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


barns66
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You have to laugh at the supposed letter from Goldfish where they give out very poor advice. ''The most important thing for you to do now is get in touch with Cabot''

 

What utter tosh. You did the most important thing and got in touch with CAG not the Cabot Threat Monkeys

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You could adapt this to suit, adding something about legibility,

 

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute .

 

On xx/xx/2007 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

I respectfully request a response to this letter in 14 days

 

 

I trust this out lines the situation

__________________

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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  • 1 year later...

Hi

Just a update regarding this and the latest letter from Cabot.

I have sent the letter in post 5 kindly adviced by creditcard on 2 occasions to them the last one i sent was received by them on 2nd February 2010.I received the letter in link on the 13th February 2010.On the first occasion i wrote to them they sent back the exactcopy of a application form and illegiable terms and conditions that they had sent the first time,the only differance being that in the section 2 part about you and your home although my name and address was in there for some reason they had stuck a plain white sticker in the box.I have also just noticed in the letter they sent me dated 21st April 2008 in what they say is assignment letter from Goldfish,it does not contain any account number.What shoul i do now ignore them or send again the letter in post 5.

 

http://i169.photobucket.com/albums/u230/barns66/cabot66.jpg

 

barns66

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Had the same letter from Cabot before Christmas and then also a letter from Morgans (their in-house litigation dept). Have sent a formal complaint to them and awaiting their response, they supplied a application without any prescribed terms.

 

VOLVO

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  • 1 month later...

Hi

I wonder if anyone can advice me about the 2 letters i received yesterday.

I have been trying from April 2008 to get a copy of my Goldfish agreement from Cabot since,they sent me what they said was the agreement and t/c,what they sent me was a copy of a application form,t/c i can not read what it says on them.They also sent a letter saying that the debt had been assigned to them that was supposed to be from Goldfish but it had no account numbr on it,never received anything from Goldfish.I sent a letter along the lines that credicardmug posted earlier on this thread and i got back the same application form along with the same unreadable t/c.

If the above links earlier in the thread do not work,i can try to post them again.

I received the 2 letters yesterday 1 from Cabot and the other from Morgan solicitors.If anyone can advice me on these i would be grateful.Links below.

barns66

 

http://i169.photobucket.com/albums/u230/barns66/april%204/cabot99.jpg

 

http://i169.photobucket.com/albums/u230/barns66/april%204/Morg.jpg

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Send this to morgan, i sent the same last year, needless to say they didnt comply......i tend to ignore them these days, i certainly wouldnt let cabot worry you.

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

Dear Sir/Madam

 

Your Ref: xxxxxxxxx

 

I refer to your letter of xxxxxxxxxxxx

You have failed to provide sufficient detail in order for me to investigate this matter, and provide a response.

Please send me a copy of the Practice Direction to which you refer in your letter.

In addition, I also require,

1. A true copy of the executed consumer credit agreement (an application form itself not containing the prescribed terms, as has been previously supplied by your client, will not suffice)

2. Copies of the notices of assignment from both the original creditor, and your client together with proofs of service of the same

3. A full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of this letter.

 

Once all of this material has been supplied, I will be in a position to respond.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Yours Sincerely

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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  • 1 month later...

Hi

Quick up date,i sent the letter creditcard posted here and i received the letter in the links below,along with some 24 reprinted statements from Goldfish and a Cabot stement of account for period 18/04/2008 to 30/04/2010 the 11 pages of the Practice Direction - Pre-action Conduct and the same application form t/c that i still can't make patys of it out and letter they say came from Goldfish to say they assigned it to Cabot,never rceived one from Goldfish and there is no account number on it.I wonder if anyone can advice me if they have supplied me all that i asked for.

 

http://i169.photobucket.com/albums/u230/barns66/MOG1.jpg

http://i169.photobucket.com/albums/u230/barns66/MOG3.jpg

http://i169.photobucket.com/albums/u230/barns66/MOG2.jpg

barns66

Edited by barns66
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  • 1 month later...

