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Hi all, our good friends from Cabot have issued a claim via Northampton for a Goldfish Bank account.

 

Details of claim are as follows

 

The Claimant is part of the Cabot Financial Group and has purchased the debt scheduled below. Despite requests for payment the defendant has failed to pay the sum of (4 figures) in relation to the defendants Goldfish Bank Ltd credit card account number **********

and the claimant claims the sum of **** together with interest under section 69 of the County Courts Act 1984 and costs.

 

I shall be acknowledging and defending fully.

 

Appreciate any advice people can offer, I've read many threads but cannot see the wood for the tree's. Feel free to pm me and I'll give more details that may be required. Needlesss to say I'm in possession of an Application form only.

 

n.b. The is no mention of any solicitors on the court papers, only Cabots West Malling address.

 

Guidance please :-)

 

Thanks in advance.

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Yes you do have that time to submit your defence I would ask a MOD to post you on the DCA legal threads. Also as litigation has started you can ask for a copy of the CCA via the courts. You need to look at the stickies and see if anyone can help with your defence.

If you can post up the POC on here others can help. Also have they supplied you with a credit agreement before starting action?

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Many thanks Rhia, the particulars of the claim seem to be rather ambigous

 

insofar far as they are...................

 

The Claimant is part of the Cabot Financial Group and has purchased the debt scheduled below. Despite requests for payment the defendant has failed to pay the sum of (4 figures) in relation to the defendants Goldfish Bank Ltd credit card account number **********

and the claimant claims the sum of **** together with interest under section 69 of the County Courts Act 1984 and costs.

 

I have previously CCA Cabot and all they could come up with was an old Morgan Stanley App form that is even stamped up Application !!!!!!!

 

No prescribed terms, no credit limit et al

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Can I just ask...is there any chance that this debt is statute barred - in other words is it six years since you made a payment or acknowledged you owed this debt.

 

Reason for this is Cabot has been trying to collect SB debts from a few on CAG.

 

Also have a look at this as it gives a letter to send asking for information under CPR

http://www.consumeractiongroup.co.uk/forum/legal-issues/180148-court-papers-recieved-can.html

 

My own observation for your defence is along the lines that you are embarrassed to enter this defence as the claimant has failed to produce a properly executed copy of the agreements as required by the CCA 1974. Without this they are unable to enforce the debt (ie. start court action)

 

I see it is MS/Goldfish - all they do is produce a scrappy appn form and then try and and match it up to some T&Cs from Barclays who now own the companies. It is challengeable.

Edited by Rhia
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  • 7 months later...

Received N149 today, accompanied by the following.

 

It is ordered that;

 

The Court will deal with the application to lift the stay without hearing under CPR 23.8 ©

 

The application to lift the stay and transfer is granted

 

note: A party affected by this order may under rule 23.10 apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.10 within 7 days of service of this order.

 

The transfer to my local court has taken place.

 

I have previously sent CPR request to Cabot (without reply)

 

AQ has to be completed Oct 1.

 

I think I need help now. Many thanks to all in advance.

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Wow, there's quite a gap between 28th January and now - what has happened so far?

 

SH

All opinions of ScabHunter are offered in good faith and believed to be accurate and true. Please note, though, that I have no legal training and am human like the rest of us (except the DCA trolls).

 

If you have received court papers, PLEASE POST EARLY. We can help, but only if we are within the timescales.

 

I am happy to receive PMs (and friendship requests!), but if you want me to look at your thread please leave a link to it.

 

If I have been helpful, please feel free to click the old scales!

 

____________________________________________________

 

LIGHT RELIEF - SCABHUNTER STYLE

 

A reply to a DCA troll with a limited vocabulary

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/131409-cheekiness-towards-dca-199.html#post1840093

 

A template letter accepting a full and final settlement

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/104668-cabot-windywoo-4.html#post1813490

 

A reply to ARE letter dated 13th November 20088

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172657-mbna-letter-asking-me.html#post1863523

 

A reply to a naughty DCA suggesting that the alleged debtor was ignoring the poor dears, and promising a nice social visit

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167422-help-needed-re-letters-3.html#post1850119

 

 

 

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Wow, there's quite a gap between 28th January and now - what has happened so far?

 

SH

 

Hi SH, i wondered how you were, i myself have been away from the site several months with personal/work matters. good to see you are back

 

Sorry to OP for butting in

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Hi CCM,

 

Thanks! You can't have been away for too long because you've picked up quite a few 'blobs' since I was last here! All well deserved, I've no doubt.

