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

[the_shadow]

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

 

Yes it should be noted that most deeds just state something like "all accounts held on data disk number 1" etc rather than list the full account/name details etc... they would need to produce the details from the disk#1 as well.

 

S.

[Satterthwaite]

Thanks, HIUTH & Shadow

[barns66]

very usefull inclued that in your disclosure if you havent already

 

U can disclose further documents upon you discovering their relevance

 

Hadituptohere

 

Hi Hadituptohere,i have sent my disclosure documents to Morgons in April and to the court in my witness statement.

 

barns66

[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.

 

Hi Shadow,thank you very much for your help.i sent my witness statement to court on time,i send disclosure documents to Morgans and court on time,i will put everything i have in my bundle that you suggested i should send to court for the judge to read before the trial.

 

 

barns66

[the_shadow]

Cool best of luck with this.

 

S.

[barns66]

Hi I had a reply from Morgans this morning in reply to my request for a copy of the actual agreement,asking them to confirm whether Goldfish or them selfs currently hold or ever held a properly excuted Consumer Cedit Agreement pertining to myself .If they did not have the documents they where obliged to tell me.

What received was a Supplementary Witness Statement from another Litigation Associate in the employ of Cabot,say in that

(1) I am a Litigation Associate in the employ of Cabot Financial (Europe) Limited ("Cabot Europe"). I have the conduct of this particular account on Cabot Europe's behalf and i am duly authorised by Cabot Finacial (UK) Limited ("Cabot UK")and Caabot Europe to make this Witness Statement on Cabot UK's behalf.The facts which i give in this Witness Statement are from my knowledge of the facts of the matter and from documentation obtained fromm the Assignors of the debt together with information obtained from records held by Cabot Europe relating to the collection procedures adopted in this particular case.

 

(2) This is the second witness statement made in this matter The first Witness statement ("the first statement") was made my **** **** and dated **April 2011 and is duly filed and served. Mr.**** is otherwise engaged in ****** County Court and is unable to attend and give eveidence at the hearing of this claim on ** July 2011.

 

(3 )I have personally investigated the matters raised in this claim having perused all documents produced and satisfied myself of their sources and considered the statements by and on behalf of both parties and confirm i am competent to make this statement.

 

(4) I fully adopt the statements of fact made in thre first statement the being from my knowledge of the matter and from documentation obtained from the Assignors of the debt together with information obtained from the records held by Cabot Europe relating to the collection procedures adopted in this case and i rely on thr said first statement.

 

I believe that the facts stated in this Supplementary Witness Statement are true andi am duly autorised to sign this Statement of Truth.

 

I take it they are going to still rely on the documents i.e application forms and the redacted deed of asssignment signed on the 30th November 2007 more that 4 months before the debt was supposed tio have been assigned to them.

 

barns66

[barns66]

Cool best of luck with this.

 

S.

 

Hi Shadow,thank you once again.

 

barns66

[Gallahad]

So in affect even in their witness statement they cannot confirm that they have a properly executed credit agreement, well there's a surprise.

G

[the_shadow]

What a waste of space that extra witness statement is... offers nothing new just that they back up the original witness statement, well hardly surprising there is it

 

so..yes.. they are relying on the info previously given you

 

S.

[barns66]

So in affect even in their witness statement they cannot confirm that they have a properly executed credit agreement, well there's a surprise.

G

 

Hi Gallhad,it looks very much like they can not confirm that they have a proper executed credit agreement.Thankyou very much for your input to this thread.

 

barns66

[barns66]

What a waste of space that extra witness statement is... offers nothing new just that they back up the original witness statement, well hardly surprising there is it

 

so..yes.. they are relying on the info previously given you

 

S.

 

Shadow,i agree that the extra witness statement is a waste of paper as you say it's not surprising that one is not going to back the other up.Thank you again Shadow for your interest in my thread.

 

barns66

[volvo]

Good Luck, with this Barns

 

Morgans/Cabot can be beaten

 

With you all the way, Recdently beaten them on 2 counts, will post up as soon as costs are finalised

 

VOLVO

[cups]

They probably think if they write something down twice, click their heels together and turn around three times a credit agreement will appear!!

Good Luck

[barns66]

Good Luck, with this Barns

 

Morgans/Cabot can be beaten

 

With you all the way, Recdently beaten them on 2 counts, will post up as soon as costs are finalised

 

VOLVO

 

Hi Volvo,thanks fpr your best wishs.Will be good reading when you can post how they where beaten.

