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

[barns66]

Hi DD,thank you very much for all your kind help to me regarding this,i wiill get a letter put together and contact Morgans again.I have asked them before but get nothing more than they have already sent me,I checked the court to see if they received my documents sent on Monday,special delivery and they received them this morning at 08:45.I keep looking through the raw data material they sent me and i can not find anything where they ask Goldfish the agrrement they only ask for the application form.Once again DD thanks a lot.

 

barns66

Edited June 8, 2011 by barns66
spelling

[Desperate Daniella]

I think you should say you wish to receive a copy of the actual signed agreement within seven days or you will report them to the court for withholding the document. Under Court Procedure Rules something or other it states that a party cannot withhold documents which adversely affect their case. I'll look it up for you later so you can quote it to Morgans. Supper, bed and bath for darling daughter happening now.

 

I had some idiot DCA telling me last week that by signing the application form I was signing the agreement, but the application form I signed didn't have any prescribed terms, as far as I can remember, which explains why they don't want me to see it!!! Anyway, that is my argument with several of them at the moment. On another case, nothing to do with this stuff, I did report the other side for failing to produce documents, and they then asked if I would agree to an adjournment...... It's still adjourned.

 

Back in a bit.

 

DD

[Desperate Daniella]

CPR 31.6 (b) (i)

 

Standard Disclosure requires a party to disclose only:

 

a the documents on which he relies and

 

b the documents which

(i) adversely affect his own case;

(ii) adversely affect another party's case;

(iii) support another party's case.

 

So, if they have the agreement which has no prescribed terms they must disclose it, or they must admit they don't have it, and this is in CPUTR 2008:

 

You are obliged under Consumer Protection from Unfair Trading Regulations (CPUTR 2008) to confirm in writing whether or not Goldfish or yourselves currently hold, or have ever held, in their or your possession, a properly executed Consumer Credit Agreement pertaining to myself. If no such document exists you are equally obliged to advise me of the fact.

 

Try that.

 

DD

[barns66]

Hi DD,once again thank you for your advice,i will ask Morgans what they have got.

 

barns66

[Desperate Daniella]

Morning barns66,

 

If you haven't already sent the letter there is brilliant one on gelfling10's Capital One thread. Tingy's post 15. Sorry, I am useless at posting links, so won't try, but you should be able to find it.

 

DD

[barns66]

Good morning DD,I will take a look at the thread you have posted,i have a quick question as the court as set a period that the trial will be held, but no firm date,can i still ask for the documents myself or as it goot to be done through court.Once again thank you veryy much for your help.

 

barns66

[Desperate Daniella]

Hi barns66,

 

Just write to Morgans directly, giving them seven days, and telling them that you will advise the Court that they are refusing to provide them if they don't send them.

 

DD

[barns66]

Hi DD,will get a letter put together and send it direct to Morgans,asking for the documents,Thank you very much.

 

barns66

[ohitsonlyme]

Subbing and following along the same road with cabot/peoples bank

[Desperate Daniella]

Hi barns66,

 

I don't know if what I've suggested will help, but you might as well throw everything at them at this stage.

 

Happy to help, as I've had so much help on this site.

 

DDx

[cups]

Hi

 

Just read that Cabot in the raw data are asking for the app form from the OC, they will say that this is a mistake by the person making the request, that in their world application / agreement are the same, and it is a mistake!!!

 

They told me that in court and got away with it!!

 

Cups

[Desperate Daniella]

That's a very good point, cups. After what happened to you, it's become very clear that they have got to be forced into providing a signed agreement (with prescribed terms) and cannot be allowed to provide an application where you, we, all of us, have agreed only to the terms (like data protection, credit reference searches, etc.) on the bit of paper we have actually signed.

 

DD

Edited June 9, 2011 by Desperate Daniella

[barns66]

Hi,a quick update on this,i have now received a trial date.I am still waiting to hear from Morgans about what DD suggested.

 

I note on the Notice of Trial Date that allowed time for trial is 4 hours,The timetable for for trial may be agreed by parties,subject to the approval of thre trial judge.The claiment shall lodge at the court at least 7 days before the hearing an indexed bundle of documents contained in a ring binder and with each page clearly numbered.

 

A case summary (whuch should not exceed 250 ords) outlining matters still in issue,and referring where appropriate to the relevant documents shall include in the bundle for the assistance of the judge in reading the papers before trial.

 

The parties shall seek to agree the contents of the trial bundle and the case sumary.