Hi

I have been sending letters and to Cabot and Morgan solicitors about a Goldfish credit credit card after they send me a letter about the practice directions they would reay on if they took me to court.I did receive some statements and a copy of what they said was the letter of assignment from Goldfish,along with a copy of a application form and what they say are the t/c from when i took the card out.I have posted somewhere else on the site about this but do not know how to link the 2.i have posted the links from my other thread.I have waited around 6 weeks for them to send me everything they had,they did send me some more statements and a Cabot statement of account but nothing else.I then got claim form from Northampton county court ths morning 14th June issue date 9th June.What shouls i have received from Cabot or Morgan.I have looked at the statements and find penalty chargers on them,can i still claim these back.What do i do to Acknowledge the service.

 

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

[/img]

http://i169.photobucket.com/albums/u...66/cabot66.jpg

http://i169.photobucket.com/albums/u...04/cabot99.jpg

 

http://i169.photobucket.com/albums/u...l%204/Morg.jpg

 

http://i169.photobucket.com/albums/u...rns66/MOG1.jpg

http://i169.photobucket.com/albums/u...rns66/MOG3.jpg

http://i169.photobucket.com/albums/u...rns66/MOG2.jpg

Thank you for any help you can give me.

barns66

Edited by barns66
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Hi

Can anyone point me in the right direction on what i should ask Morgans for.I want to acknowledge having received the court order,wher do i do this and what should i put.Thanks for any help anyone can give me.I have lookedaround the site and i get confused.

 

barns66

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Hi there,

 

Right you need to acknowledge the service and select that you wish to 'DEFEND ALL'. Print off the receipt to show you have acknowledged then send a CPR 31.14 off to the claimant on the court paper.

 

Log on to moneyclaim online and follow the instructions, the case number will be on the top right of your court paper and the password will be at the bottom on the right ;)

 

If you need an example I can post one up for you. (CPR letter)

 

Kindest wishes

 

Wish me well

 

p.s. in total from the date on the court papers you get 33 days, 5 days for service, 14 days to acknowledge and 14 days to submit your defence.

Edited by wish me well
adding where they need to acknowledge
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Hi there,

 

Right you need to acknowledge the service and select that you wish to 'DEFEND ALL'. Print off the receipt to show you have acknowledged then send a CPR 31.14 off to the claimant on the court paper.

 

Log on to moneyclaim online and follow the instructions, the case number will be on the top right of your court paper and the password will be at the bottom on the right ;)

 

If you need an example I can post one up for you. (CPR letter)

 

Kindest wishes

 

Wish me well

 

p.s. in total from the date on the court papers you get 33 days, 5 days for service, 14 days to acknowledge and 14 days to submit your defence.

 

Hi Wish Me Well

Thank you for your reply,i will acknowledge the service,if you could post up a example of the CPR letter to send i would be grateful.Thank you

 

barns66

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where is the default notice? have you received one?

 

The POC doesnt mention one and this is required before court action can commence, sections 87/88 of the CCA 1974

 

Hi,can not remember having received a default notice.I will have a look in my paperwork for one.Thanks for your help.

 

barns66

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Your address

Date

Their address

Dear Sir/Madam,

 

Re: xxxxxxclaimant v xxxxxxDefendant Case No:Your Reference:

Original Acc No:

 

CPR 31.14 Request and Important information disclosed for the benefit of this case

 

On xxxxxxdate 2010 I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents which should have been attached to your Particulars of Claim according to CPR PD 16 paragraph 7.3,: Furthermore, I, the Defendant seeks the same pursuant to CPR 18.

 

(1) The agreement.

You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 paragraph 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

(2) The default notice.

 

I require the default notice which should have been served under Section 87 of the Consumer Credit Act 1974 to enables you take further steps to recover any alleged debt.

