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

[Desperate Daniella]

Hi barns66,

 

I know I saw some Defence ones but that was probably about two years ago. I've been trying to think whose threads they were on. It was very early days for me and I was looking all over the place for a number of diffferent cards. I'll have another think and looked at my subscribed threads.

 

There will probably be at least two people from Cabot, so I'd definitely take a friend with you for support. The mediator goes between the two rooms and when he's with them you'll probably want to share your thoughts with someone.

 

DD

[barns66]

Hi DD,thank you for your help,i think i will be going alone to the mediation,i do not have anyone that i would like to know about this and could trust not to talk about it afterwards.

I will put my witness statement together over the weekend and send it next week,in the best way i can and just hope it is in the right format.Once again thank you Daniella for your help.

 

barns66

[Desperate Daniella]

Hi barns66,

 

I know exactly what you mean. I have only two friends who know what awful things are going on in my life too. I wouldn't want anyone else to know. CAG had a court buddies list. I can't find it since they changed the site last year, but I'm sure it still exists, and I'm sure you'd be able to trust another CAG member. They'd probably feel just like you do. I'll keep trying to find it, or ask one of the site team where to find it. I really would strongly recommend you have someone to bounce ideas off while you are there. Otherwise the mediator will come back with Cabot's suggestions, and I'm concerned you might feel pressurised into agreeing something which might not be best for you.

 

DDx

[Debtcontrol]

Hi DD,thank you for your help,i think i will be going alone to the mediation,i do not have anyone that i would like to know about this and could trust not to talk about it afterwards.

I will put my witness statement together over the weekend and send it next week,in the best way i can and just hope it is in the right format.Once again thank you Daniella for your help.

 

barns66

 

Hi barns66,

 

I know exactly what you mean. I have only two friends who know what awful things are going on in my life too. I wouldn't want anyone else to know. CAG had a court buddies list. I can't find it since they changed the site last year, but I'm sure it still exists, and I'm sure you'd be able to trust another CAG member. They'd probably feel just like you do. I'll keep trying to find it, or ask one of the site team where to find it. I really would strongly recommend you have someone to bounce ideas off while you are there. Otherwise the mediator will come back with Cabot's suggestions, and I'm concerned you might feel pressurised into agreeing something which might not be best for you.

 

DDx

 

I think its here - http://www.consumeractiongroup.co.uk/buddy.php Best of luck!

DC

[barns66]

Hi DD + Debtcontrol

Thank you for your kinfd help,i will get my witness statement posted,then arrange the mediation meeting wih Cabot/Morgans.

[barns66]

Hi,can i ask a couple of quick questions,i sent my witness statement to Morgans yesterday,i know i left it late.,the court direction where for it to be served by both parties before 4pm on Tuesday the 19th April,i sent it special delivery and Morgans signed for it around 11am on Tuesday.I have never received one from Morgans or Cabot,can they just ignore any court directions they want,as they have been doing so since last August.My other question is do solicitors put the wrong date on correspondence they send on a purpose,because since this started i have received 2 letters from solicitors with the wrong dates on.I got a part 36 offer date with a date 3 years before it was sent.I noticed for the first time yesterday as i prepared my witness statement that on the letter they sent with the a copy of the Amended Particulers of Claim by way of service upon you, that was dated January 2010 and not 2011.i would have thought that a solicitor before sending those letters out.would have spotted such a elementary mistake.

 

barns66

Edited April 19, 2011 by barns66
amending

[Ganymede]

Hi,can i ask a couple of quick questions,i sent my witness statement to Morgans yesterday,i know i left it late.,the court direction where for it to be served by both parties before 4pm on Tuesday the 19th April,i sent it special delivery and Morgans signed for it around 11am on Tuesday.I have never received one from Morgans or Cabot,can they just ignore any court directions they want,as they have been doing so since last August.My other question is do solicitors put the wrong date on correspondence they send on a purpose,because since this started i have received 2 letters from solicitors with the wrong dates on.I got a part 36 offer date with a date 3 years before it was sent.I noticed for the first time yesterday as i prepared my witness statement that on the letter they sent with the a copy of the Amended Particulers of Claim by way of service upon you, that was dated January 2010 and not 2011.i would have thought that a solicitor before sending those letters out.would have spotted such a elementary mistake.

