Crapbot/Morgan Stanley card claim - lost!

[Hadituptohere]

Great, glad it's some help to your case , it was mentioned in my thread (or i hijacked someone elses thread ) and im sure it came from foolishgirl..

 

Hadituptohere

[cups]

Hi

 

I have nearly finished with my WS.

 

I don't want to say too much but did you know that under the LofP Act, Section 136 that Cabot is and I quote

"Cabot Europe is licensed by Goldfish to send such notices of assignment in relation to all such debts assigned to the Claimant and the text within the notice is stored electronically by Cabot Europe".

They have also quite properly referenced the creation of such a document, HOW NICE OF THEM!!! CABOT YOU CREATE BLOODY EVERYTHING AND HAVE THE ORIGINALS OF NOTHING!!!!!! And you can't even get your creations to stack up, and keep them looking the same!!!

 

App the rules of evidence do not apply to them?

 

Any comments would be gratefully received?

 

PS their WS is the same as their POC,,still no valid T and Cs, they are valid for after the agreement?

 

Cups

[cups]

Hi

 

They also state that the assigned balance was incorrect as it did not take into consideration two payments, what rubbish!!This cannot be right either?

They have even shot themselves by saying the last payment was on ***** an then their statement of account shows 3 payments after this date?

 

The whole embarassed defence bit knocks their embarassing WS and paper trail/audit trail into the stratosphere!!

 

They also harp on about 'rights' again,,

 

Any comments?

 

[cups]

I have done my WS and sent it to them,,I sent my N268 as well in the bundle to prove it with the agreement. I have also noticed something lese whilst going through all their rubbish which I will not mention here?

They really have got no idea down in Kent, their cases are very very full of holes,,they have not mentioned in their POC claiming the arrears which I take it they would have to if that is what they are claiming? At the moment they are claiming the whole amount? Also the OC has sent me a nice letter saying that they cannot provide me with any statment that shows any default or fees within it? So how am I meant to work out the amount s being correct?

 

V strange

 

Any ideas

 

Cups

[cups]

Hi

 

Bit of a bump,,can anyone tell me about the arrears issue? They do not say in their POCs that they are claiming arrears,,no DN or TN ever issued and theystill don't seem to have one. They have also not given me the T and Cs for the date of the application form that they say is an agreement..

 

Cups

[Hadituptohere]

Hi cups

 

Morgans tend not to state the 'claiming arrears' until the WS, the fact that there has been no Terms and Conditions produced yet is another point to go into your WS or skeleton argument depending where your at, at the moment

 

Hadituptohere

[cups]

Hi Hadit

 

Will double triple check their WS,,no sign of the arrears being claimed,,I have poinbted out the T and Cs are not up to date in my argument as well.

 

Also their letter before action states that you are 'now in default' this is omething that Robcag has pointed out recently as well.

 

Cups

[Hadituptohere]

Lets see what they come up with regarding the 32.19 request, but if theve already submitted their WS and no mentioned 'claiming the arrears' then this is even better for yourself, the statute law states that they are required to issue a default notice and they havent. Along with the definition of Creditor (which cabot claim they arent) then CCA74 seems to be well in your favour

 

Hadituptohere

[cups]

Hi

 

Quick update, will write more later.

 

I lost at court on a number of issues,mainly the judge lottery? The DDJ didn't know anything about CCA or any of it,,

Said Claimant didn't need to have or prodice the original?

DN that I found was not really relevant, even though it was wrong on the amount, that was because the OC had zero'd the account so the whole balance was arrears, and the DN was therefore valid?

Also the App Form was not executed but the 'date stamp' on it was the mark of the company that it was received and it was therefore a mark by them and therefore executed.

 

He let them sum up after me, just to help me out? Of course they then just tore my argument to shreds, and the DDJ went away with their arguments ringing in his ears.

 

The Claimant admitted to not having the original, and never trying to get it? They could not even say when they had ever got their 'agreement from the OC, as their contemporaneous records were not contemporaneous?

 

The only saving grace was the costs issue, which they only got £700 worth of?

 

I have come to an arrangement to pay, the guy from Cabot said they will not put the CCJ on my file? They will show that l am paying so that I do not lose my job.

 

The DDJ was very pleasant but clearly knows nothing about the CCA or any other debt legislation. I think the real DDJ for the court were on holiday, as the DDJ came in while I was sitting there and said that he was just 'visiting'..

 

Cups:-x

[cups]

Hi

 

Having said that the DDJ is shown as sitting at the court some years ago?

 

One thing that Cabot did was say that in their repotoire of labels for documentation that they receive, that they do not differentiate between 'application forms' and 'agreements'. People learn on the job and that some less experienced persons do not know the difference. Even though they will only deal with agreements.

 

The fact that my 'form' had bits clearly ommited did not make any difference, they said that they had asked the OC and this was done for security when the forms were scanned. But onc e scanned when are they req'd again l asked, if l call does my form come up on the system? When l asked who's security it became evident that they didn't know. App banks do no trust their staff and some staff can get clearance to look at things that they are not meant to ??? How does that work ??

 

I am annoyed but think on balance l have got off not too badly,,although l could still lose my job if my employer ecer finds out!!

 

Thanks to everyone who helped me and gave me messages of support..

 

[Desperate Daniella]

cups,

 

I am absolutely staggered. The law is very clear on the DNs and producing an original agreement. If the agreement they produced was a cut and paste job it is fraud.

 

I am so sorry.

 

DDx

[cups]

Thanks DD

 

I am going to wait for the judgement and then decide what to do,,Cabot seem to have had the DDJ's ear on this occasion..

 

Cups

[Debtcontrol]

Cups,

So sorry to hear of your news, this is wrong, just wrong.

I got a letter through from my county court on Saturday, Morgans / Cabot have applied for the stay to be lifted and transferred to my local court. They mentioned on the letter that they did not request for it to be transferred months ago when they should have 'due to an administrative error. Someone is really having a laugh at our expense.

Going to put a full update on my thread. Keep your spirits up.

Here we go......

[cups]

DC

 

Just looked at your thread, will see what you have, thanks for update, will see what l can advise you,

 

Cups

[pumpytums]

Hi cups,

I read your whole thread unbelievable doesn't cover it.

 

One point however have you wrote to Goldfish asking for your PPI back?

 

Pumpytums

[cups]

No not yet, l could never get them to answer my letters??

 

They still haven't done so??

[pumpytums]

Hi cups,

I would send them the PPI questionnaire off the FOS website.

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html

 

Attach a letter stating that you wish to complain about your PPI policy, and state that you will be sending the form to FOS if they don't comply or reply. Then give them a month if you hear nothing send it off to the FOS.

 

Could knock you a nice chunk off your balance as you will get the PPI premiums back + contractual interest + 8%. That's what I got recently, from a different OC. Only took a phone call in my case.

 

Pumpytums

[cups]

Thanks l will do that,