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

[barns66]

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

 

Hi Delilhsahb.Thank you for your support,i wish you luck to.I got a letter of assignment from Cabot on Goldfish headed paper that contained no account number at all.

 

barns66

[delilahsahb]

Im lucky, i have a lawyer dealing with mine but its still a stressful and worrying situation to find yourself in. At least we get great support and advise here and realise we are not alone. I hope you get on great and do well with this and just remember when youre there that you have the support of everyone here to boost your confidence. Good Luck.

 

Delilah

[barns66]

Im lucky, i have a lawyer dealing with mine but its still a stressful and worrying situation to find yourself in. At least we get great support and advise here and realise we are not alone. I hope you get on great and do well with this and just remember when youre there that you have the support of everyone here to boost your confidence. Good Luck.

 

Hi delilahsahb,thanks once again for your support.I know that this would have driven me mad and i would have given up a long time ago without the great advice and suport i have received on here.Good luck to you to.

 

barns66

[barns66]

Hi,i received just before lunch a package from Morgans that contained 2 ring binders and a letter say We enclose herewith by way of service upon you Trial Bundle for the hearing ** July 2011.

I have had a look through it and it seems most of it is the same as i have had before,except for 3 copy letters from the mediator and the last 2 letters i sent to them about having a properly excuted agreement.I see they do not comment abou the documents i received from Goldfish/Barclaycard stating that no accounts could be found for the name or the address given.I also included in my last letter which i never received a reply a copy of 2 copies of application forms they have sent to ask them why they had stuck a white sticker on one where it says about your home and is clearly marked application form.I also note that they have never sent me a default notice the i only have a copy it seems of the one i sent to them,although they have a default on my credit file.on the raw data sheets they have still got the first one and a half pages blacked out.

 

barns66

[miss muppet]

Barns, its looking good to me, Optima Legal (MBNA) took me to court attempting an SJ about 2 years ago, they didn't even have an application form, they lost and I was able to point out to the Judge that the default notice was invalid as well due to citing clause whatever as there was no such clause (due to there being no agreement) they supplied me with a default notice which didn't tally with mine being one day out making it within the time frame. Judge awarded costs of £200 and ordered another witness statement from both of us, thats where I put the foregoing bit of advice and it seems it worked coz they discontinued!

 

Looks like you are doing very well and as long as you get a decent Judge, I see no reason why you won't come away smiling!

[cups]

Hi

 

They will tell you they put the App form sticker on agreements, maybe ask for a copy of a sticker that says 'agreement' on it???

 

Cups

[barns66]

Hi Miss,thank you for your continuing support.I just can not see how they can keep carrying on with this.it baffles me how they can just ignore the default notice,the letter i received from Barclaycard last July stating clearly that they could find no accounts for this address and the name.I am still waiting a reply from Barclaycard to another SAR i sent them earlier this month.plus there was no account number on the assignment letter that came from Cabot on Goldfish headed letter.

 

barns66

[barns66]

Hi

 

They will tell you they put the App form sticker on agreements, maybe ask for a copy of a sticker that says 'agreement' on it???

 

Hi Cups,they have made no comment on the letter i sent about the sticker on the application,i will ask them to comment and show me a copy of sticker thats says agreement on it.I have half a mind to give Morgans a call tomorrow and ask them to send me one before i go to court see what the reaction will be.

 

barns66

[delilahsahb]

Hi again Barns, it sounds pretty good to me so far so long as you get a decent judge. Mines is pretty similar, my lawyer (on legal aid by the way, aint rich or wouldnt be in this situation) has got the backing of our local trading standards. I will have a look at her last letter to Cabots Solicitors and see if there are any pointers on it for you that you might not have picked up on and will post again in the morning. Im in Scotland though and i know that the Law of Property Act doesnt apply where i am but there is a Scottish equivalent, apart from that i think as far as CCA Act and default notices are concerned its the same. Cabot are also on my credit file defaulting me when no notice has been given and they admitted to my lawyer that they didnt need to send one??? Oh!!! is that the bit where they say we are claiming the arrears only??? If thats the case then why do they have it on my credit file??? I also got a letter from barclaycard when i CCA'd Cabot but they claimed the amount owed was £800 less than Cabot stated and said i should be paying them but never received any statements from Cabot or Barclaycard, so assignment issues arise again? What a tangled web lovely Cabot weave isnt it?

