Please help with CABOT - debt's doubled!!

[rebel11]

Nice one, :DSam just wants you for your money

 

Im very very disappointed with cabot.

 

I was under the impression they had taken the time and care to write me a letter in regards to the points I raised with them and now I find this letter In post 3.

 

Sam moore, I thought we had something special but it turns out your just sending templates.

 

Ive had the exact same letter , except for different dates.

 

P.s. Sam moore, its over.. I feel cheated. I thought we were friends when all along you were sending the same letters out to everyone. Im heart broken, How am I to go on. Im going to sit in the corner and cry now.

[robcag]

Don't worry about it. This is a template in Morgan's name that Cabot send out to try to frighten you - we have all had them. There is no need to reply. If they do try and take action against you, it is easily defended.

 

Hi Pinky

 

When did you receive your letter? If only recently (less than the month stated in the letter) you obviously won't yet have received a claim from CrapPot/Morgan, but if my experience is anything to go by, they will issue a claim at or just after the expiry of the month. Although in your case maybe not, as I believe you have the benefit of living in Scotland!!!

 

I've had two of these letters. The first I replied to pointing out to them that despite their threats of the court coming down on me like a ton of bricks if I didn't reply (pursuant to CPR ) they themselves had not complied with Annex A, paragraph 2.2(1), Practice Direction – Pre-Action Conduct of the CPR, hadn't provided an easily legible copy of a CCA pursuant to my s78 CCA1974 request, etc etc.

 

All to no avail, they went ahead and issued a claim. The second letter I didn't bother replying to and received a claim form soon after, even though the idiots have admitted in two separate letters that they are unable to obtain an agreement!!!

 

I think its desperate times for CrapPot and they're trying to rake some money in to stop them going under, and as all of us who have been fortunate enough to have found CAG know, there are sadly many people who don't know their rights and will end up paying these claims one way or another, however unlawful they may be.

 

I'm not trying to frighten stikky62 or anyone else, but that's how its panned out for me so far, so be prepared for them to carry out their threat, however weak their case.

 

Cheers

Rob

Edited July 4, 2010 by robcag
Added text in blue

[Pinky69]

As I said, if they do try to make a claim, it is easily defended. I got mine 4 months ago but it is irrelevant to me because I live in Scotland and they can't touch me under Scots Law. They have to submit an original agreement here at the time of raising an action and they don't have one.

 

I agree with you that they seem to be increasing their losses by pursuing anything and losing more money as a result, always a sign of desperation.

[Monty2007]

I agree, they would not get very far up here in Scotland.

 

I am just taking a case through the small claims process against Vanquis who will not litigate. Should be interesting if it gets to call.

[PriorityOne]

That letter that you had mentioning things that "will happen" is against OFT guidelines. I pulled our friends up over this some time ago as part of a 2nd formal complaint and their correspondence to me quickly changed.... Now they don't write at all... ... presumably because they don't want the OFT/Ombudsman on their case, which would be the next step after a formal complaint if they can't justify themselves; which they can't.

 

I'm surprised they're still sending it out... because without a valid CCA, on what grounds are they able to claim that X,Y and/or Z "will happen"?

 

[barns66]

Hi I have sent them Cabot + Morgan many letters and all they send me is a copy of a application form and some t/c on a seperate sheet,that are not clearly legible and there is no referece to them on the copy of the severeal copies of theapplicationfor me they say is a cca.they incist that it's a properlly executed cca.They did not provide with the cca at anytime,i have had a court claim from the bulk centre in Northampton.linkto my thread is below.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/141075-cabot-morgan-solicitors-court.html

 

barns66

[spamheed]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/225933-spamheed-cabot-3.html

 

exactly the same letter verbatim, I always expected them to go all the way on this.

 

They seem to be following Carters tactics and it only takes a small percentage of their cases to be successful for them to show massive profits. There's probably a great number of people who stick their heads in the sand, or run scared from this sort of behaviour and Cabot et al get their judgements by default

[stikky62]

Thanks for all the replies.

 

I've just been reading a little bit of Barns66 & Spamheeds threads (which i'll finish reading tomorrow - too tired now) and it looks like we're all in the same boat. From some of the comments i'm guessing its pretty pointless replying to Morgans letter because they'll probably ignore any reply and commence court action anyway - unless of course I agree to pay the alleged outstanding balance immediately, which just isn't going to happen in my lifetime

 

So, it's looking very much like this will end up in a court action and I trust you guys will be here to help out. I hate to admit it but i'm going to need my hand holding on this one. All this 'legal & court stuff' confuses me no end :-|

[barns66]

Hi Stikky62 it's certaiin they will not send what you ask for,they only send what they want you to see,they have started court proceedings with me.All the legal stuff baffles me as well.Good luck with Cabot and Morgans.

