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

[barns66]

Hi Hadituptohere,thank you for all you help.i will keep looking through the site and try to understand all the legal points that are raised.I am a lost at the moment.Once again thank you.

[barns66]

Hi,can anyone tell me if this of any significance,Cabot + Morgans state that the account the date the account

was purchased was the 11th April 2008 but as shown i received this document from showing a date of 30th

November 2007.Would the account not have been assigned on that date.I do not understand why suddenly

i get a notification about the change of name from Kings Hill (No 1) I have never dealt with them.It as come

to my attention that Kings Hill (No 1) accessed my credit file and amended something there are they allowed to do this

 

 

 

 

 

barns66

Edited March 2, 2011 by barns66
amendinng

[Hadituptohere]

You could say that it all depends on what the rest of the document says barns, they may have produced a document that legally binds them to purchase all bad debt accounts for the year???? this document is unlikley to tie in with your assignment and can be highlighted in your witness statement, kings hill was the name that cabot used seven years ago

 

Hadituptohere

[spamheed]

In my own case Cabot produced as part of their witness statement a document which covered their name change from Kings Hill to Cabot and at the time I wondered why they did this given that my account was way after their name change.

 

IMO it looks like they rely on such a blanket sale type document which does not offer any information on a specific account, in order to "prove" ownership of any accounts bought from whatever OC is involved.

[Gallahad]

In a press release today a high court judge in wales slated MBNA for torturring a defendant with incessant phone calls and wrote off a card balance of over £20,000 because they failed to supply terms and conditions at the time of signing. This at least proves the banks and government have not got control over all the judiciary yet.

G

[barns66]

Hi Hadituptohere,thanks for your reply,it was in the bundle they sent when i sent my CPR request for the assignment ,i will include it my witness statement,along with other documents i find.Once again thank you for your help.I would be lost without it.

 

barns66

Edited March 3, 2011 by barns66
adding

[Hadituptohere]

I also think that spam's hit the nail on the head re blanket sale type document that they try and pass for yours mine and mickey mouse's accounts.

 

Hadituptohere

[barns66]

Hi,thanks everyone that's posted on my thread,with excellent info.Have u to wait untill Cabot/Morgans send me there discloure list, before i can apply to them to see the orginal agreement and not the copies they keep sending.Once again guys thank you for all the help.

 

barns66

Edited March 3, 2011 by barns66
adding

[Hadituptohere]

You need to collect your disclosure together, dont worry it wouldnt be much, have a look through all the documents cabot have sent you over the years..

And yes you need to wait to see what they send then request to view the originals.

 

Hadituptohere

[barns66]

Hi Hadituptohere,thanks you for your help.i have been searching through the raw data they have sent me.I have found a few differences betweenn what they sent to court and me with the amended POC.I have received 2 different lots of t/c's neither very clear to read,on the same data sheets,it clearly shows they had been requesting t/c's for some time,they got a reply there where non avaliable,strange as they had sent me 2 lots.I have not yet spotted a account number they claim is in the same data.Once again thank you.

 

barns66

[barns66]

Hi.i need some advice,i had a phone call this afternoon from lady,she said she wanted to speak to using my name,i asked what she wanted to talk to the person (being me about) she said to talk about a finacial matter,i told her i did not talk on the phone about finacial matters,i asked who she was calling on behalf,she the began to get a bit flusted,i pressed her and asked who she was,she gave me her name and said she was mediator and want to arrange a meetingto discuss this.I can only think it can be Cabot or Morgans that she was acting on behalf.I told her i was busy at the moment and could she give me a number to call her back on tomorrow morning.If it is Cabots/Morgans,should i call her and arrange the meeting to see what it is all about.I know the court papers advice both parties to try and settle this matter.Thank u in advance for any adivice.

 

barns66

[Hadituptohere]

Hopefully someone with more experience on these matters will bob in and give their opinion

 

Hadituptohere

[barns66]

Hi Hadituptohere,thank you for your reply,i wil wait to see if anyone else could advice me.

 

barns66

[cymruambyth]

Has the court ordered or recommended the use of a mediator, if so you will have had to give times of availablity, contact details etc.

Google the contact number given to see if you can find out who has phoned.

Take care about giving any information, it could be a fishing ecercise to find out the strength of your case etc.

