Cabot/Morgan Solicitors-Court Action (ex Goldfish account)

[cymruambyth]

Have you looked at this sticky by pt http://www.consumeractiongroup.co.uk/forum/showthread.php?131499-Directions-for-N150-or-N149-Allocation-questionnaire , It may answer some of your questions and then come back with specific queries.

It's not worth phoning Morgans.

[barns66]

Have you looked at this sticky by pt http://www.consumeractiongroup.co.uk/forum/showthread.php?131499-Directions-for-N150-or-N149-Allocation-questionnaire , It may answer some of your questions and then come back with specific queries.

It's not worth phoning Morgans.

 

Hi cymruambyth

Thank you for the link and your interest in my case, i will have a good read of it and then if i may come back with some

specfic questions,it might be later tonight or in the morning,i could then get the questionnair sent back to court later tomorrow or first thing Thursday morning.Once again thank you

barns66

[barns66]

Hi cymruambyth

If you do not mind i will put the link to the parts of the Allocation questionnaire and ask what you or anyone else thinks i should do,with the first part where should i put yes or no

 

http://i169.photobucket.com/albums/u...6/court2-2.jpg[/img]

barns66

[stikky62]

Hi Barns66

 

I don't know the answer, I'm just putting another link in to the first part - your link in the last post doesn't seem to be working so I've pinched the one from a few posts earlier. ;-)

 

http://i169.photobucket.com/albums/u230/barns66/court2-2.jpg

[barns66]

Hi,what do i reply in this section

 

HI

http://i169.photobucket.com/albums/u...s66/court3.jpg[/img]

In section B: Location of trial i tick No

Section:C.Pre-action protocols do i tick Yes or No.

Section D:Case Mangement InformationWhat amount of claim is in dispute do i put the full amount.

Applications:Do i tick Yes or No I have applied to them to send me a executed agrrement and all i keep receiving is a copy of a application form,along with with some T/C that i can't make out what they say in most of them and there is no link to them on the application form.They could be from anytime.

Witnesses:I just put my name in there

 

barns66

[stikky62]

In section B, Location of Trial, should you not tick 'yes' so the case can be heard in your local court so you can attend if necessary?

[stikky62]

Section C - Tick Yes

Section D - Full Amount

Applications - I think you tick 'NO' here. I think they mean applications made to the court with regards to proceedings.

 

This is just my opinion, hopefully someone with more knowledge will come along soon and give a more definate answer.

 

Good luck with all this Barns66, from what I've read it would seem you're onto a winner. ;-)

[cymruambyth]

A all no

I am at a disadvantage for reasons shown in section I and respectfully ask the court to grant the draft directions annexed to section f

B no

C no

This case is not covered by any approved pre-action protocols

D no applications

Witness me all the facts in the case

E 1 hour

F yes to proposed directions

not agreed with other parties

G,H blank

I yes, yes

please see attached section I

 

This is how I filled my N150, plus 2 documents whichI can add if necessary

[barns66]

Hi cymruambyth + stikky

I have just received a copy from Mogans of the Allocation questionnaire that they have filled in and i suppose they have sent tomy local court,i can post a copy of it here or i can give you the answers to every part that they have ticked.cymruambyth would the documents you added be useful to me.Thank you again.

barns66

 

barns66

Edited August 10, 2010 by barns66
adding

[cymruambyth]

hi barns I based mine on this one from beaubrummie

In the xxx County Court

Claim Number xxxxxxxx

 

Between

Cabot Financial (UK) Ltd - Claimant

 

and

 

Beaubrummie - Defendant

 

 

 

 

 

Draft Order for Directions

 

 

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.
  
• 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 for the account. This to be compliant with s136 of The Law of Property Act 1925.
  
• 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
  

And then to Section I other Information

In xxxxxxxxCounty Court

Claim Number xxxxxx

 

Between

Cabot Financial (UK) Ltd - Claimant

 

and

 

Beaubrummie - Defendant

 

 

 

N150 Allocation Questionnaire

 

 

 

Section I - other information

 

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

 

The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgment

 

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give

notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and63, section 127(4) precludes the court from making an enforcement order.

 

 

I wish to reserve the right to submit an amended defence should the documents be forthcoming from the claimant, and respectfully submit that there is no case to answer if the submissions are not forthcoming.

 

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

[stikky62]

I wouldn't mind seeing a copy of a filled in allocation questionaire

 

I was wondering, where along the line does the case get transfered to your local court? Is it done automatically or do you have to apply for it at some stage?

[Rhia]

You should request for it to be transferred to your local court. There is a form (of course) not sure which one but ask for it to be transferred and state that you are an individual and cannot afford the time or expense of travelling to the hearing. Whereas the Claimant is one of the biggest debt collectors in the country and has significant resources. Although if it gets struck out it's all irrelevant.

 

Northampton is the bulk clearing centre and creatures like Cabot/Morgans like to use it as they stand a greater chance of winning as most aren't defended there. Move it to your local court and put them to considerable inconvenience for them and greater convenience and fairness for you.

