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

[Desperate Daniella]

Here we are. It's the Litigation Privilege Notice. I don't know if it is supposed to go at the start of the thread, but I only found about it halfway through my thread and just posted it there.

 

If it is on the thread somewhere I assume we are covered.

 

 

 

"*Litigation privilegenotice*

 

This thread existsexclusively to assist me in preparing litigation against another party. As such it is almost certainly protectedby litigation privilege

 

The legal requirements forclaiming litigation privilege are well established and are not in dispute. Communications between a solicitor or the client and a third party will be protected by litigation privilege where the communications are forthe dominant purpose of obtaining legal advice in connection with, or conducting, litigation reasonably inprospect : Re: Highgate Traders Limited[1984] BCLC 151.

 

Copyright information: Allinformation contained in this website, associated websites, and forum posts are copyright Reclaim The Right Ltd. If you wish to use the information on this site for publication elsewhere , then please email the site administratorsfor permission"

[barns66]

Here we are. It's the Litigation Privilege Notice. I don't know if it is supposed to go at the start of the thread, but I only found about it halfway through my thread and just posted it there.

 

If it is on the thread somewhere I assume we are covered.

 

 

 

"*Litigation privilegenotice*

 

This thread existsexclusively to assist me in preparing litigation against another party. As such it is almost certainly protectedby litigation privilege

 

The legal requirements forclaiming litigation privilege are well established and are not in dispute. Communications between a solicitor or the client and a third party will be protected by litigation privilege where the communications are forthe dominant purpose of obtaining legal advice in connection with, or conducting, litigation reasonably inprospect : Re: Highgate Traders Limited[1984] BCLC 151.

 

Copyright information: Allinformation contained in this website, associated websites, and forum posts are copyright Reclaim The Right Ltd. If you wish to use the information on this site for publication elsewhere , then please email the site administratorsfor permission"

 

Hi DD.thank you for the copy of the Litigation Privilege Notice,just a couple quick questions,should i just copy and paste it in a a message on this thread and am i alright in doing this,i do not want to get in trouble with the site team.

 

barns66

[the_shadow]

Yes its fine, I'm not totally sure whether it'll cover you but you are welcome to paste it into your thread.

 

If you want it put on the front I can do that for you.

 

S.

[barns66]

Yes its fine, I'm not totally sure whether it'll cover you but you are welcome to paste it into your thread.

 

If you want it put on the front I can do that for you.

 

S.

 

Hi Shadow,thanks for your offer of putting it on the front page for me ,if you could i would be grateful.I undestand what you are saying about how much use it would be but i can not see it doing any harm.

 

barns66

 

bsrns66

[the_shadow]

Done, and in big red bold print

[barns66]

Done, and in big red bold print

 

Hi Shadow.thank you very much.

 

barns66

[Satterthwaite]

DD, thanks for the bit about the date.

[Satterthwaite]

Found this from about a year ago................... David Vant (Debt Purchase Manager, Cabot) is getting in on the whining carousel...This extract taken from an article he has written and published in the public arena.Debtors should understand that the whole credit system relies on them taking on board a moral obligation to repay their debts. Unscrupulous debtors may attempt to avoid repayment on the basis that documents cannot be provided, despite it being quite clear that they have borrowed the money. Hiding behind paper trails in this manner has a detrimental knock-on effect on those borrowers that do repay.

[Satterthwaite]

The part about it affecting other borrowers is rubbish, the banks have written the debt off against tax,Cabot have paid pennies in the pound for benefit of being able to harass us.

Edited July 3, 2011 by Satterthwaite

[cymruambyth]

But unfortunately lots of DJs just lap it up.

[the_shadow]

But unfortunately lots of DJs just lap it up.

 

Their private pensions are possibly linked into these big investment vehicles that invest in debt companies :-/

[cups]

Yes, except Judges pay nothing at all for their pensions, it is non contributory and is not subject to any adjustment, as my MP told me that Judges are in a completely different 'pot' to the rest of the Public Service Pension pot so they are ok and not being reformed!!!!

That is a fact, they are left well alone by the Govt!!

[barns66]

Hi,i received a letter from Morgans yesterday stating,We enclose herewith by way of service upon you Draft Index and Claimants Case Summary for agreement as per order dated ******** 2011,draft index Section A-Pleadings,Order and Notices,Section-B-Witness Statement,Section C-Correspondence then Case Summery

I can post scans if you want to see them,what if anything should i send to court,should i write or call Morgans to agree.

I have not received anything back from them yet regarding asking them to confirm that they have a properly executed agreement,other than a Supplementary Witness Statement.

I have also written to Barclay's to confirm that when i sent a SAR to them ii got a letter as post on this thread that the account number was wrong (this was account number on the first POC ) and there where no accounts for this name or address.

 

barns66

[barns66]

Hi,i have still not heard from Cabot/Morgans or Barclay's.I have a quick queary as i am preparing all my paper work for my trial shortly.I received by way of the deed of assignment Receivables Sales Agreement fom Cabot/Morgans along with the letter from Cabot stating the debt had been assigned to them,this was on Goldfish headed paper and did not contain any account number.My queary is does the Receivables Sales Agreement,suffice as the legal deed of assignment,as it states that this a agreement to buy the debt at some future date.

 

barns66

[Hadituptohere]

It shouldnt be accepted barns and that needs to highlighted in court...

 

Hadituptohere

[barns66]

It shouldnt be accepted barns and that needs to highlighted in court...

