Please help with CABOT - debt's doubled!!

[Debtcontrol]

Thats crazy. So in effect they are saying an application form IS NOT an agreement - can you get them to state that in writing?...lol

 

I wish I had it clearer, what they say in their letter is to stop asking for documentation that they have already told me they don't have. So that could refer to agreement, DN, etc etc. Either way, I'm using it in court!

[stikky62]

My defence has to be in over the next day or two, can someone confirm (or not) this is ok,,, thanks :-

 

1. I, xxxxxxx, of xxxxxxxxxxxxx, am the defendant in this action and make the following statement as a defence to the claim made by Cabot Financial (UK) Ltd

2. The claimant’s particulars of claim are vague and fail to disclose any cause of action; they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR, even allowing for the constraints of the bulk issue system.

 

3. The Defendant notes that the Claimants' claim is not fully particularised, offers no cause for action and documents constituting the agreement should be attached to or served with the particulars of claim. The defendants claim is thus eligible for a strike out under CPR 3.4.2 (a) ©

4. No documents supporting the claims in the particulars have been offered and despite two requests to the claimant for further information via CPR 31.14 dated xx/xx/2010 and CPR part 18 dated xx/xx/2010, both sent by recorded delivery and signed for, none has been forthcoming and as a result I cannot plead in defence to the claim.

 

5. The Defendant denies that they are indebted to the Claimant for the sum of £xxxx.xx and puts the Claimant to strict proof of this sum.

 

6. Without clarification of the claimant’s claim, the defendant is extremely disadvantaged and as the claimant’s claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon.

 

7. Further to the above 6 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

And the defendant:

 

8. Seeks an order that the Claimant’s action is struck out under CPR 3.4.2 (a) ©, or otherwise dismissed, on the grounds that any claim cannot succeed.

 

 

Statement of truth

I believe that the facts stated in this defence are true.

I am the Defendant.

 

Signed:

 

XXXX

[stikky62]

Hi Guys - Quick Update - and urgent help needed!

I've had a response to my CPR requests.

They've sent me copies of agreement, t&c's, notice of assigment etc.

The increase in the debt is all down to interest@12%.which they started adding on the dates mentioned earlier.

 

Now then, the thing i need urgent help with is this:

Last week I was involved in an accident (crashed me bike). I've just come out of hospital today with a broken ankle, both arms are damaged at the moment, and I've knocked a few teeth out - basically I'm in no fit state to do anything - crawling round the house on all fours. Can I get some sort of 'adjornment' and have all this put on 'hold' until I'm well enough. Sorry if this doesn't make much sense, but its been a funny old week!!

[Debtcontrol]

Hello Stikky, hopefully someone will be able to give you advice soon, but wanted to pass on my best wishes, sounds like a bad accident.

Get better soon.

[Hadituptohere]

Get Well soon stickky, Im sure youll have grounds for an extension, again im sure someone more experienced will confirm

 

Hadituptohere

[stikky62]

Thanks for the get well wishes guys:-)

It was a bad accident and apparently I'm lucky to still be alive and to have not been garrotted by a barb wire fence. The only good thing is I can't remember a damn thing about it - its all a bit surreal t.b.h.

[stikky62]

These are the letters in response to my cpr requests which I received some time whilst I was in hospital:

this had copies of the application form/agreement and t&c's attached as posted earlier.

 

This had a copy of a letter dated 23/10/2010 stating the outstanding balance due under the above account had been assigned to Kings Hill Ltd.

 

Cabot statement of account attached...see below

 

shows the sudden increase in the balance in October 2008

 

I forgot to say yesterday, I've had an allocation questionaire land on my doorstep and have until the 27th September to fill it in and return it.

I'm really going to need help with this. I did have quite a good idea of what I was doing before the accident but its all kind of drifted away at the moment.

 

I could really do with finding out about an 'extension' as hadituptohere mentioned if thats possible. The only other advice I've had is to ring the court manager and seek their advice.

[Hadituptohere]

I didn't know Cabot/morgans had taken to writing comedy scripts....LOL,

 

Hadituptohere

[stikky62]

Ok,, I've just rang my local court and explained my present circumstances. I said I was a defendant in a case,,blah blah,,and was at the stage where i had the allocation questionaire to fill in. The lady there asked if i was able to do that. I said It all looked a bit confusing, but I can write ok although I am a bit concussed and confused and might mess it up. She said in that case it would be best to write to the District Judge explaining it to him and ask for a 1 month extension BEFORE even attempting to fill in the AQ.

I'm guessing this is probably the correct thing to do, but I'm a bit wary after reading other threads where people have been given the wrong info/advice by court staff and would appreciate it if someone could confirm this is the correct procedure.

Thnaks

[Hadituptohere]

Hi stikky, Id do a letter to the court and also put it in writting to Morgans to be on the safe side, im sure you need to agree an extension with the claimant then notify the court but as youve received the AQ and that has a deadline the letter addressed to the DJ would be the right way to go.

 

Hadituptohere

[stikky62]

Thanx for your help hadituptohere.

I'll get to work on the letter to the DJ tomorrow and send a copy of it to Morgans.

Do you think I should phone Morgans and ask for the extension as well, before I write to the Judge? I'm just thinking if they agree to it, it would be something to add to the Judge's letter.

And if they didn't, it would just leave me thinking 'what a bunch of heartless #%$K'#'s'

Having said that, I don't particularly want to talk to them at all.

[Hadituptohere]

I personally wouldnt talk to morgans over the phone, id keep it to written communication only, maybe thats just me

 

Hadituptohere

[stikky62]

Sounds good to me hadituptohere ;-)

 

I was wondering, I assume the head of the letter will state case number, claimant, defendant, court etc, but how do I start the letter?