 

barns66

 

 

I wouldn't focus too much on the dates of the cover letters - it's probably down to human errorm Their typist/secretary obviously isn't very good!

[Desperate Daniella]

Hi barns66,

 

Yes, they can get away with it, and they do.

 

In my court case the other side never met one deadline given in the Directions, but even then the judge wouldn't give me a strike out. The court documents say either side can apply for a strike out if the other side doesn't obey the Directions, but do they ever give it? I've never heard of a case yet, unless warnings have been given and even then some of these scuzzy solicitors still get away with it.

 

I'd tend to agree with Ganymede that the wrong date as far as 2010/2011 is concerned is a typo because it was sent in January and it's very easy to write the previous year so early in a new one, but I'm not certain how anyone could write 2007 for 2010, or 2008 for 2011. Could they in fact have made this offer three years ago? I don't mean they actually did, but whether they might be able to say they did on the basis of the letter. Obviously if the account was in order then it's clear that such a letter wouldn't have been sent in any case.

 

DD

[barns66]

Hi,sorry for not keeping this thread up to date,i have not been very well again over the last 3 weeks.I did receive Cabot/Morgans witness statement,i received it through the post on the 21st April,in ordinary brown envelope it was sent in was in a state when i received it,badly torn,sent first classs post.I received all before what they sent except for some more t/c's as well as the ones i had received before.I tried to arrange somewhere to have mediation meeting,g.with it being easter then the May day holidays i could not arrange anything suitable,i believed i was told me at the beginning that Cabot/Morgans would get in touch by letter about suitable dates,they never did and the mediator could not carry on after the 3rd May.When i send my forms back to the court do i include a copy of the witness statement i sent to Morgans.I will not ask any more questions as i am completly lost with this now.Thank you for all your help.

barns66

[Desperate Daniella]

Hi barns66,

 

I'm so sorry you have been unwell. Three weeks is a terribly long time to be feeling unwell and I hope you feel you are on the mend now.

 

Do ask any questions. I'll try to help and the others will too.

 

Why could the mediator not continue after 3rd May? As Cabot offered to mediate I can't see any reason why this shouldn't go ahead, and as I think I have said before I think the very fact that they are agreeable to it shows they'd rather settle out of court. They offered to pay for it and if the mediator can't continue for her own personal reasons you could always find another one.

 

You can lodge your Witness Statement at the Court when you send the papers back.

 

Hang in there.

 

DDx

[the_shadow]

Do ask any questions. I'll try to help and the others will too.

 

Absolutely right DD, were here to help

 

S.

[barns66]

Hi DD,thank you for your advice,shadow thanks for your kind words,i will keep asking quuestions..DD I got the impression the person that the mediator,pulled out because they wanted a date for the mediation and i was waiting to hear from Cabot/Morgans,i thought they where going to tell Cabot/Morgans to write to me with suitable dates for me to arrange a meeting place.Would it be worth while writing to Morgans to see about arranging another mediator.I recived from them in there witness statetment a copy of the same Goldfish application form,copy of at least 2 lots of t/c's stating these where the t/c's provided by Goldfish at the time of the assignment.copies of statements March 2004 to May 2008,it also states in the witness statement that opened the account in 1997.It as had the account number as changed twice from the original account number,i think they have got this from the statements they have sent me,i do not know if it changed in the years from July 1997 when it was opened and March 2004.I received also copy of the notice of assignment.,a readact copy of the Receivables Sale Agreement.I also received what they call Cabot Europe Europe case history ,raw data sheets the first page and half have been blacked out,I tink they have forgot i made SAR and received a cd with this information clear to see and in there in June 2010 they had been informed by Goldfish that no t/c's where available for this account.Thank you for everyones help in this matter.

 

barns66

Edited May 14, 2011 by barns66
adding

[barns66]

Hi,just to bring you up to date on this thread.I received from Morgans last week a copy of there completed Listing Questionnaire ,list of dates together with a claiments estimate of costs,list of dates of unavalibilty.they have paid the listing fee,so i expect it to go to court.I have prepare mine to sent tomorrow,do i just send what i exchanged with them as a witness statement,along with the Listing Questionnaire.I just want to make sure i should not be sending anything else.