 

Hadituptohere

 

H Hadituptohere,thank you for your sound advice once again.I will get all the documents together that i want the judge to clarify for me then send copies to the court and Cabot/Morgans.I am sorry if i seem to post the same questions over and over again,it takes me while to grasp the meaning of the advice i receive from the good people on the site but i am getting on in years and it is the first time i have been to court.

 

barns66

[Satterthwaite]

Barns,can you post up a copy of the DoA or "Receivables Sales Agreement "Thanks

[barns66]

Barns,can you post up a copy of the DoA or "Receivables Sales Agreement "Thanks[/quote

 

Hi Satterthwaite,i received this Receivables Sales Agreement from them i have scanned the first 8 pages and the signed page,i hope the links work,if you want to see any more pages let me know and i will scan and post the here.

 

http://i169.photobucket.com/albums/u230/barns66/AGREE1.jpg

 

http://i169.photobucket.com/albums/u230/barns66/AGREE2.jpg

 

http://i169.photobucket.com/albums/u230/barns66/AGREE2A.jpg

 

http://i169.photobucket.com/albums/u230/barns66/AGREE3.jpg

 

http://i169.photobucket.com/albums/u230/barns66/AGREE4.jpg

 

http://i169.photobucket.com/albums/u230/barns66/AGREE5.jpg

 

http://i169.photobucket.com/albums/u230/barns66/AGREE6.jpg

 

http://i169.photobucket.com/albums/u230/barns66/AGREE7.jpg

 

http://i169.photobucket.com/albums/u230/barns66/AGREE8.jpg

 

http://i169.photobucket.com/albums/u230/barns66/AGREE9.jpg

 

http://i169.photobucket.com/albums/u230/barns66/SIGN-1.jpg

 

 

Thank you for your help.

 

barns66

Edited July 14, 2011 by barns66

[barns66]

Hi.i have received nothing what i wrote and asked for as yet from Cabot/Morgans or Barclaycard.Goldfish.If i receive noting in the post tomorrow,i want to bring to the judges attention for him to read before the trial what i think is wrong with some documents.

(1) Not seen any signed Deed of Assignment,only seen a Receivables Sales Agreement..

(2) Notice of Assignment letter from Cabots omn Goldfish headed paper as no account number on it.

(3) Letter from Barclaycard/Goldfish when i msde a SAR in July 2010 states it is either the wrong account number (used the one Cabot included in the original POC) and there are no accounts for this name or at this address.

(4) A copy of application form with a white sticker stuck in the box where name and address is.

(5) Cabot/Morgans not compling with my request to them for them to confirm or deny they have a properly executed credit card agreement.

I want to highlight a couple of more things to judge to,do i sent a supplementay witness statement with these points include or do i just sent a letter with all the relevent documents included.Thank you in advance for any help regarding this.

 

barns66

Edited July 18, 2011 by barns66
amending

[barns66]

Hi,what form should i send these documents in supplementary witness statement or some other way,trial is a week Wednesday.I can not get anything from Cabot/Morgans or Goldfish/Barclaycard.I don't think they have a proberly excuted agreement but i just feel so low now,i feel like offering them a monthly payment i can afford,would they accept that at his late stage

 

barns66

Edited July 19, 2011 by barns66

[Satterthwaite]

Barns,

 

Don't give up, have a re read of your thread especially the advice given by Donkey B early on about the default notice and how that effects their case.

 

Have you had a witness statement from Morgans?

[barns66]

Barns,

 

Don't give up, have a re read of your thread especially the advice given by Donkey B early on about the default notice and how that effects their case.

 

Have you had a witness statement from Morgans?

 

 

Hi Satterthwaite,thank you for your kind advice again.i have had a witness statement from one employee at Cabot/Morgans and then i sent a letter asking them if Cabot/Morgans or Goldfish had ever had in there had i there possesion a properly executed credit agreement,i got a supplementary Witness statement from another employee of Cabot/Morgans say that they knew all the facts in this case and and was capable of making the statement as the previous person was not avaliable on the trial date as they where appearing in another court.Nothing about the question i wrote about.

 

barns66

[miss muppet]

Ah but would they be up for you cross-examining them in court under the civil procedure rules 33.4 and 33.5 i.e along the lines of whether they were employed in the department that dealt with the processing of this type of agreement at this time? Did the witness see the agreement bearing the defendants signature? If not what records by way of internal audit of check list has he/she examined to be able to verify it would have been signed. You would wish to cross-examine the witness in court on this matter and would seek info with regard to the whereabouts of the records regarding the signing of an agreement. Hope this helps.

[barns66]

Ah but would they be up for you cross-examining them in court under the civil procedure rules 33.4 and 33.5 i.e along the lines of whether they were employed in the department that dealt with the processing of this type of agreement at this time? Did the witness see the agreement bearing the defendants signature? If not what records by way of internal audit of check list has he/she examined to be able to verify it would have been signed. You would wish to cross-examine the witness in court on this matter and would seek info with regard to the whereabouts of the records regarding the signing of an agreement. Hope this helps.

 

Hi Miss,thank you for your kind suggestions about cross examining the witness,i know they have a copy of my application form and they have sent me some t/c's but i have no idea if they are from the time of the agreement.I understand that they are saying that the t/c's where from the time the agreement was assigned to them,I am still trying to get imformation from Goldfish/Barclaycard,i sent them a SAR last July and received the reply posted earlier in the thread post #165.Once again thank you.

 

barns66

Edited July 20, 2011 by barns66
amending

[delilahsahb]

Hi, just wanted to wish you luck, Cabot taking me to court too. Application form as credit agreement with no prescribed terms, no default notice and wrong account number on reconstituted letter of assignment. All the best

 

Delilah