[barns66]

Hi again Barns, it sounds pretty good to me so far so long as you get a decent judge. Mines is pretty similar, my lawyer (on legal aid by the way, aint rich or wouldnt be in this situation) has got the backing of our local trading standards. I will have a look at her last letter to Cabots Solicitors and see if there are any pointers on it for you that you might not have picked up on and will post again in the morning. Im in Scotland though and i know that the Law of Property Act doesnt apply where i am but there is a Scottish equivalent, apart from that i think as far as CCA Act and default notices are concerned its the same. Cabot are also on my credit file defaulting me when no notice has been given and they admitted to my lawyer that they didnt need to send one??? Oh!!! is that the bit where they say we are claiming the arrears only??? If thats the case then why do they have it on my credit file??? I also got a letter from barclaycard when i CCA'd Cabot but they claimed the amount owed was £800 less than Cabot stated and said i should be paying them but never received any statements from Cabot or Barclaycard, so assignment issues arise again? What a tangled web lovely Cabot weave isnt it?

 

Hi Delilah.thank you for posting,i have the same problems with Cabot regarding only collecting the arrears only.I never received a default notice from Cabot/Morgans but they have a copy of the one that Goldfish sent me in October 2007,i think thats the one on my credit file,i know they can't put another one themself's on there.I never received a copy of the actual deed of assignment,only got a agreement for them to buy some debts from Goldfish/Barclaycard at some time in the future and that was dated 30th November 2007,almost 5 months before the letter of assignment i got from them dated 18th April 2008.I do not know if it is a absolute assignment or s equitable one.I wonder if anyone can advice me if it would be a good idea to email Morgans and ask them.If you do core across the from your solicitors,i would be interested if thee was anything in there i could use against them.Once again thank you.

 

barns66

[delilahsahb]

Hi, this is what Cabots solicitors have sent mine, they are saying that they have copies of scanned documents and even they "want to check precisely what these documents are prior to lodging them in court". God only knows what that means. My solicitor replied with the following: 1. A copy of the regulated agreement will require to be lodged at court. 2. A notice of default and notice of termination we consider are NECESSARY. Our client did not receive intimation of either of these. 3. With regard to the prescribed terms, our clients point is that the original agreement which she signed did not contain all of these and therefore the agreement itself is unenforceable. We will therefore require sight of what documentation our client signed with Argos and Barclaycard originally and whether this documentation included the prescribed terms and conditions. 4. Your clients were not the original creditors. As we indicated in our letter of xx May, the account number for the barclaycard debt differs on the original agreement and on the clients letter of XX Nov. Our clients view is therefore that the debt was not properly assigned to your clients.

 

What from i can read into this is that Cabot have even sent there own solicitor scanned copies and not originals which i think would be required for court action so make sure that you press on the original factor in court containing all prescribed terms and conditions. I think my lawyer is pushing on the default due to they shouldnt pursue court action without this and personally, i dont see how Cabot can get round it by using the "its only arrears we are collecting" when they have filed default with credit reference agencies. Again with the assignment, i think they might be able to rectify by sending a new letter of assignment out but how can they have been issuing default through a CRA and charging interest prior to the correct notice of assignment if they had mucked up the 1st one. In my mind the fact that they have been reporting to CRA's and charging interest when no correct notice of assignment has been given would be at least libel/slander or fraud but thats my mind and i aint run that one passed my solicitor yet coz she on holiday til 1st.

