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

[Hadituptohere]

Hi Cym

 

Im sure that the 'balance of probabilites' is used more so in small claims track, off the top of my head and without reading back I cant remember which track has been allocated.

 

Hadituptohere

[barns66]

Hi.thanks for everyones comments,i will wait and see what the court sends me as Hadituptohere suggests

it baffles me where July 4th comes from,i can not see how they could receive my application form,send me back anything to sign and send me a card to use,in that time.I still can not see where it states on the application form any reference to terms and

and conditions.I think Hadituptohere it's allocated to fast track,i will checlk in the morning.

 

barns66

[Hadituptohere]

it baffles me where July 4th comes from,i can not see how they could receive my application form,send me back anything to sign and send me a card to use,in that time.I still can not see where it states on the application form any reference to terms and

and conditions.

 

barns66

 

That is the meat on the bone, along with the assignment, s69 interest which is a joke and other things which im sure has been raised previously

 

Hadituptohere

[cymruambyth]

Hi Cym

 

Im sure that the 'balance of probabilites' is used more so in small claims track, off the top of my head and without reading back I cant remember which track has been allocated.

 

Hadituptohere

 

Mine was fast track.

[Hadituptohere]

Yours was a very poor judgment Cym where the judge ignored legislation and the law, and left your case wide open to solid ground to appeal.

 

Hadituptohere

[barns66]

Hi Cym + Hadit thanks for your comments,i will wait see what court sends,unless anyone suggests there is another way forward.

 

barns66

[barns66]

Hi,Can anyone tell me when Barclays aquired Gooldfish credit cards

 

barns66

[Michael Browne]

April 2008

[barns66]

Hi Michael,thank you very much for the info.I wanted to know as i have never had a barclays credit card only a Goldfish one

 

barns 66

Edited January 11, 2011 by barns66
spelling

[barns66]

Hi,i have just checked my credit file equifax and it's marked on there that i settled a Barclay Credit card in May 2006,i never had a Barclays Credit card,it's the same last 4 numbers as Morgans have on the court papers they sent me on Saturday and the amount would have been around that amount at the time.i did not settle it.I have learned from the site earlier that Barclays did not take over Goldfish untill 2008.I just wonder who put this marker on equifax,i can not see it could be Barclays as they did not own Goldfish at the time.

 

barns66

Edited January 11, 2011 by barns66
adding

[the_shadow]

Hi,i have just checked my credit file equifax and it's marked on there that i settled a Barclay Credit card in May 2006,i never had a Barclays Credit card,it's the same last 4 numbers as Morgans have on the court papers they sent me on Saturday and the amount would have been around that amount at the time.i did not settle it.I have learned from the site earlier that Barclays did not take over Goldfish untill 2008.I just wonder who put this marker on equifax,i can not see it could be Barclays as they did not own Goldfish at the time.

 

barns66

 

When a debt is sold the responsibility for reporting the debt to the credit reference agencies passes to the new owner, they cant change the date of the default or shouldnt but they should report under there own name and not the original company... hence golfish/msdw will have become barclays

 

S.

[barns66]

Hi,thank you shadow for the info.

 

barns66

[barns66]

Hi,i have still not heard from the court what's going on and what i should do.it is 2 weeks tomorrow since they had to have what court asked for,i presume they did send to court what they sent to me.I was clearing som old files out yesterday and came across these.I do not know if it is of any relevance.I can never remember replying to the one that says the card was suspended,where they got the idea i about the £50 month from suprises me.

http://i169.photobucket.com/albums/u230/barns66/APEX.jpg[/img]

 

http://i169.photobucket.com/albums/u230/barns66/SCAN002.jpg[/img]

 

barns66

Edited January 24, 2011 by barns66
adding

[Hadituptohere]

Hi barns

 

Id ring the court and get up to speed where there at with this one, ask for the case manager and see what they have or dont have

 

Hadituptohere

[barns66]

Hi barns

 

Id ring the court and get up to speed where there at with this one, ask for the case manager and see what they have or dont have

 

Hadituptohere

 

Hi,Hadituptohere,it was 3 weeks before i heard anything from the court after i went last time,i will give them untill the end of the week to see if they send anything,if they do not i will do as you suggest early next week.Once again thanks for all the help and advice you have given me.

 

barns66

[barns66]

Hi,I have received this from court after nearly 6 weeks,after they where orderd to produce certain documents by the court.They had amened the POC and,then i received this from the court.Is it telling me to summit my defence again,before the date given on the forms.