Is it: Dear Judge..., Your Honour..., Dear Your Honour...

 

??

[miss muppet]

Sounds good to me hadituptohere ;-)

 

I was wondering, I assume the head of the letter will state case number, claimant, defendant, court etc, but how do I start the letter?

Is it: Dear Judge..., Your Honour..., Dear Your Honour...

 

??

 

As you probably don't know the name of the Judge, put District Judge in the address but address them as Dear Sir/Madam

[stikky62]

Thanks miss muppet

[Hadituptohere]

XXXXXXX County Court XXXXX XXXXXX

The Law Courts XX Nearby Avenue

XXXXXXXX Street Somewhere

XXXXX XXXXXXX

 

　　

XXth September 2010

　

For the Attention of the District Judge

 

Dear Sir/Madam

 

 

XXXXXX County Court

 

Claim number: XXXXXXXX

 

Cabot Financial (UK) Limited V XX Stikky XX

 

I am writing regarding the above Case to inform the District Judge

 

 

 

Something like......

 

 

Hadituptohere

[stikky62]

XXXXXXX County Court XXXXX XXXXXX

The Law Courts XX Nearby Avenue

XXXXXXXX Street Somewhere

XXXXX XXXXXXX

 

　　

XXth September 2010

　

For the Attention of the District Judge

 

Dear Sir/Madam

 

 

XXXXXX County Court

 

Claim number: XXXXXXXX

 

Cabot Financial (UK) Limited V XX Stikky XX

 

I am writing regarding the above Case to inform the District Judge

 

 

 

Something like......

 

 

Hadituptohere

 

Ahhhh,, excellant,,,thanks

[alfwithhair]

Does it say anywhere within the agreement or the terms and conditions from the assignore, that Cabot or anybody else they assign or sell to have the legal right to add 12% interest?

I am having the same problem with Cabot adding interest every month, but as yet they have failed to answer or provide any documentation why they have any authority to do this

[stikky62]

Does it say anywhere within the agreement or the terms and conditions from the assignore, that Cabot or anybody else they assign or sell to have the legal right to add 12% interest?

I am having the same problem with Cabot adding interest every month, but as yet they have failed to answer or provide any documentation why they have any authority to do this

 

To be honest, I dont know. Part of the T & C's say:

"13d - We may reveal your personal information:

· to any person we transfer any of our rights or obligations to under any agreement we may have with you

 

15 General

 

15c. We may transfer our rights or obligations under this agreement or arrange for any other person to carry out our rights or obligations under this agreement. You may not transfer any of your rights or obligations under this agreement"

...which, I'm lead to believe, gave MBNA the right to 'sell' the account and rights etc to Cabot.

 

Now, in the T & C's it mentions interest rates of 19.9% p.a variable - so, where this 12% thing comes into it I have no idea whatsoever - or is that what the rate is nowadays? (original 'agreement' made in 1999)

[alfwithhair]

To be honest, I dont know. Part of the T & C's say:

"13d - We may reveal your personal information:

· to any person we transfer any of our rights or obligations to under any agreement we may have with you

 

15 General

 

15c. We may transfer our rights or obligations under this agreement or arrange for any other person to carry out our rights or obligations under this agreement. You may not transfer any of your rights or obligations under this agreement"

 

...which, I'm lead to believe, gave MBNA the right to 'sell' the account and rights etc to Cabot.

 

Now, in the T & C's it mentions interest rates of 19.9% p.a variable - so, where this 12% thing comes into it I have no idea whatsoever - or is that what the rate is nowadays? (original 'agreement' made in 1999)

 

Thanks for that, I will check what they sent me to see if the same cause is in it.

You say it is old 1999 account, mine is just slightly older than that. Was your a MBNA account from the start or with A&L originally?

[Hadituptohere]

To be honest, I dont know. Part of the T & C's say:

"13d - We may reveal your personal information:

· to any person we transfer any of our rights or obligations to under any agreement we may have with you

 

15 General

 

15c. We may transfer our rights or obligations under this agreement or arrange for any other person to carry out our rights or obligations under this agreement. You may not transfer any of your rights or obligations under this agreement"

...which, I'm lead to believe, gave MBNA the right to 'sell' the account and rights etc to Cabot.

 

Now, in the T & C's it mentions interest rates of 19.9% p.a variable - so, where this 12% thing comes into it I have no idea whatsoever - or is that what the rate is nowadays? (original 'agreement' made in 1999)

 

15c ??? isnt that misleading or an unfair term/clause opting out, as CCA74 clearly states creditor has to have the rights and the duties???

 

Hadituptohere

[stikky62]

You say it is old 1999 account, mine is just slightly older than that. Was your a MBNA account from the start or with A&L originally?

Alfwithhair: Originally, it was an MBNA visa card account - Cabot 'bought' the account in 2001.

Another problem I have with the T & C's is I have been told the copies I was sent were written after 2004 (you can tell by the way they're written was what I was told), though how I can verify that I don't know.

[stikky62]

Quick update.

 

I've not received a reply to my letter requesting a 1 month extension to fill in the N150 allocation questionaire from the district judge, so unless I get a reply tomorrow I guess I'd best get this N150 filled in - it has to be in on Monday 27th Sept. I am going need some help doing this if anyone could please oblige

I've received a copy of Morgans allocation questionaire. Jeeees, they reckon 3 days for the hearing and £5000 costs!! HELP!!

[stikky62]

Bumping

 

I could do with some help with this N150,,, an just in general

[Hadituptohere]

Hi stikky

 

I was hoping someone more experienced would offer some advise, im sure you addressed the letter to the DJ of your court from memory? have you called the court to find out if the letter was received and if its being acted on?

 

Hadituptohere