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

[barns66]

That's pretty much it, but we always encourage you to file a defence in good time so they can't try for summary judgment.

 

Really need to wait on a response from then before we go further, I'm afraid.

 

Hi DonkeyB thank you for your kind help again.I will keep the thread up-dated when and if i receive anything from Morgan.If i do not receive anything back by the 4th July i will post on the thread also.

 

barns66

[creditcardmug]

You have 33 days from the date on the claim to file your defence, (assuming you have "acknowledged service")

Aim to do so a couple of days in advance, if you fail to do so the claimant WILL file judgement against you, i am making this clear as much for anyone else reading this thread as for you.

 

To be clear, if you have not had the info you have requested from the claimant in good time to make your defence, the, you must file a embarrassed defence

[barns66]

You have 33 days from the date on the claim to file your defence, (assuming you have "acknowledged service")

Aim to do so a couple of days in advance, if you fail to do so the claimant WILL file judgement against you, i am making this clear as much for anyone else reading this thread as for you.

 

To be clear, if you have not had the info you have requested from the claimant in good time to make your defence, the, you must file a embarrassed defence

 

Thank you credit for the info,i have acknowledged the service.I will see now what Morgans send me i know they received my request.I think i have untill the 4th July to put in my defence.I will put up anything Morgan sends me.

 

barns66

Edited June 20, 2010 by barns66
adding

[barns66]

Hi

I received a reply from Morgans and guess what read letter they send i will post the the other letter about assiginement.I received many pages about asignment,many of them blanked out. Should i be putting in defence yet based on this letter.Thanks for any help in constructing a defence.

 

http://i169.photobucket.com/albums/u230/barns66/april%204/MORGREPLY.jpg[/img

http://i169.photobucket.com/albums/u230/barns66/MORG2.jpg

[/img]

http://i169.photobucket.com/albums/u230/barns66/MORG3.jpg[/img]

 

barn66

Edited June 28, 2010 by barns66
adding

[DonkeyB]

Just as predicted in post 46! That old chestnut... if the account hasn't been terminated, then they need absolute assignment as it comes under CCA 1974 etc. However, I bet they are claiming to have merely the benefits, not the duties...

 

However... they are claiming the account was not terminated and that a DN was not sent. Well, you have the actual DN, You did not comply and the DN stated termination would follow.

 

They have royally blown their own foot off.

[BeauBrummie]

Hi

I received a reply from Morgans and guess whaT read letter they send i will post the the other letter about assiginement

 

http://i169.photobucket.com/albums/u230/barns66/april%204/MORGREPLY.jpg[/img

http://i169.photobucket.com/albums/u230/barns66/MORG2.jpg[/img]

 

barn66

 

 

That is what they have shown to be their statement of case.

 

I suspect they know that the agreement that you have is unenforcable (but they will never admit it).

 

I suspect that that is all they will send you, you will have to submit an embarrassed defence and then after a while they will apply for a Summary Judgment.

 

This gives you time, have you sent them an SAR ? you need to send the OC a similar request to get all the possible information that you can.

 

Cabot will say that they only wish to collect the arrears but - you will need to show the last statement from the OC matches the demand from them which invariably is the full balance.

 

I am going to Court over this issue very shortly having had an appeal granted. The need to keep your paperwork is paramount.

 

For Cabot to initiate proceedings against you they must be the sole owner of the account (Absolute Assignment) which in itself will mean that the agreement has been terminated.

 

If the agreement has been terminated without a DN then like me you will have to show the amount of the claim is not the arrears but is in fact the full balance.

 

If it is common ground that a DN is in existance, does it comply ? if not then that would be an unlawfull termination.

 

There has been a recent case where a District Judge had a cliam from Cabot on the arrears issue thrown out and dismissed - so they are weak on this point and you should try to work on the point.

 

Hope this helps

 

Beau

[Hadituptohere]

I really think theres something in the fact that Cabot dont want us to see the sales agreement (as discussed in other threads and delved into deeply by the Cabot Fan Club), these accounts could all be assigned through foreign companies and we need to find a way of this being disclosed. Ive heard there willing to show the judge but the judge doesnt know if the question isnt raised.

 

Hadituptohere

[barns66]

Hi all thank you to all who have replied since my last post.Would there be anywhere in the paper work that they sent me where i could see if it was a Absolute Assignment or just a assignment.I see looking through the paper work,i note that it contains what i take to be a contract between Goldfish and Cabot Financial (UK) signed 30th November 2007.I then got a letter from Cabot in April 2008 that was supposed to have come from Goldfish informing me.Will a SAR to both companys tell me if it was a Absolute Assignment.

 

barns66

[BeauBrummie]

Hi all thank you to all who have replied since my last post.Would there be anywhere in the paper work that they sent me where i could see if it was a Absolute Assignment or just a assignment.I see looking through the paper work,i note that it contains what i take to be a contract between Goldfish and Cabot Financial (UK) signed 30th November 2007.I then got a letter from Cabot in April 2008 that was supposed to have come from Goldfish informing me.Will a SAR to both companys tell me if it was a Absolute Assignment.

 

barns66

 

You probably will not get anything that says "this is an absolute assigment" although some DCA's do do that, CL Finance for one. So in the absence of the DCA in this case Cabot, telling you that it is absolute you must do your own detective work.