 

I see you stepped in and helped Nottsdave out as well - many thanks for that.

 

This has been one seriously nasty year for me, after it promised so much, but I'm still in there fighting. Life is hard, and it's going to get harder, but nothing is finished yet.

 

Sorry OP, we will now step aside and leave the stage to you.

 

SH

All opinions of ScabHunter are offered in good faith and believed to be accurate and true. Please note, though, that I have no legal training and am human like the rest of us (except the DCA trolls).

 

If you have received court papers, PLEASE POST EARLY. We can help, but only if we are within the timescales.

 

I am happy to receive PMs (and friendship requests!), but if you want me to look at your thread please leave a link to it.

 

If I have been helpful, please feel free to click the old scales!

 

____________________________________________________

 

LIGHT RELIEF - SCABHUNTER STYLE

 

A reply to a DCA troll with a limited vocabulary

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/131409-cheekiness-towards-dca-199.html#post1840093

 

A template letter accepting a full and final settlement

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/104668-cabot-windywoo-4.html#post1813490

 

A reply to ARE letter dated 13th November 20088

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172657-mbna-letter-asking-me.html#post1863523

 

A reply to a naughty DCA suggesting that the alleged debtor was ignoring the poor dears, and promising a nice social visit

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167422-help-needed-re-letters-3.html#post1850119

 

 

 

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Wow, there's quite a gap between 28th January and now - what has happened so far?

 

SH

 

Basically I sent in an 'embarrassed' defence due to their vague POC and their failure to reply to my CPR request, then today out of the blue the AQ arrived. If you look at the post above the POC are very loose. Any suggestions?

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Is the defence you submitted on another thread somewhere, possibly in the Legal Issues section?

 

You say they have ignored your CPR request - I take it that was a Part 18 as the PoC are so poor a CPR 31.14 won't get you much?

 

Non-compliance can now be challenged again at the AQ stage. There are some really good threads on here where AQs have been filled in in very similar circumstances. We just need to make sure we've got all the facts right.

 

So you've got an unenforceable application form which they claim is an agreement? Any default notice? Any NoA?

 

SH

All opinions of ScabHunter are offered in good faith and believed to be accurate and true. Please note, though, that I have no legal training and am human like the rest of us (except the DCA trolls).

 

If you have received court papers, PLEASE POST EARLY. We can help, but only if we are within the timescales.

 

I am happy to receive PMs (and friendship requests!), but if you want me to look at your thread please leave a link to it.

 

If I have been helpful, please feel free to click the old scales!

 

____________________________________________________

 

LIGHT RELIEF - SCABHUNTER STYLE

 

A reply to a DCA troll with a limited vocabulary

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/131409-cheekiness-towards-dca-199.html#post1840093

 

A template letter accepting a full and final settlement

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/104668-cabot-windywoo-4.html#post1813490

 

A reply to ARE letter dated 13th November 20088

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172657-mbna-letter-asking-me.html#post1863523

 

A reply to a naughty DCA suggesting that the alleged debtor was ignoring the poor dears, and promising a nice social visit

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167422-help-needed-re-letters-3.html#post1850119

 

 

 

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I don't suppose this is much help but I have a Goldfish account that is currently in dispute (although not by Cabot)

 

Goldfish sent me a default notice that did not give a date for me to make good the arrears but instead referred to a second piece of paper as the date it was sent....it is an invalid default notice...which in itself may not be too much of a problem as they can simply issue another one.

 

However, they also issued me with a termination notice....this notice in effect closed the account and allows them only to be able to claim the amount of the arrears..

 

Following on from that, I receive at a point in the future a notice of assignment from Goldfish to a DCA....however, Goldfish were sold prior to the assignment notice...some 6 months before the assignment notice in fact....and yet the dca stated that they had been assigned it from Goldfish....

 

Further to that the amount owed has increased by 2k since I've been paying the DCA and yet I have a letter from the dca that no interest would be charged on the account....

 

None of the above became relevant until I joined this website forum, armed with my new found confidence I did some research and along the way the above is what I found was a problem.

 

I have sent a cca request to the DCA and they haven't responded and it's been 2 months since..

 

None of this may be relevant to you but this is how Goldfish ended my account with them. I currently consider that the DCA owe me money, I've paid more than what the arrears in the faulty default notice and I do not consider the DCA to have acted lawfully when collecting money from me. I awaiting confirmation from a solicitor as to above circumstances and once I have that and if it is consistent with my own feelings/findings then I will pursue the DCA at any/all levels that I can.