[barns66]

Hi Cyrumu,thank you for the advice,it just says on the court papers that before the 15th March that both sides can attempt to settle the dispute,i have put a link on here to the document.i will find it out again and take another look, but no i do not think it mentions mediation.i will google the number,as she seemed flusted when i asked for any details.Ihave found the court papers and it reads " (1)The parties shall by Tuesday,15th March consider whether the claim is capable of being resolved by Alternative Dispute Resolution and (a)if either party considers that the claim is unsuitable for Alternative Dispute Resolution,that party shall,not less than 28 days before the date fixed for the trial,serve on the other party a witness statement giving the reasons upon which that party relies in saying the claim is unsuitable"

It then goes on about what happens then

 

barns66

Edited March 9, 2011 by barns66

[cymruambyth]

I had mediation on a SC case and both parties had to fill in paperwork giving contact details, times available etc. I would be very circumspect about this!

[barns66]

Hi cymrua,i am very suspicious,i have checked to find the number,either i missed a number of the area code she gave me,or she did it on purpose,Morgans have called me before and always explained what they wanted,she seemed very flusted when i asked for details.Will check again in the morning.Once again thanks for your help.

 

barns66

Edited March 10, 2011 by barns66
adding

[barns66]

Hi,i have traced the phone number,it is a Hull number,i have no finacial dealings with any one or any company there.I think i am going to leave calling the number,she was far to evasive when asked for any details.I think that either Cabot or Morgans would have informed me that some one would call me.

 

barns66

[cymruambyth]

Hull is Wescot-land

[barns66]

Hull is Wescot-land

 

Hi cymrua,thanks for the information,i will wait to see if they send me anything,i can not see what for though.It's bit underhand them calling and trying to pass them selfs of arbitrators.If i do get anything from them,i will start a new thread.

 

barns66

 

barn66

[barns66]

Has the court ordered or recommended the use of a mediator, if so you will have had to give times of availablity, contact details etc.

Google the contact number given to see if you can find out who has phoned.

Take care about giving any information, it could be a fishing ecercise to find out the strength of your case etc.

 

Hi,ireceived a letter this morning from the lady that called last week. Mr,********** my name and address.re:Yourself V Caabot Finaacial UK

I am a mediator and have been asked by the National Mediation Helpline to mediate in the above matter which i undersatand is currently in the *************** County Court.

 

The reason for my call to you on 8th March was to ask if you would be prepared to try to settle the dispute through mediation.This involves an informal 'round the table' meeting betwen both parties and myself.My role would be as a neutral referee.There is a fee involved,If agreement is reached then potentially expensive court proceeedings would be halted and the meeting would conclude the matter.I intend to telephone you in a few days to see if you are interested in taking this route and i will answer any queries yu may have.I have sent a copy of this letter to Cabot Finances.

I do not understand if i have to go to mediation,have Cabot alerted the mediator and want to go there,i am ask this as it says she will send Cabot a copy of the letter.I am at a loss what to do and what the coct implications are likely to be.Any help would be appreciated.It looks with the letter ahead she is a genuine mediator.I will post a copy of the letter when i get scanner up and working.

 

barns66

[barns66]

Hi,i have not heard nothing back yet from the mediator or Cabot/Morgans.I will start to prepare my disclosure list.It is a amended POC,could anyone advice me what i should include in this and what documents i should ask for.I think i shoud ask then to make the agrrement and t + c they are relying on,plus the Assignment when it was signed and what type it was.Any advice would be appreciated.

 

barns66

[Desperate Daniella]

Hi,

 

If she is suggesting a mediation meeting then she should advise you of the cost. It's usually based on a percentage of the amount in question.

 

If you are broke, and can prove it, you may qualify for free mediation through LawWorks.

 

You can check this lady out on www.nationalmediationhelpline.com I've just had a look and I cannot see any accredited members in Hull. There may be other mediators who are not members of this organization, but personally I would insist on someone who is accredited here if you want to go to mediation.

 

DD

[barns66]

Hi Daniella,thank you for your advice and link,i have checked on te site and can not find her name on there.her postal address is a village near to Beverley,thas close to to Hull.Once again thank you for your help.I think i will have to prepare my disclosure list,any help advicing me what i should include would be welcome,or do i just diclose what i did before.

 

 

barns66

Edited March 16, 2011 by barns66
amending

[barns66]

Hi,i have heard back from the mediator and been given the costs that would be incured,fee to be paid up front,they are going to get back to me on Monday to see what i want to do,i was told that the claiment is willing to go along with this.I wonder if anyone thats is experinced in the prosses can give me some advice,if it is a good idea before they call again on Monday.I have only had the documents fro the creditor that i have posted on this thread.I know from them that they have not yet found any t + c's for the account as yet..Thank you for any advice in advance.

barns66

barns66