 

 

 

 

 

 

http://i169.photobucket.com/albums/u230/barns66/QUESTION2.jpg

 

http://i169.photobucket.com/albums/u230/barns66/QUESTION3.jpg

 

 

 

baens66

Edited February 27, 2011 by the_shadow
Changed URL tags to IMG to display info on thread

[the_shadow]

Hi,

 

I hope you dont mind, I've changed your URL's to IMG tags to display on the thread, I've only left the AQ's still as URL's.

 

S.

[the_shadow]

Ok, Point 2 is good in that its forcing them to think about resolving the claim outside of the court process, if they dont wish to then they have to serve a witness statement to you 28 days prior to the trial stating why they think it shouldnt be resolved out of court, you then have 14 days to respond, both these statements will be looked at at the end of the trial and if the judge feels they should have settles then costs could be denied... we are talking on a fast track case approx costs of between 5k-10k so not small change.

 

As to the actual orders, its not asked for a new defence just given the timescale of the trial process I'm afraid.

 

Documents list to be exchanged by 5th April

Inspection requests to be complied with before 19th April

Witness statements to be exchanged before c.o.p. 19th April

[barns66]

Hi,

 

I hope you dont mind, I've changed your URL's to IMG tags to display on the thread, I've only left the AQ's still as URL's.

 

S.

 

Hi Shadow,no problem and thank you doing so.

 

barns66

[barns66]

Ok, Point 2 is good in that its forcing them to think about resolving the claim outside of the court process, if they dont wish to then they have to serve a witness statement to you 28 days prior to the trial stating why they think it shouldnt be resolved out of court, you then have 14 days to respond, both these statements will be looked at at the end of the trial and if the judge feels they should have settles then costs could be denied... we are talking on a fast track case approx costs of between 5k-10k so not small change.

 

As to the actual orders, its not asked for a new defence just given the timescale of the trial process I'm afraid.

 

Documents list to be exchanged by 5th April

Inspection requests to be complied with before 19th April

Witness statements to be exchanged before c.o.p. 19th April

 

Hi Shadow,thank you once again,i thougt i had posted up the the documents i received from them.on the Saturday,before they had to produce the documents court orded.It was a amended POC.all the difference is a different account number.i could post it in awhile,if it would help, to see what they have sent.I will do it wheni return back home.

 

barns66

[Hadituptohere]

Hi barns, 3B is a good inclusion on the order, my thread around post 234 I requested to see the original documents and morgans failed, which led to an unless order

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?127059-Hadituptohere-V-Cabot-**-CASE-STRUCK-OUT**COSTS-PAID**/page12

 

Hadituptohere

[barns66]

Hi Hadituptohere,thank for vyour advice.Do i send a request to Morgans to request to see the original agreement,t&c at the time,default notice,notices of assignement from both Cabot & Goldfish.any other documents i thinkof.Once again thank for all your help.

 

barns66

[Hadituptohere]

Hi barns

 

You need to sort out your disclosure list, post 187 onwards in my thread http://www.consumeractiongroup.co.uk/forum/showthread.php?127059-Hadituptohere-V-Cabot-**-CASE-STRUCK-OUT**COSTS-PAID**/page10 might help.

 

Once youve sent and received their disclosure you can request to view the documents they are relying on, like the Consumer Credit Agreement, Default Notice etc

 

Hadituptohere

[barns66]

Hi Hadituptohere,thank you for the link,i am going through it and trying to digest what i require to do.I did sent a CPR 18 request before they amended the POC,i received the same copy of a application form,terms and conditions that i couuld not read in large parts and what they say is the assignment,in the parts that have not been blacked out it appears the agreement to sell the Goldfish account was signed on the 30th November 2007 yet hey state the the account was assigned to them on the 18 th April 2008,would tht not be the date it was assigned to them.I think i might ask them as it is a amended POC to supply all my documents again.I will keep looking through the link.I will try to take what it says in.Once again Hadit thank you for your help.

barns66

Edited March 1, 2011 by barns66
amending

[Hadituptohere]

Hi barns

 

whatever they include in their disclosure you have the right to request to view the original off, likewise with your disclosure for them,.

 

If the agreement is illegible and doesnt comply with CCA74 thyen this can be brought up in your witness statement along with the difference in assignment date, there is also an cpr request you can use for verification of the documents that might be of use for you but cant remember the CPR number, am sure that someone knows and will call it along with if it would be of any use to yourself, its there in my thread if not.

 

Hadituptohere