred

[brokebutnotbeatn]

is it worth posting in the legal forum?

[Fred Bassett]

Thanks, that's a good idea. I'll ask the mods to move it.

 

Cheers.

 

Fred

[cerberusalert]

Moved to the Legal forum

[Fred Bassett]

Thanks.

[Fred Bassett]

Bump. I'm struggling here folks and would appreciate some help.

[cymruambyth]

Hi is your aq 149 or 150?

[Fred Bassett]

150

[cymruambyth]

This is one 1 copied ages ago from andyorch on a thread somewhere, it should help. Thank you to Andy for this.

 

 

 

Have you sent a copy of this completed form to the other party Yes

 

A. SETTLEMENT

 

For All

 

1. Given that the rules require you to try to settle the claim before the hearing, do you want to attempt to settle at this stage?

 

Yes

 

Reasons: Without production of the requested documents, I am at a disadvantage and am unable to negotiate a settlement without the full facts.

 

B. LOCATON OF TRIAL

 

Is there any reason why your claim needs to be heard at a particular court? NO

 

C. PRE-ACTION PROTOCOLS

 

You are expected to comply with the relevant pre-action protocol.

 

Have you done so? No

 

If No, explain why?

 

This case is not covered by any approved protocol; I have tried to act reasonably in exchanging information and documents relevant to the claim but have had no response from the claimant in this regard.

 

 

 

D. CASE MANAGEMENT INFORMATION

 

What amount of the claim is in dispute? £XXXXXX (amount less court fee/sol fee

 

Applications

Have you made any application(s) in this claim? NO

 

Witnesses

 

Xx xxxxx All the facts in the case (yourself)

 

 

 

ExpertsNo

 

TrackFast Track

 

If you have indicated a track which would not be the normal track for the claim, please give a brief reason for your choice:

 

Its is respectfully requested this case be allocated to the Fast Track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer.

 

 

 

E TRIAL OR FINAL HEARING

 

How long do you estimate the trial or final hearing will take? 3 Hours

 

Are there any days when you, an expert or an essential witness will not be able to attend court for the trial or hearing? YES

 

 

 

F PROPOSED DIRECTIONS

 

Have you attached a list of the directions you think appropriate for the management of the claim? Yes

 

If Yes, have they been agreed with the other party? NO

 

G COSTS

 

Leave blank

 

H Fee

 

I OTHER INFORMATION

 

Have you attached documents to this questionnaire? YES

 

Have you sent these documents to the other partyYES

 

If Yes, when did they receive them?

 

Do you intend to make any applications in the immediate future?YES

 

If Yes, what for?

 

An order seeking the Claimants compliance with information previously requested.

 

In the space below, set out any other information you consider will help the judge to manage the claim.

 

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

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

 

Its is respectfully requested this case be allocated to the Fast Track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer.

 

Therefore it stands to reason that this document must be disclosed before this case can progress any further.

 

___________________

 

DRAFT ORDER FOR DIRECTIONS

 

 

In the ************* County Court

Claim number **********

 

 

Between

 

************* - Claimant

 

 

 

 

and

 

 

xxxxxxxxxx - Defendant

 

 

 

 

Draft Order for Directions

 

 

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• 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.

• Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer 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 within 14 days thereafter file and serve the following

• An amended defence sufficiently particularised in response to the documents supplied by the claimant.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

 

 

Regards

 

Andy

Edited July 21, 2011 by cymruambyth

[Fred Bassett]

Many thanks for that - it looks to be just what I need.

 

Regards.

 

Fred

[Fred Bassett]

Just one question and sorry to appear a bit thick - what are the documents I will be attaching? - are these my requests to Cabot for information?

[miss muppet]

Just one question and sorry to appear a bit thick - what are the documents I will be attaching? - are these my requests to Cabot for information?

 

Yes Fred, think I'm right in saying that you won't need to worry about your attachments at this stage only when it gets to witness statement stage and then you will have the really important bits of correspondence titled Exhibit 1 or Exhibit 2.

[miss muppet]

There's probably more recent ones than the attached link but post 116 gives you some idea of what a witness statement should look like:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?245159-series3-v-MBNA-Optima