 

barns66

[AndyOrch]

Hi Barns

 

I assume you are referring to the N265. List only what you have referred to in your defence / WS and will be relying upon as evidence.

This form is used to exchange documents either party may wish to see/require and exchange is simultaneous as per the dates in your Allocation Notice.

 

Regards

 

Andy

[DonkeyB]

andy... privileges restored! Wow!

[AndyOrch]

:whoo:Thank you Donkey forgot what my Avatar was:-D

[Desperate Daniella]

Hi barns66,

 

Sorry, I think I missed your earlier post somehow.

 

It's certainly worth writing to Morgans about re-arranging the mediation. I think you should raise all the points you have made above about the SAR.

 

I can't think of anything else you need to send to the Court at this time.

 

DD

[Desperate Daniella]

Hi barns,

 

I've just had a look at the original application form. I can't read it all. Under the box for the signature of an additional cardholder, there is a paragraph with several sentences. If you have a moment, can you type up what these say. Also on the application form, is there any reference to anything being overleaf? Sorry if these questions have already been answered.

 

DD

[Desperate Daniella]

barns,

 

Have you read Brassed Off's Cabot thread? I haven't got time to read through it all, but Morgans got totally slammed by the judge. You may find something to help you.

 

Again apologies for not reading it all through for you.

 

DD

[barns66]

Hi Andy,sorry for not getting back to you had problems with computer,this is an amended poc and i sent my standard disclosure documents to Morgans as direct by court.I sent my witness statement to Morgans,i received theres with just the same application form and terms and conditions.We both had to sent the Pre-Trial checklist to the court by today,i was busy last week and forgot to get mine sent untill yesterday the 6th,sent it special deliver,i checked when i got back home today from my sons around 04:45 to make sure it had been delivered.I find that it as not been dekiverd and it says that it is in the system and as been redirected.I notice on the postt office receipt that i must have put the first part on my post code and the second part of the courts,in the first part i pur 62 it should be 60,I am amazed how they could have misdirected it with such a small mistakei receive lots of mail with the wrong post code but right address,it is more amazing the court it was sent to is only 200 yards from the court and they cann see it fromthe sorting office.I willring the court in the morning to see if it as been delivered,i have been on time ith evertything untill this as happened.I am worried now what will happen now.

 

barns66

[Desperate Daniella]

Hi barns66,

 

Don't worry. In a court case I had, the other side failed to meet any of the deadlines (five of them) on the Directions so I made an application to dismiss based on this, as it says you can in the Court documents. Ha-bloody-ha. The courts hardly ever take any notice, or take any action, in cases of people being a few days (or even a month) late. The worst the Courts do is send a letter giving the other side 14 days to comply.

 

DD

[barns66]

Hi barns,

 

I've just had a look at the original application form. I can't read it all. Under the box for the signature of an additional cardholder, there is a paragraph with several sentences. If you have a moment, can you type up what these say. Also on the application form, is there any reference to anything being overleaf? Sorry if these questions have already been answered.

 

DD

 

Hi DD,sorry for not getting back to you,had problem with computer,i can not make out all it says under the additional card holder box,it is headed Notice under the data protection act ,i will try and scan it and make it bigger in the morning.I can not see anything else on the form that relates to any other documents.

 

barns66

[barns66]

Hi DD,thank you for your welcome advice,i will take a look now at the thread you suggest.

 

barns66

Edited June 7, 2011 by barns66
spelling

[Desperate Daniella]

I found it when I was looking for something else. Again, sorry for not reading it all. Hope it helps.

 

DD

[Desperate Daniella]

Hi barns66,

 

I've just had a look at a very similar (earlier) application form.

 

In the signature box it points out (as they all do) that "this is a credit agreement... sign only if you legally want to be bound by its terms.....", and you have signed it. The only terms on it are the things you have agreed to under that Notice under Data Protection Act. This clearly demonstrates that it is only an application form. I haven't read your entire thread again, as I said, but personally I would write to Morgans yet again, tell them that you want to see the AGREEMENT - which as they know must contain the prescribed terms, and if they refuse to provide it you will report them to the judge for withholding it because obviously it must contain unfair terms which they don't want to disclose. Quote the 'four corners of the agreement', not on a separate document, House of Lords' authority, etc., and ask them again if they have such a document bearing your signature.

 

DD