Edited August 10, 2010 by Rhia

[stikky62]

Thanks Rhia

I'll give Northampton a ring tomorrow and see if they can tell me which form it is and when to use it.

[barns66]

Hi cymruambyth,thank you very much for all your help in showing me out to fill the Allocation questionnaire in the I section there are 3 boxa to tick do i leave the one where it asks "do yu intend to make a application in the near future" I have ticked the yes box for the 2 top ones,i have not sent Morgans or Cabot anything only my do i have to attach the defence i sent to them or just the documents that you used,should i now send a copy of the 2 documents to Morgans solicitors havin ticked the yes box "Have you sent these documents to the other party" Sorry for all my questions.

 

barns66

[cymruambyth]

Hi don't worry about all the questions, I have asked them all and more! My advise is based on what i have done and which I hope is right!!

I said yes to sent documents and added the date I was going to sen them; I also copied the aq before signing it. Do not send defence, just the 2 sections modified to fit your situation. Section I, yes, yes and I seem to have left the next part blank!

[barns66]

Hi don't worry about all the questions, I have asked them all and more! My advise is based on what i have done and which I hope is right!!

I said yes to sent documents and added the date I was going to sen them; I also copied the aq before signing it. Do not send defence, just the 2 sections modified to fit your situation. Section I, yes, yes and I seem to have left the next part blank!

 

Hi cymruambyth,thanks for all your help i have now filled most of the form inand will get it posted by registered post either tomorrow or first thing Friday.Once again thak you.

barns66

[barns66]

Hi

I posted my Allocation questionnaire to court,i received a copy of Morgans wednesday.I attached the for draft order direction document and the other information document that cymruambyth kindly posted up.i will send the same 2 to Morgans to let them know on Friday.I received my cd from Cabot today,i have only had a quick skim through it as yet,i found one little thing on it,where they ask someone as a matter as urgency as it is at the litigation stage to search for the t/c for the agrrement at the time of the assignment and the time of the default notice,i note in the reply they got back is that no t./c are avaliable,strange when they say they have sent me the t/c.

barn66

[Rhia]

Make notes of any similar interesting snippets as you will be able to use these against them. The truth of the matter is they sell these debts in bulk and with no supporting paperwork. All that happens is there is a generic sales agreement to buy all and any debts they can and the only individual details will be a group of names, addresses each with the alleged outstanding balance.

 

Armed with just this flimsy info they then proceed to collect and inflated debt. It is only when people such as yourself decided to take them on that they start to look for the agreements t&cs etc. This is Goldfish account isn't it? Then I'll lay money on it there is no agreement. T&Cs and a reconstituted agreement will not suffice in court and you need to press for them to produce the originals or certified copies of the originals for inspection in court.

[Debtcontrol]

Hello, I have also just completed my AQ & Draft Order for Direction. I've uploaded a copy of mine in-case its of any help to anyone. Link below.

Good luck!

http://www.consumeractiongroup.co.uk/forum/showthread.php?273093-Court-case-moved-to-local-court-allocation-questionnaire-rec-d-Please-help!&p=3089050#post3089050

 

 

Hi

I posted my Allocation questionnaire to court,i received a copy of Morgans wednesday.I attached the for draft order direction document and the other information document that cymruambyth kindly posted up.i will send the same 2 to Morgans to let them know on Friday.I received my cd from Cabot today,i have only had a quick skim through it as yet,i found one little thing on it,where they ask someone as a matter as urgency as it is at the litigation stage to search for the t/c for the agrrement at the time of the assignment and the time of the default notice,i note in the reply they got back is that no t./c are avaliable,strange when they say they have sent me the t/c.

barn66

 

Hi don't worry about all the questions, I have asked them all and more! My advise is based on what i have done and which I hope is right!!

I said yes to sent documents and added the date I was going to sen them; I also copied the aq before signing it. Do not send defence, just the 2 sections modified to fit your situation. Section I, yes, yes and I seem to have left the next part blank!

[Hadituptohere]

I see youve had some good advise and that things have progressed, keep at em Barns they aint as tough as they make out to be, keep picking at the mistakes until they crawl back under the stone they came from.

 

Hadituptohere

[barns66]

Hi Hadituptohere

Thanks for all your help,i am now waiting to hear from the court or Cabot/Morgans,i will keep you informed,when i hear from them.I am just looking at another thing i picked up,i am certain they mention RBS bank,but i am not aware that RBS bank ever owned Goldfish.

barns66

Edited August 18, 2010 by barns66
adding

[Hadituptohere]

RBS?? how and where is this mentioned ??? lets have a giggle..

 

Hadituptohere

[barns66]

I will try and find it Hadituptohere,i may be mistaken but i am pretty certain i have seen RBS mentioned somewhere i know the POC says Goldfish Bank.I will come back if and when i find it.

 

barns66

[Rhia]

I was going to raise the issue of Unless Orders as this link http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part23.htm but Post 185 seems to have this covered. I have to say Beau Brummie's presented a very good set of directions for you to follow.

[creditcardmug]

Goldfish/MSDW/Barclays!...thats the order it goes in...RBS nowhere in there