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

[Desperate Daniella]

I think you should telephone Morgans first thing tomorrow.

 

DD

[barns66]

I think you should telephone Morgans first thing tomorrow.

 

DD

 

Hi Daniella,i will wait untill the post arrives around 10 in the morning to see if i get anything from Morgans.

 

barns66

[delilahsahb]

Hi Barns, all the best for tomorrow.

 

Delilah

[volvo]

Hi Barns

 

Hope things go well for you

 

VOLVO

[barns66]

Hi Barns, all the best for tomorrow.

 

Delilah

 

Hi Delilah,thanks for your best wishes,i have been at hospital with my wife today and did not get back in time to call Morgans,i was waiting for a reply to a email i sent last Friday but when i looked at the email i sent i put the wrong claims number it everything else was correct but somehow i put 2 ones when there was only one.I sent them another one before i went to hospital with wife,requesting them to try and send me a email before 08:30 in the morning with the information i had asked for.I had received through th post when i returned home i had received a letter from Morgans dated the 22nd July byway of service from them the Claiments Statement of Costs for the hearing.It baffles me how they state on 2 occasions in the attendance column court,i have only ever seen them in court once and thats when they did not comple cwith a court order,it was when they where applying for a application for a time extension,i complied with all court orders and they then have the cheek to charge me nearly £100 for them attending that.I think i am like a lamb going to slaughter as i have no documents yet from Goldfish/Barclaycard apart from the default notive.I will went plenty of luck i think.Thank you Delilah and everyone else on here for your solid support.

 

barns66

[Desperate Daniella]

Hi barns66,

 

I am so sorry your wife is unwell.

 

I know it's terrifying but you mustn't go in like a lamb to the slaughter. Honestly, I do know what it's like, but even if you get in a muddle you must hold your ground on the points we have raised, especially that they won't provide the agreement. I would say that you have reason to believe there were unfair terms in the agreement and that as they are refusing to provide the agreement this has further convinced you that this must be the case, and I would ask the judge to adjourn the hearing and require them to produce the agreement within 14 days. Keep reiterating that the agreement you signed must have had the prescribed terms, and it is this that you have repeatedly asked for and they are flatly refusing to provide it.

 

By the way, if the judge says did you have the money, you must say, "I have never denied having the money, it is the terms under which the money was advanced which is the issue here, and I am entitled to inspect my original agreement.

 

I actually got asked that question, and that was my answer. The judge accepted it, and the other side's solicitor looked stunned.

 

Forgive me for asking, but for speed's sake, is the default notice on the thread?

 

DD

[barns66]

Hu Daniella.I will do as you suggest when i go to court tomorrow,there is a default notice posted on this thread on post #62 i think it is on page 4 of the thread.Once again thank you,if you can not find it i will post it again here

 

 

barns66

Edited July 26, 2011 by barns66

[Desperate Daniella]

Thank you. You need to go back to the advice ccm and DonkeyB were giving you at the time and make sure it's on your list of highlighted points for the judge (if it isn't already!).

[barns66]

Thank you. You need to go back to the advice ccm and DonkeyB were giving you at the time and make sure it's on your list of highlighted points for the judge (if it isn't already!).

 

Hi Daniella,i have tried to highlight on everything i have sent to court and to Cabot/Morgans.I will do th same in the morning and bring it to the judges attention/

 

barns66

[Desperate Daniella]

I will be thinking about you and sending up prayers and positive thoughts. You can do this, but you'll need to be very punchy, and I know that'll be difficult and you must be worried about your wife too.

 

If the judge does decide in their favour, remember that judges don't tend to make people pay more than they can afford, so ask for him/her to wait for an income/expenditure report before deciding on repayment terms.

 

But, you should be able to do this.

 

DDxxx

[AndyOrch]

Could always prepare an I & E anyway Daniella just in case ( save having to make a further request later)

should the worse scenario happen and be it a forthwith (hopefully not Barns)

 

Best of luck tomorrow.

 

Regards

 

Andy

[Desperate Daniella]

By the way, if it looks as though it hangs on the importance of the Default Notice it might be worth asking for a stay until the result of Amex v Brandon because that judgment might have a lot to say about Default Notices. (Dear God, let him win!)

[DonkeyB]

Good luck. Stick to your guns.

[delilahsahb]

Hi Barns, never rains but it pours. Hope all goes well and like Daniella i will be praying that angels are with you and sending you positive thoughts too. Be strong and im sure you will do well. Good Luck Buddy.

 

Delilah

[cymruambyth]

Hi Barns, good luck. Go in positive, do not let them intimidate you. Definitely take an I&E and if the worse happens ask for an instalment order.

[Hadituptohere]

Hi Barns

 

Wishing you well mate, Be strong..

 

Hadituptohere

[miss muppet]

Good luck Barns, will be thinking of you to-day!

[barns66]

Hi,good morning all,thank you all for your good luck messages,i will let you know the outcome as soon as i am back.

 

barns66

[barns66]

Hi,I lost in court to day,i had a feeling that would be the outcome within a few minutes although to be fair to the judge,he tried to help me when i got stuck.he did not let the barrister and the solicitor that where present bully me,he explained everything to me why he had decided in Cabots favour to It seems default notices mean very little and they do not have to provide a deed of assignment.

 

barns66

[AndyOrch]

Sorry to hear that result Barns.What was the judgment installments or forthwith, did you do an I&E ?

Of course they dont have to show the DoA its deemed sensitive and confidential, they must however provide a NoA.

 

Regards

 

Andy

[barns66]

Sorry to hear that result Barns.What was the judgment installments or forthwith, did you do an I&E ?

Of course they dont have to show the DoA its deemed sensitive and confidential, they must however provide a NoA.

 

Regards

 

Andy

 

 

Hi Andy,he told me to try and come to some arrangements with Cabot to pay it of in installments if we could not make application to him and he will make sure that i am left with enough to live comfortable on.I found him very fair as he told the Cabot solicitor it was time they started making the letters they send out much clearer,they turned up with as document today that i had never seen but been asking for,it was dated April 2008.I forgot to put in my last post the documents that Goldfish.Barclaycard was of no relevance to the case and they can provide the t/c from when the account was assigned to Cabot it wax not neccessary for them to provide them from when the account was opened.I awill keep updating the thread as i recall what was said/

 

barns66

[Desperate Daniella]

Hi barns66,

 

I am so sorry.

 

Did you ask for a copy of the judgment? I don't understand how the original terms you agreed to are not relevant. You never signed any agreement with Cabot. This would seem to mean that anyone can come up with anything and the CCA 1974 offers no protection.

 

Again, I am so sorry. You must be feeling rotten.

 

Daniella xxx

[DonkeyB]

I forgot to put in my last post the documents that Goldfish.Barclaycard was of no relevance to the case and they can provide the t/c from when the account was assigned to Cabot it wax not neccessary for them to provide them from when the account was opened.

 

barns66

 

 

Er... I disagree with the judge. If they are relying on Carey v HSBC, it was made very clear that the T&Cs from the time of the opening of the account as well as the most recent were required, together with the exact addresses to which they were issued.

[Desperate Daniella]

Well that's what I thought, but the judge either ignored that, or took what the solicitor/barrister said as gospel.

[barns66]

Er... I disagree with the judge. If they are relying on Carey v HSBC, it was made very clear that the T&Cs from the time of the opening of the account as well as the most recent were required, together with the exact addresses to which they were issued.

 

Hi Donkey the judge brought Carey up and i told him i believed that it did not mean that they could supply the t/c's from the time the account was opened and he said that was not how he andl a lot of judges where reading it and conditions,i would not be sure he said that though.

 

barns66