 

barns66

[barns66]

They probably think if they write something down twice, click their heels together and turn around three times a credit agreement will appear!!

Good Luck

 

Hi cups,thanks for your best wishs.I think they do not read what they are asked for.I might sent them some more good reading material and see if they send me a third witness statement thats nothing to do with what i send them.

 

barn66

[Satterthwaite]

Barns,I have actually read all of this thread on and off over the last few months, to save me looking back have Cabot/Morgans produced a default notice? Is there a default by Goldfish on your credit file?Thanks

[barns66]

Barns,I have actually read all of this thread on and off over the last few months, to save me looking back have Cabot/Morgans produced a default notice? Is there a default by Goldfish on your credit file?Thanks

 

Hi Satterthwaite,Cabot have never sent me a default notice as they say that they are not required to,as they are only collecting the arrears and not terminating the agreement.I have SAR cd from Cabot that shows the default notice from Goldfish but i have never been sent a copy of that.I have my own default notice from Goldfish dated 2nd October 2007 giving me 28 days from the date of the letter to rectify the default,I have looked on my credit file and Cabot have a default on there dated 30th or 31st October 2007,i presume that Goldfish must have put it there as Cabot did not own the debt then.I hope that helps and thank you very much for your interest in my thread.

 

barns66

[Satterthwaite]

Hi Satterthwaite,Cabot have never sent me a default notice as they say that they are not required to,as they are only collecting the arrears and not terminating the agreement.I have SAR cd from Cabot that shows the default notice from Goldfish but i have never been sent a copy of that.I have my own default notice from Goldfish dated 2nd October 2007 giving me 28 days from the date of the letter to rectify the default,I have looked on my credit file and Cabot have a default on there dated 30th or 31st October 2007,i presume that Goldfish must have put it there as Cabot did not own the debt then.I hope that helps and thank you very much for your interest in my thread.

 

barns66

 

The reason I ask is i am in a similar situation with Cabot, if there is a default on your file does not that mean the agreement has been terminated?

[barns66]

Hi Sarrerthwaite,thank you for the info.regarding defaults.I hope you have more success with Cabot/Morgans with getting any documents or even sense out of them.I am sure the default notice i received from Goldfish in October 2007 was not in the correct format,this is an amended paticulars of claim,they tried last Augusrt and it was sent back to them for not having enough information in it,I found they do not complie to court dates,it took me from August 2007 to January to receive the new claim,it seems to me all they have done is change the account number on the claim,i still do not know if that was the account number when the account was opened.Good luck to you with Cabot/Morgans.

 

barns66

Edited June 27, 2011 by barns66
amending

[Satterthwaite]

I would love to know if there is a default on your file with Cabots name on it how they can claim it has not been terminated, have a good luck through the raw data if they have sent you any I have mine and it shows on there the update of the default.

[cymruambyth]

Whenever Cabot buy an account they register a default in addition to the one registered by the OC.

[the_shadow]

Whenever Cabot buy an account they register a default in addition to the one registered by the OC.

 

Yep, they did that to me... havent been bothered to check my file for months now but suspect the original creditors default is still on there oh well more in my favour than theirs

 

S.

[Satterthwaite]

What they have done in my case is substitute their name on the original default.

Edited June 28, 2011 by Satterthwaite

[barns66]

I would love to know if there is a default on your file with Cabots name on it how they can claim it has not been terminated, have a good luck through the raw data if they have sent you any I have mine and it shows on there the update of the default.

 

Hi,i have looked through all the raw data sheets they have sent me and i can not any reference

to a default there.

 

I notice on my credit file that Barclays have a file on there that is marked satisfied,with no default recorded.

 

Cabot have a default recorded on there file,using a Cabot credit card number not the original Goldfish number.

 

 

When i asked Cabot/Morgans to supply all the documents they hold on me including original CCA,default notice and termination notice,they replied they did not have to as the account was not terminated

although most most letters i get from them say the account is in default.

 

I am almost certain they where messing with my credit file on equifax on the 31st March 2011

 

I also received from them i think in early February 2010 when they sent me the documents again when asked,they had stuck a white sticker in the box under where the application number is on the right side of the copy of the application form they sent me whene asked for documents again at that time.

now why would they do that.

 

barns66

Edited June 28, 2011 by barns66
amending

[Desperate Daniella]

Hi barns66,

 

You can ask for a copy of your agreement at any time. The account does not have to be terminated, as you can point out to them.

 

DD