Cabot/Morgan solicitors/Goldfish LBA

[creditcardmug]

Hi all,

 

I thought i would start a new thread in the legal section on this one, as i had two cases with cabot in the same thread

 

Basically, Cabot have bought a Goldfish debt, i CCAd cabot about a year ago, they sent an app form with no prescribed terms, and a set of current T&Cs, and a load of old statements.

 

I sent the account in dispute letter, and had protracted argument with them, and we came to an impasse.

 

I have now had a letter from Morgan Solicitors (i presume inhouse)

 

I have typed it out below, and just looking for any advice/guidance really

 

 

We write on behalf of Cabot Financial (uk) ltd with regards to you account. In order for you to fully understand and appropriately respond to this letter, we are providing you with the following information relating to your account.

 

a) Name of account holder-xxxxxxxx

b) Original account number-xxxxxxxxxxxxxxxx

c) Creditor Goldfish Bank Ltd

d) Date debt was assigned to Cabot Financial (uk) Ltd- xx xx 08

e) Current balance outstanding £xxxx

f) A notice of assignment has already been sent to you

 

Your account is currently in default. Despite previous correspondence and requests from us, you have failed to settle this account. Accordingly, the outstanding balance is now payable immediately.

 

Should you wish to settle this account or discuss a payment plan you must contact us either by telephone or by post immediately. We have also included information about free debt advice organisations, which may be able to assist you in this matter.

 

This is an important letter and you are obliged to respond to this letter by writing to us by virtue of the Practice Direction to the Pre-Action Protocols within the Civil Procedure Rules !998. If we do not receive a response within one month of the date of this letter, legal proceedings will be issued against you without any further notice or warning to you. If you intend to represent yourself in any forthcoming proposed legal proceedings, we can provide you with a copy of the Practice Direction upon request.

 

We are obliged to inform you that should you not comply with the Practice Direction, the court has the power to impose sanctions, which may include costs sanctions.

__________________

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

Edited May 15, 2009 by creditcardmug

[I've got no money]

I'd be inclined to ask for a copy of the practice direction...only kidding

 

The reality is that they're not going to get costs against an LIP who doesn't respond to an LBA - the other thing of course is that if the earlier Notices of Assignment have been invalid this may be a valid NoA

 

As you've probably already acknowledged a previous NoA - I'd be inclined to respond and tell them that you don't accept that the alleged debt has been lawfully assigned, that even if it has that the alleged agreement is unenforceable and then finally you could add that your response is made without prejudice to any other matters which may arise in any proceedings.

[creditcardmug]

I'd be inclined to ask for a copy of the practice direction...only kidding

 

The reality is that they're not going to get costs against an LIP who doesn't respond to an LBA - the other thing of course is that if the earlier Notices of Assignment have been invalid this may be a valid NoA

 

As you've probably already acknowledged a previous NoA - I'd be inclined to respond and tell them that you don't accept that the alleged debt has been lawfully assigned, that even if it has that the alleged agreement is unenforceable and then finally you could add that your response is made without prejudice to any other matters which may arise in any proceedings.

 

Thanks for your reply, i will respond to it in some way, before their "deadline", just wanted some pointers on putting together something a bit special for them:cool:

[creditcardmug]

Bump

[Dibsthefrenchie]

I have also received one of these letters and am currently dithering about a suitable reply. Just wondered if your letter contained the name or names of any solicitors and who they are regulated by? that information appears to be missing from mine, and I had assumed all letters claiming to be from a solicitor contained that basic information?

[I've got no money]

I have also received one of these letters and am currently dithering about a suitable reply. Just wondered if your letter contained the name or names of any solicitors and who they are regulated by? that information appears to be missing from mine, and I had assumed all letters claiming to be from a solicitor contained that basic information?

 

Letters from Solicitors should say somewhere - "Regulated by the Solicitors Regulation Authority"

[creditcardmug]

It just says at the bottom of the letterhead

"Morgan Solicitors is the in-house litigation dept of Cabot Financial (europe) ltd registered in england" etc...and signed morgan

[I've got no money]

It just says at the bottom of the letterhead

"Morgan Solicitors is the in-house litigation dept of Cabot Financial (europe) ltd registered in england" etc...and signed morgan

 

They're an in house legal department - if I were you I'd phone the SRA and check whether the rules apply to in house lawyers

[creditcardmug]

They're an in house legal department - if I were you I'd phone the SRA and check whether the rules apply to in house lawyers

 

Anyone have the phone number?

[creditcardmug]

anyone know which CPR part they are referring to?

[creditcardmug]

I have begun drafting a reply to this letter, anyone have any comments, as to any points to go into it?

[cymruambyth]

Hi subscribing with interest as I've just received the same letter

[creditcardmug]

Hi subscribing with interest as I've just received the same letter

 

I have replied to it dont want to post it up yet, let me know if you want to see it, and ill PM it to you