 

barns66

[PriorityOne]

From some of the comments i'm guessing its pretty pointless replying to Morgans letter because they'll probably ignore any reply and commence court action anyway

 

Not at all. If you challenge Morgans and state that they're acting in defiance of CCA law; lack of documentation, etc. they may well back off. Shoosmiths (solicitors) did with me.

 

[Duffers Mum]

This is quite worrying...i'm at the initial introduction stage with Cabot but am now concerned they might take it all the way to court and i wouldn't have a clue where to start or what to do. They backed off with a goldfish debt because they couldn't get hold of any documentation, but my Sainsbury's one has an application form and T&C's (admittedly the latter are downloaded off the web) but I would imagine Cabot would think that was more than enough to go on...oh dear..I fear sleepless nights ahead

[Pinky69]

Here you are again Duffers Mum - up to high doh for nothing. Post what they send you when you eventually send your CCA request on a new thread when you get it.

[Duffers Mum]

Pinky i've already posted it....it didn't come from Cabot though it came from Sainbury's and its on my thread (which you've commented on - much appreciated ) ...i'm just a born worrier..and get concerned when I read others' threads...perhaps I should stick to Ebay lol

[stikky62]

Hi Guys - Update time.

 

I received a Claim Form form Northampton County Court this morning, the P.O.C's being:

'The claimant is the Assignee of a Debt(s) from MBNA Europe BanK LTD Visa Standard reference *********. Notice of Assignment having been given to the defendant in writing. Despite demand for payment, 5042.10 remains due. The Claimant claims 5322.10 and interest under s.69 County Courts Act 1984 and costs.'

 

I assume my first course of action is to log onto moneyclaim and file an acknowledgement of service - clicking the 'I intend to defend all of this claim' box?

 

What will happen next?

 

Thanks

[Duffers Mum]

Stikky...good luck have no advice for you as I'm still in the ignoring all the rubbish Cabot send stage! I'm sure the knowledgable people on this site will be able to guide you through it all though!

 

DM

[stikky62]

Thanks DM, and I hope the good people here do guide me through it, otherwise I'm paddleless up the creek,,as they say

[jason_mnm]

I just got assignment letter from Cabot.. I am ready for it. I have already done it twice with two lenders and succeed with the help of the great caggers of this great site..............Come on Cabot.. u ugly....................!!!!!!!!!!!!!!!!!!!!!

[stikky62]

Good evening ;-)

 

I intend acknowledging the court papers this weekend to 'defend all', but before I do could someone please advise me what the next step is going to be. I'm following barns66's thread at the moment because it's practically identical to my case as far as i can tell, and it would seem the next step after acknowledging the court papers is to send a cpr31.14 request much like 'wish me well's' post @ #44 but adapted to suit my circumstances maybe: http://www.consumeractiongroup.co.uk/forum/showthread.php?141075-Cabot-Morgan-Solicitors-Court-Action-%28ex-Goldfish-account%29/page3.

 

Could one of you much wiser ones confirm I'm heading down the right road with this?

 

Thanks in advance

[spamheed]

I received my claim form also this week, so there is obviously a patter, the POC on mine is identical to yours, pay attention to the account number/ref on the claim form, is it the actual account number, or is it Cabots own ref they are taking you to court under?

 

I sent off my CPR 18 and will follow it up with the 14 oover the weekend.

[huggy41]

subbing

[stikky62]

"pay attention to the account number/ref on the claim form, is it the actual account number, or is it Cabots own ref they are taking you to court under?"

 

It's Cabot's own reference number. ?!

[barns66]

Hi Sticky

On the claima form it say Goldfish Credit Card reference,thats not the credit card number Morgans state on a letter they sent dated 1st April.I suppose this is a Cabot reference number.I sent Golfish a SAR request after they took it to court and i received a letter from Barclays as they now own Goldfish,If you look in the link on my thread i have posted Barclays reply,they say "unfortunatly we are unable to process your request due to reason(s) detailed below" The account number quoted is not valid or There are no accounts for the named customer at the address(es) provided.

I quoted the correct number and the correct address.I have not told Cabot,Court or Morgans yet as my defence was filed before i received the Sar back from Goldfish.I am awaiting a reply to my SAR reques i sent to Cabot on the 7th July.

Good luck with your case.

 

barns 66

[alfwithhair]

what is the significance of Cabots own ref number being on the POC rather than the original card acc number?

Does it invalidate their claim or something?

[Fester Tester]

Testing

 

Failed. Ignore me post.

Edited August 7, 2010 by Fester Tester
It's all gone pear shaped.

[stikky62]

Hi Guys.

 

I've not 'acknowledged service' yet - I'm still reading other threads for info and hoping someone will confirm I'm on the right track with this - but in the meantime I thought I'd put up a picture of the court paper :-