 

All very confusing but i hope ive helped you in some way. I sort of wish mine was before yours so i could let you know what happened but i will be watching and waiting on news of yours with bated breath. Good luck amigo!!

[Desperate Daniella]

Hi barns66,

 

Sorry, I've not been around for a few days, but it looks like you have been getting good advice and I think delilahsahb's post above could be really helpful to you.

 

DDx

[delilahsahb]

Hi again, i should have stated that they might come up with reconstituted copies of documents but i would ask why they are reconstituted and ask where the originals are. Make sure that the DJ knows thats its a pre 2007 debt so he applies the correct parts of the Consumer Credit Act. Always try and anticipitate their questions ie if they say they are only claiming arrears and no need for a default notice then ask why they have been reporting default on credit files if they havent complied with the law and notified you of the said default. Cabot will try to twist in their favour but its very difficult to twist whats in black and white and they cant or shouldnt be allowed to have it both ways.

[barns66]

Hi barns66,

 

Sorry, I've not been around for a few days, but it looks like you have been getting good advice and I think delilahsahb's post above could be really helpful to you.

 

DDx

 

Hi Daniella,thank you for your support.I sent email addressed to the file handler at Morgans solicitors today.pointing out that i will be wanting before the trial starts to see the proper executed documents including the deed of assignment and not the offer to buy documents.

 

barns66

[barns66]

Hi again, i should have stated that they might come up with reconstituted copies of documents but i would ask why they are reconstituted and ask where the originals are. Make sure that the DJ knows thats its a pre 2007 debt so he applies the correct parts of the Consumer Credit Act. Always try and anticipitate their questions ie if they say they are only claiming arrears and no need for a default notice then ask why they have been reporting default on credit files if they havent complied with the law and notified you of the said default. Cabot will try to twist in their favour but its very difficult to twist whats in black and white and they cant or shouldnt be allowed to have it both ways.

 

Hi delilah.thank you for all the info and advice.I have sent a email this afternoon to the file handler at Morgans asking for certain documents to be provided to me before the trial,including the actual deed of assignment.I do not think i will hear back from them though.I will make sure that i make the judge aware that it's a pre 2007 agreement.I am still waiting to hear from Barclaycard,to see if they can confirm what they stated in the letter last July,it is odd that Cabot can get documents from them but they can't find any accounts for me.

 

barns66

Edited July 22, 2011 by barns66
adding

[Desperate Daniella]

Good luck with this, barns66.

 

I actually managed to stop a case going to court last year because I phoned the court (who were very nice) one week before and said that the other side were refusing to provide documents and they told me I should write to the judge explaining this and saying I was unable to prepare properly for the hearing because of it. I sent in copies of all the correspondence showing that they were flatly refusing to supply documents, and stated that I wanted to postpone the hearing. After I had done that I informed the other side's solicitor that I had done so, and he was furious, but I said if he didn't agree to the postponement I would make a formal application to the court to order them to disclose the documents. We postponed. You may want to go to court and get it over with, but in my case it was definitely the right move.

 

DD

[barns66]

Good luck with this, barns66.

 

I actually managed to stop a case going to court last year because I phoned the court (who were very nice) one week before and said that the other side were refusing to provide documents and they told me I should write to the judge explaining this and saying I was unable to prepare properly for the hearing because of it. I sent in copies of all the correspondence showing that they were flatly refusing to supply documents, and stated that I wanted to postpone the hearing. After I had done that I informed the other side's solicitor that I had done so, and he was furious, but I said if he didn't agree to the postponement I would make a formal application to the court to order them to disclose the documents. We postponed. You may want to go to court and get it over with, but in my case it was definitely the right move.

 

Hi DD,thank you for the info,i think it might be to late to postpone my trial now as it is next Wednesday.I will give Morgans a call after lunch on Monday if i do not hear from them at all.I think they do as they want anyway and get away with it.Once again thank you. DD.