 

So be sure to check the specifics of your Credit agreement, it's default notice and termination and any assignments that may have been made by Cabot etc....you may turn something up...

  • Haha 1

I reside in Dawlish Warren but am not a rabbit.

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Is the defence you submitted on another thread somewhere, possibly in the Legal Issues section?

 

You say they have ignored your CPR request - I take it that was a Part 18 as the PoC are so poor a CPR 31.14 won't get you much?

 

Non-compliance can now be challenged again at the AQ stage. There are some really good threads on here where AQs have been filled in in very similar circumstances. We just need to make sure we've got all the facts right.

 

So you've got an unenforceable application form which they claim is an agreement? Any default notice? Any NoA?

 

SH

 

I haven't posted up the embarrassed defence onto the forum as yet.

Yes I only have an application form for a Morgan Stanley Card, never had any notice of assignment that moved my account to Goldfish, just a hello letter from Cabot saying they had bought my Goldfish account. Messy eh?

 

Think I should request this thresd moving to legal section?

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Thread moved.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Defence

 

 

 

1. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

2. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

 

3. The claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant's claim.

 

b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

 

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

 

4. Consequently, it is proving difficult to plead to the particulars as matters stand

5. Further to the case, on 02/02/2008 I requested the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the claimant. The information requested amounted to copies of any Credit Agreement referred to in the particulars of claim and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice, and a copy of the Notice of Assignment required to give the claimant a legitimate right of action.

 

6. To Date the claimant has not responded to my request under the CPR and I have not received any such documentation requested. As a result it has proven difficult to compose this defence without disclosure of the information requested.

 

7. The courts attention is drawn to the fact that the without disclosure of the requested documentation pursuant to the Civil Procedure Rules I have not yet had the opportunity to assess if the documentation the claimant claims to be relying upon to bring this action even contains the prescribed terms required in Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) which was amended by Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI2004/1482). The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--

1. Number of repayments;

2. Amount of repayments;

3. Frequency and timing of repayments;

4. Dates of repayments;

5. The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

8. The courts attention is drawn to the fact that where an agreement does not have the prescribed terms as stated in point 7 it is not compliant with section 60(1) Consumer Credit Act 1974 and therefore not enforceable by s127 (3). The courts attention is also drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 and the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI2004/1482) the agreement cannot be enforced

 

9. Notwithstanding points 7 and 8, any such agreements must be signed in the prescribed manner by both debtor and creditor. If such a document is not signed by the debtor the document cannot be enforced by way of section 127(3) Consumer Credit Act 1974

 

10. The claimant is therefore put to strict proof that such a complaint document exists

 

 

11. It is neither admitted or denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant.

 

12. Notwithstanding point 11, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

 

13. Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but would also give rise to a potential counterclaim for damages where damage occurs to my credit rating (Kpohraror v Woolwich Building Society - [1996] 4 All ER 119)

 

14. Without Disclosure of the relevant requested documentation I am unable to assess if I am indeed liable to the claimant, nor am I able to assess if the alleged agreement is properly executed, contain the required prescribed terms, or correct figures to make such an agreement enforceable by virtue of s127 Consumer Credit Act 1974

 

15. In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant's statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16.

 

16. Alternatively, I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined in paragraph 5 above or until the court orders its compliance with the same. I will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend my statement of case accordingly.

 

17. In addition it is drawn to the courts attention that schedule 3, s11 of the Consumer Credit Act 2006 prevents s15 repealing s127 (3) of the 1974 Act for agreements made before s15 came into effect since the agreement is alleged to have commenced in 10/03/2000 the Consumer Credit Act 1974 is the relevant act in this case.

Statement of Truth

 

 

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Any chance of a little assistance in the completing of the N149, I've taken on board PT's posting ref Directions etc, but obviously I dont wish to make an arse of the submission. Do I need to mention of securitisiation of the debt in the uk? Many thanks, the N149 has to be in my local Court by 1 Oct.

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I am in a similar position but I just got the N150 straight out the blue nothing about a stay been lifted, and it had been stayed. Out of interest does it show the lifting of the stay if you check at moneyclaim online?

My AQ has to be in by the 5th effectively the 2nd as I will have to post it.

I am taking a much different tack to what many have/are doing and been as minimal as possible hoping they hang their selves out to dry before I have to play any potential ace.

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Hi mercy, I'm just completeing my N150. It appears to be depending on what information you have received! You either just say yes, or you say no and explain 'The case is not covered by any approved protocol; I have tried to act reasonably in exchanging information and documents relevant to the claim but have had no response from the claimant in this regard.'

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