 

By looking into what action the DCA has taken so far, you should be able to work out where they might attack from next.

 

So in your case barns66 :

 

Does the Notice of Assignment say that you must pay only Cabot ?

 

Have Cabot demanded for the full balance of the account ?

 

Most of the time it needs to be assumed that the assignment is "absolute" this is because when the DCA issues a claim through Northampton CCBC they will issue it in their own right (no other joint claimant). Thus the assumption that the assignment is not "Equitable" with another entity joining the claim.

 

You may get information that gives further clues to the type of assignment via an SAR but it will also reveal other information that you will find usefull.

 

Beau

[Hadituptohere]

If they have already issued in court, a SAR would take 40 + 2 days for a reply so a request under CPR would probably be better as to the assignment, which CPR is to be found amongst the site unless someone more in the know can point this out

 

 

Hadituptohere

Edited June 30, 2010 by Hadituptohere

[Hadituptohere]

Towers2 just doing some research I see... Glad we can be of use to you guys in cabot..hope the training's going well LOL

[DonkeyB]

don't have time to look back through - have we considered CPR 18 to request a copy of the deed of assignment or sale agreement? I think you can demand to go and view it at their premises.

[barns66]

 

So in your case barns66 :

 

Does the Notice of Assignment say that you must pay only Cabot ?

 

Have Cabot demanded for the full balance of the account ?

 

Most of the time it needs to be assumed that the assignment is "absolute" this is because when the DCA issues a claim through Northampton CCBC they will issue it in their own right (no other joint claimant). Thus the assumption that the assignment is not "Equitable" with another entity joining the claim.

 

You may get information that gives further clues to the type of assignment via an SAR but it will also reveal other information that you will find usefull.

 

Beau

 

Hi Beau thank you for your help in this matter,i received a Notice of Assignment from Cabot that was supposed to have been sent by Goldfish i never received 1 from them only 1 was from Cabot.it does not contain any account number,just my name and address dated 18th April 2008.It tells me that i have now must direct payments to Cabot Finacial (EUROPE) Limited so i take it that they Absolute Assignment.

 

I did find this among the 48 pages they sent me.

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

 

barns66

[DonkeyB]

Hmmm... very technically, that should be signed by two representatives of each company.

[barns66]

don't have time to look back through - have we considered CPR 18 to request a copy of the deed of assignment or sale agreement? I think you can demand to go and view it at their premises.

 

Hi DonkeyB

Thank you for your help,i think now i will have to start preparing a embarressed defence untill i receive a reply to my SAR.Any help anyone can give me in preparing this would be very welcome.

 

 

barns66

[barns66]

Hmmm... very technically, that should be signed by two representatives of each company.

 

Hi Thank you DonkeyB it is signed i took the the names out,i did not know if i would be doing anything wrong if i left them in.i can post it again with the names in if it's ok to do that.

 

barns66

[DonkeyB]

No need. My point was that such a document should be signed by two people from Cabot as well as two from Goldfish.

[barns66]

No need. My point was that such a document should be signed by two people from Cabot as well as two from Goldfish.

 

Hi,it as been signed by two people from Goldfish and one person from Cabot Financial (UK) Limited.thank you DonkeyB for all the help.

 

barn66

[barns66]

Hi

Thanks for all your help on this matter.Do i send my SAR to Morgans or Cabot,can anyone tell me what the Goldfish address is for SAR,it as belonged to that many banks,i have lost track.I want to get a embarressed defence in by the middle of next week but am stuck on what to put in it,any halp would be much appreciated.

 

barns66

[Hadituptohere]

Hi barns

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

 

This thread says it all really, what Ive been trying to say is the SAR will take to long, If you havent got the documents to complie a defence then you wont be able to offer a suitable defence, CPR is a quicker way of obtaining documentation.

 

Hadituptohere

[barns66]

Hi barns

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

 

This thread says it all really, what Ive been trying to say is the SAR will take to long, If you havent got the documents to complie a defence then you wont be able to offer a suitable defence, CPR is a quicker way of obtaining documentation.

 

Hadituptohere

 

Hi thanks for kinf reply Hadituptohere.i did send a CPR to them and i have posted some of the documents i received on this thread.Thank you once again Hadit for your help.

 

barns66

[Hadituptohere]

Thats cool, but if you havent received all the documents required im sure that it doesnt stop you using CPR again and requesting those documents rather than waiting for the SAR, maybe someone else could confirm this

 

Hadituptohere

[barns66]

Hi thank you Hadituptohere for your suggestions on this matter,i will try to get what i am looking for from them.I will look around the site and see if i can find any more info on what i should do,i am at a loss now what is the best coourse of actioni should take.Once again Hadituptohere thank you.

 

 

barns66

[Hadituptohere]

Sorry if this is confusing but didn t see Beau's post #81 maybe the embarssed defence may be the way to go giving you time to SAR both the DCA and the OC..

 

 

Hadituptohere

[barns66]

Sorry if this is confusing but didn t see Beau's post #81 maybe the embarssed defence may be the way to go giving you time to SAR both the DCA and the OC..

 

 

Hadituptohere

 

Hi Hadituptohere,thanks for all your advice on this.I will look around and try get some idea what to put in my embarressed defence.

 

 

barns66