 

barns66

[Desperate Daniella]

I've twice stopped the trial the day before though both sides must inform the court. See what Morgans say on Monday. Tell them you are going to make an application for a stay as they haven't provided the documents (if you want to, of course.)

 

DDx

[barns66]

I've twice stopped the trial the day before though both sides must inform the court. See what Morgans say on Monday. Tell them you are going to make an application for a stay as they haven't provided the documents (if you want to, of course.)

DDx

 

Hi DD,i will see if Morgans come up with anything on Monday.

 

barns66

[barns66]

Hi,just a quick update,i received a letter from Morgans this morning,in reply to a letter i sent them dated 8th July 2011.I pointed out to them that i could not see anywhere in the supplementary witness statement they sent in reply to my request i sent in a letter dated 20th June for them to confirm in writing within 7 days that Goldfish or yourselves currently hold or have ever held,in their or your possession a properly execute Consumer Credit Agreement pertaining to myself.

I asked in the letter i sent dated the 8th July 2011,i noted that i find on my credit files a default and i had never received any default notice from them.

I also told them i would like to take a look at papers i found in my possession i received this being a copy of a application form with a white sticker in the box under about your home,i sent a copy of one without the sticker and one with the sticker for as a example.

I also wrote that i enclose a copy of the SAR that i sent to Goldfish and the reply from Barclaycard in which they state (1) the account number is not valid (2)There are no accounts for the named customer at the address provided .I informed them that i had written to Barclaycard again to confirm this or to provide me with all all the documents that exist.

It appears they are saying that i did not include the copies of documents for the SAR and Barclaycard's reply,i am almost certain that i did include the documents, i know the letter would not go through the slot they use at the post office and it cost me extra to send it.They will now know what i am talking about as i put the exhibit numbers in the email i send yesterday afternoon.I note in this letter they do not mention the application form i got with th sticker.I just makes me wonder if this is a letter they rushed out late yesterday in reaction to my email.

 

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

 

barns66

Edited July 23, 2011 by barns66

[delilahsahb]

HI, it sounds like it to me. Did you get proof of postage when you sent this to them?

[barns66]

HI, it sounds like it to me. Did you get proof of postage when you sent this to them?

 

Hi delilah.i did get prof of posting as i sent it recorded delivery.I could not be for certain that i included the documents they say they did not receive but i am sure that i did.I think they would know what the documents where as they have a copy of them sent by me before in the trial bundle they sent to me.

 

barns66

[delilahsahb]

Hi again, in that case i would email with the following:

Thank you for your email, the contents of which have been noted.

I am surprised that you say you have not received a copy of the SAR that i received back from Goldfish as this information was sent recorded delivery and was signed for at your office at (time) on (date). For ease of reference i have scanned and uploaded this information for you in conjunction with this email. As i intend to use this information as part of my defence, i will present proof of postage, with electronic proof of delivery to the court and copies of your email and mine to show that you have indeed received this information for your perusal prior to our court date.

 

I would print of their last email and the ones you have sent and i would produce evidence by way of proof of postage and electronic proof of delivery to the court if you should need it. They are chancing their arm in saying they have not received it, im pretty sure you would not have forgotten to enclose it. What theyre saying is they dont want to acknowledge it as its a vital part of your defence so they will say they havent received it, as long as you can show the court that you have proof of postage and resent by email, im sure you will be ok.

 

Delilah

[barns66]

Hi Delilah,i was guessing they replied by post to the email i sent them on Friday lunch time,as i they had not replied to the letter i sent dated the 8th July,i will wait and see if i get any reaction from them on Monday to the email sent Friday,i will then print the email out and put it with my other documents for court.Once again thank you for your advice.

 

barns66

[barns66]

Hi.just to keep you up to date,no reply from Morgans to the email i sent on Friday and nothing yet from Barclaycard.

 

 

 

barns66