 

(3) The Legal Assignment

 

 

You will appreciate that I require proof of a legal assignment of this account which has complied with The Law of Property Act 1925.

 

(4) Proof of the amount claimed

 

I require you to provide proof that any amount claimed by you client is lawfully owed and not based on the fiction that unlawful defaults and interest added onto an account constitute a balance owed by me.

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this

case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any versions to include an obligation to recover and preserve such versions which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

This letter has been sent by recorded delivery ensure compliance within the timescale given. I look forward to hearing from you.

 

yours faithfully

 

:)

 

To copy this, highlight the letter, right click, select translate with live search. A new window will open with the letter then copy and paste to word. this stops all of the extras that get added through the software on this site

Edited by wish me well
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where is the default notice? have you received one?

 

The POC doesnt mention one and this is required before court action can commence, sections 87/88 of the CCA 1974

 

Strictly speaking this is not necessarily the case...

 

I can guarantee Cabot will state they are only claiming arrears.

 

What you need to check is if you did receive a default notice from Goldfish, and whether the account was terminated.

 

Look on the forum for all the other Cabot cases in which this scenario is unfolding - it's their new modus operandum.

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Strictly speaking this is not necessarily the case...

 

I can guarantee Cabot will state they are only claiming arrears.

 

What you need to check is if you did receive a default notice from Goldfish, and whether the account was terminated.

 

Look on the forum for all the other Cabot cases in which this scenario is unfolding - it's their new modus operandum.

 

WOW, thanks DB, I will read up on that myself just incase I get any like that :eek:

 

So barns66 needs to double and triple check exactly what they are claiming back ;)

 

kindest wishes

 

WMW :)

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Cabot are becoming particularly slimy in their operations at the moment. They are wriggling like eels to claim they do not have the burdens of agreements, only the rights. We need to stop them in their tracks with this totally invalid (IMHO) tactic.

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Strictly speaking this is not necessarily the case...

 

I can guarantee Cabot will state they are only claiming arrears.

 

What you need to check is if you did receive a default notice from Goldfish, and whether the account was terminated.

 

Look on the forum for all the other Cabot cases in which this scenario is unfolding - it's their new modus operandum.

 

Hi Donkeyb

Thank you for your reply,i will look around the cabot threads,i can't remember having received a default notice or a account termination notice.Do i still send the cpr letter to Morgans.I have acknowledge the serving from the court.

 

barns66

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Your address

Date

Their address

Dear Sir/Madam,

 

Re: xxxxxxclaimant v xxxxxxDefendant Case No:Your Reference:

Original Acc No:

 

CPR 31.14 Request and Important information disclosed for the benefit of this case

 

On xxxxxxdate 2010 I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents which should have been attached to your Particulars of Claim according to CPR PD 16 paragraph 7.3,: Furthermore, I, the Defendant seeks the same pursuant to CPR 18.

 

(1) The agreement.

You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 paragraph 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

(2) The default notice.

 

I require the default notice which should have been served under Section 87 of the Consumer Credit Act 1974 to enables you take further steps to recover any alleged debt.

 

(3) The Legal Assignment

 

 

You will appreciate that I require proof of a legal assignment of this account which has complied with The Law of Property Act 1925.

 

(4) Proof of the amount claimed

 

I require you to provide proof that any amount claimed by you client is lawfully owed and not based on the fiction that unlawful defaults and interest added onto an account constitute a balance owed by me.

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this

case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any versions to include an obligation to recover and preserve such versions which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

This letter has been sent by recorded delivery ensure compliance within the timescale given. I look forward to hearing from you.

 

yours faithfully

 

:)

 

To copy this, highlight the letter, right click, select translate with live search. A new window will open with the letter then copy and paste to word. this stops all of the extras that get added through the software on this site

 

Hi wish me well

Thank you for the letter,do you still think i should send it,i have acknowledge the service from the court.

 

barns66

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Hi Barns-maybe a good idea to merge your thread so it gives the background info.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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