From Monument to.......Cabot

[cymruambyth]

Thanks Rhia, I have been following that thread.

This is the POC

The Claimant is part of the Cabot Financial Group and has purchased the debt(s) scheduled below. Despite requests for payment th Defendant has failed to pay the sum of xxxx in relation to the Defendant's Monument Credit Card account number xxxxx, Andthe Claimant claims the sum of xxxxx together with interest under section 69 of the County Courts Act 1984, and costs.'

Claimant is shown as Cabot Financial UK Ltd.

All they have supplied is a short application form, the DN is wrong, there are charges in the DN and they have added over 1k in interest.

Does anyonone have any comments on my N150 please?

[Nottsdave]

bump

[cymruambyth]

Thank you Dave. Any comments etc please?

[cymruambyth]

Trying to complete my N150. I have based it totally on the one used by BeauBrummie.

A 1) Do I say no to settlement

2) no

3)no?

4) Despite requests under cpr 31.14 & 16, they have failed to supply documentation

B no

C Yes

D Applications, could I go for SJ as application form and faulty DN

Witness me, no experts

Which is best track, Cabots interest puts it over 5k

E Hearing 1 hr

F Directions, yes; not agreed with others

G Do I enter anything

H N/A

I Yes

Section F Draft Directions with a little addition ref Deed of Assignment

 

 

In the xxx County Court

 

 

 

Claim Number xxxxxxxx

 

 

 

 

 

Between

 

 

 

Cabot Financial (UK) Ltd - Claimant

 

 

 

and

 

 

 

 

 

- Defendant

 

 

 

 

 

 

 

 

 

Draft Order for Directions

 

 

 

 

 

The Claimant shall within 14 days of service of this order file and serve the following:

• Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon.
  
• Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended.
  
• Document, contract or deed of assignment for the account. This to be compliant with s136 of The Law of Property Act 1925.
  
• Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.
  
• Copies of any statement or other document relied upon
  

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

 

The Defendant shall within 14 days thereafter file and serve the following

• An amended defence sufficiently particularised in response to the documents supplied by the claimant
  

And then to Section I other Information

 

 

In xxxxxxxxCounty Court

 

 

 

Claim Number xxxxxx

 

 

 

Between

 

 

 

Cabot Financial (UK) Ltd - Claimant

 

 

 

and

 

 

 

- Defendant

 

 

 

 

 

N150 Allocation Questionnaire

 

 

 

 

 

Section I - other information

 

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.

 

Without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case

 

The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgment

 

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give

notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and63, section 127(4) precludes the court from making an enforcement order.

 

 

I wish to reserve the right to submit an amended defence should the documents be forthcoming from the claimant, and respectfully submit that there is no case to answer if the submissions are not forthcoming.

 

Therefore it stands to reason that these documents must be disclosed before this case can progress any further.

 

This is the POC

The Claimant is part of the Cabot Financial Group and has purchased the debt(s) scheduled below. Despite requests for payment th Defendant has failed to pay the sum of xxxx in relation to the Defendant's Monument Credit Card account number xxxxx, Andthe Claimant claims the sum of xxxxx together with interest under section 69 of the County Courts Act 1984, and costs.'

Claimant is shown as Cabot Financial UK Ltd.

All they have supplied is a short application form, the DN is wrong, there are charges in the DN and they have added over 1k in interest.

Does anyonone have any comments on my N150 please?

It has to be posted on Wednesday 30th by the latest.

Thank you

[babybear39]

Bumped and flagged to site team for you

[42man]

Hi Cymru...i'm not an expert on these but this should help hopefully...

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/175566-upto-eyeballs-cl-finance-2.html#post1916595

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/170982-dreaded-court-claim-came-4.html#post1966689

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/121975-link-financial-county-court-2.html#post1385509

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/161188-allocation-questionnaire-urgent-help.html

[cymruambyth]

Thank you bb.

Thank you 42man for the links

[cymruambyth]

Hi, everyone, a quick question........which track do I want? The claim is for just under 6k, but over 1k is interest added by Cabot:(

Or 2........... do I semd copies of CPR 31.14 and CPR 31.16?

Thank you

[cymruambyth]

bump anyone, just doing finishing touches to n150

[caro]

If the amount is less than £5k without s69 interest it's usually small claims.

[cymruambyth]

thank you

[cymruambyth]

Reading around, it would seem that I have made an error by saying fast track Should I write to the court and ask for it to be small claims, stating the amount pre interest etc?

[babybear39]

Give the court a quick ring and ask

[cymruambyth]

Thanks, will do.

[cymruambyth]

Well I've spoken to the court, a very nice 'young sounding' female who advised 'the judge will look at all the facts before allocating a track'. However, if I have stupidly failed to write anywhere that they have added over £1k interest, taking the sum over the £5k threshold, how will the judge know????

Also, not really sure what difference small claims or fast track will make. (Short application form and defective DN - format, dates and charges)

Thank you. C

[caro]

The judge will be have everything to look at from both sides and make a decision based on that. The big difference is that with small claims you aren't liable for the other sides costs if you lose.

[cymruambyth]

Thanks caro for the prompt reply. I think I have a strong case (but so have a few other unsuccessful caggers), 'even though the judge will have everything from both sides', I don't trust Morgan and Cabot is it worth sending an amendment?

Thank you

[babybear39]

I would, just incase

[car2403]

Not sure fast track is such a bad thing, if you're so sure of your case. It will cost them more to process the claim and they will need more experienced representation, so the costs on their side would increase - if they know they don't have a leg to stand on, it may force an early discontinuance.

 

Anyhoo, SCT is better for you, I suppose, as there's less risk. Just means they are more likely to drag it out.

[cymruambyth]

Thanks I may send a letter to the court for consideration and leave in the hands of the DJ. I am quite sure of the case as Morgan don't have a DN, mine is totally wrong, incorrect format and dates and includes charges plus they only have a short application form.

[BeauBrummie]

Hi Cymruambyth,

 

Have you seen this thread by Scabhunter

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/223570-cabot-financial-dealing-cabot.html

 

Just for info

 

Beau

[cymruambyth]

Thanks for the link, will check it out.

PS excellent thread for anyone dealing with Cabot to read.

Edited October 4, 2009 by cymruambyth

[mercyblue]

cymruambyth have cabot sent you their AQ they have me

[cymruambyth]

No! I'll update if and when I receive it.

[cymruambyth]

My AQ received on the deadline(phew), 5 days on Cabots has not been received; they'll issue an 'unless order' giving them 14 days to comply.

Well you live in hope even though I know they have waited for mine before filing theirs