 

Ech party must inform the court immediately if the claim is settled whether or not it is then possible to file a draft consent order to give effect to their agreement.

 

I received documents fro Morgans with a there costs last week,i do not understand it it just appears sometimes to be double charging.

 

Is there anything more i should be asking Cabot and Morgans to provide to me,.Thank you for all the help i have received on the forums from everybody.

 

barns66

Edited June 23, 2011 by barns66
adding

[cymruambyth]

Although not requested, I'd prepare your own trial bundle and summary to help the DJ.

[barns66]

Although not requested, I'd prepare your own trial bundle and summary to help the DJ.

 

Hi cymruambyth,thanks you for your welcome suggestion,i will do what you suggest.I will point out the date on the date cCabot send me the letter saying it was assigned to them and the date on the deed of the assignement,might make no difference. but will never know if i do not point it out.Along with other things i think are wrong.Thank you once again.

 

barns66

[barns66]

Hi,can i ask a couple of quick questions as i want to be fully prepared to defend this.Firstlly should i have been notified straight from Goldfish that they had sold the debt on to Cabot,the second question is can i ask Cabot how much they paid for the debt or get them to reveal to the judge how much they paid for it.

 

barns 66

[the_shadow]

Hi,can i ask a couple of quick questions as i want to be fully prepared to defend this.Firstlly should i have been notified straight from Goldfish that they had sold the debt on to Cabot,the second question is can i ask Cabot how much they paid for the debt or get them to reveal to the judge how much they paid for it.

 

barns 66

 

IMO no you should not have been notified by Goldfish, it can come from either imo, the only requirement as I understand s136 of the land property act is that you ARE notified, not by who.

 

Yes you can ask to see the deed title but I dont think it'll help much, they will claim its sensitive and request the judge allows them to redact it and in all honesty he/she will so you wont get to see how much was paid, thats a commercial secret

 

S.

[Hadituptohere]

what you can show the DJ and has helped in a few cases ive seen is the amount of what cabot like to show as sensitive data that they blank out in black marker in what they send you as 'the deed of assingment' if you have a copy...

 

this have been proven to be insufficent in the past...

 

Hadituptohere

[barns66]

Hi ,thank you Shadow and Hadituptohere fpr the information.I have a copy of the assingment with pages blacked out.I see the deed of assingment is dated 30th November 2007,i was not informed untill Aoril 2008 in a letter from Cabot that the debt had been assingned to them.I also know that i paid Goldfish a payment in early 2008.along with letters from Apex wanting to collect the arrears in January 2008 0n behave of Goldfish.Once again thank you for your kind help.

 

barns66

Edited June 24, 2011 by barns66
adding

[Hadituptohere]

very usefull inclued that in your disclosure if you havent already

 

U can disclose further documents upon you discovering their relevance

 

Hadituptohere

[the_shadow]

Hi ,thank you Shadow and Hadituptohere fpr the information.I have a copy of the assingment with pages blacked out.I see the deed of assingment is dated 30th November 2007,i was not informed untill Aoril 2008 in a letter from Cabot that the debt had been assingned to them.I also know that i paid Goldfish a payment in early 2008.along with letters from Apex wanting to collect the arrears in January 2008 0n behave of Goldfish.Once again thank you for your kind help.

 

barns66

 

These companies always weave a tangled web... make sure your clear on your timelines and can produce the documents and add this to your bundle / witness statement in prep.

 

S.

[Hadituptohere]

Great minds shadow, id have added to your rep had it have let me...

 

Hadituptohere

[the_shadow]

Great minds shadow, id have added to your rep had it have let me...

 

Hadituptohere

 

haha no probs... my tank appears full

 

S.

[Satterthwaite]

what you can show the DJ and has helped in a few cases ive seen is the amount of what cabot like to show as sensitive data that they blank out in black marker in what they send you as 'the deed of assingment' if you have a copy...

 

this have been proven to be insufficent in the past...

 

Hadituptohere

 

Hadituptohere,Maybe its me but i did not understand what you mean by this, can you explain what you mean, thanks.I have a similar situation.

[Hadituptohere]

Hi Satterthwaite

 

I read only the other day a thread where Cabot had produced a document which they claim is the Deed of Sale/Purchase, these documents arrive in their bundle and is 8 or 9 pages long But theres 8 and a half pages scrubbed out in black marker, Cabot claim this is case sensitive information and have a right to do this but in the case recently posted the DJ questioned this document and im pretty sure commented how that document proved no ownership. Mine contained my name and address and that they intended to purchase the debt nothing more.

 

Hadituptohere