Jump to content

You can now change your notification sounds by going to this link https://www.consumeractiongroup.co.uk/index.php?/&app=soundboard&module=soundboard&controller=managesounds

 

You can find a library of free notification sounds in several places on the Internet. Here's one which has a very large selection https://notificationsounds.com/notification-sounds

 

 

BankFodder BankFodder

 

BankFodder BankFodder


MAGDA

Cabot - Court Claim issued

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2998 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I was having problems with Cabot around a year ago and wrote to them explaining why an application, not containing any of the prescribed terms, together with a copy of current t&c's was not acceptable or enforceable.

They have now written to me as follows:

 

http://img231.imageshack.us/img231/7588/cabotletp1.jpg

http://img231.imageshack.us/img231/5623/cabotletp2.jpg

 

Would really appreciate some advice on this - has anyone else had this letter from Cabot? This is an ex MBNA account by the way.

 

Magda

Share this post


Link to post
Share on other sites

I've not had anything from them but it does look similar to ones I've seen at work. They really are little stars aren't they (but they don't shine brightly.)

 

DG


I have no legal training my knowledge comes from my personal life experiences

Please help keep the forum alive by making a donation

Share this post


Link to post
Share on other sites

Hi Magda

 

Your find if it ever got to the Courts they would have to produce the original documents for that account which the Judge has ask for in his orders.

I'm dealing with an ex MBNA account at the moment, but not with Cabot but CL Finance.

 

Gaz

Share this post


Link to post
Share on other sites

Magda, I have seen a similar letter from Cabot/Morgan (Morgan are Cabot's pimp solicitor)

 

They are getting a bit above themselves aren't they.

 

No, it has to be in one document and cannot be found in another document;

suggest they read Schedule 6 of the Regs., as they are not making much sense!

 

Intimidation is the name of the game.

 

If Ken Maynard is viewing this;

The Cabot Fan Club has got your number.

 

AC

Share this post


Link to post
Share on other sites

The agreement is a regulated agreement and is for the provision of running account credit within the meaning of section 10(a) of the Act

 

Pursuant to section 61(1)(a) of the Act such an agreement must be in the prescribed form and contain all the prescribed terms.

 

By Schedule 6 of the Consumer Credit (Agreements) Regulations 1983 the agreement must contain specified terms. One such term is that agreements for running account credit must contain a term stating the rate of interest on the credit to be provided under the agreement, furthermore the agreement must state the credit limit...

Share this post


Link to post
Share on other sites
The agreement is a regulated agreement and is for the provision of running account credit within the meaning of section 10(a) of the Act

 

Pursuant to section 61(1)(a) of the Act such an agreement must be in the prescribed form and contain all the prescribed terms.

 

By Schedule 6 of the Consumer Credit (Agreements) Regulations 1983 the agreement must contain specified terms. One such term is that agreements for running account credit must contain a term stating the rate of interest on the credit to be provided under the agreement, furthermore the agreement must state the credit limit...

 

Yes, what they sent is a complete joke. It is nothing more than an application form and the t&c's are just the current ones that have been printed off. Will get something off to them in writing (again) and perhaps they will go quiet again for another year.

 

I've not had anything from them but it does look similar to ones I've seen at work. They really are little stars aren't they (but they don't shine brightly.)

 

DG

 

Yes, they certainly do try it on - they think if they repeat something often enough we will all cave in - don't think so.

 

Hi Magda

 

Your find if it ever got to the Courts they would have to produce the original documents for that account which the Judge has ask for in his orders.

I'm dealing with an ex MBNA account at the moment, but not with Cabot but CL Finance.

 

Gaz

 

The copy they sent me isn't even particularly clear, but they have it in their heads that because it refers to the terms and conditions (which are a separate document and not even provided) above the signature box, then I have signed that I read them. It is here that the prescribed terms can be found apparently. MBNA were not very good with their agreements that's for sure.

Share this post


Link to post
Share on other sites
Magda, I have seen a similar letter from Cabot/Morgan (Morgan are Cabot's pimp solicitor)

 

They are getting a bit above themselves aren't they.

 

No, it has to be in one document and cannot be found in another document;

suggest they read Schedule 6 of the Regs., as they are not making much sense!

 

Intimidation is the name of the game.

 

If Ken Maynard is viewing this;

The Cabot Fan Club has got your number.

 

AC

 

Wasn't your MBNA account passed to Link AC? Not sure which company is worse, Cabot or Link, although I still think Link has the edge in terms of nastiness and being an all round low-life DCA. Will draw Cabot's attention to schedule 6 again and see if that has the desired effect. According to Cabot I now owe around £15,000 on this debt - I'm sure they just pluck these figures out of thin air.

 

Magda

Share this post


Link to post
Share on other sites

Hi Magna

 

Yes, it can be frustrating when they send you c..p like that.

I did find an artical where the MBNA cards are different too which card you own.

You could put in your letter saying prove those T & C's that you sent corrispond with the card i hold.

Something like that.

I will be holding the one i've got, if and when it gets to Court.

 

Gaz

Share this post


Link to post
Share on other sites
Hi Magna

 

Yes, it can be frustrating when they send you c..p like that.

I did find an artical where the MBNA cards are different too which card you own.

You could put in your letter saying prove those T & C's that you sent corrispond with the card i hold.

Something like that.

I will be holding the one i've got, if and when it gets to Court.

 

Gaz

 

Hi Gazza. It is frustrating - just when you think they have gone away, they pop up again. Does it seem likely that Cabot will take you to court then? I have been doing battle with four claims issued against us by Link for well over a year now, so I don't really need any moreicon10.gif Good idea about the t&c's - might just put them on the spot a little bit. These companies just don't know when to give up.

 

Hope it goes well for you with Cabot.

 

Magda

Share this post


Link to post
Share on other sites

Hi Magna

 

No, the ones i'm dealing with is Howard Cohen/CL Finance who took my account over from MBNA.

Two cases one got struck out and the other one's going to Court next month with.

Just that the one that's been struck out, have a funny feeling that might come back in play.

That's why i need to get a N244 and witness statement of to the Courts ASAP.

 

Gaz

Share this post


Link to post
Share on other sites
Wasn't your MBNA account passed to Link AC? Not sure which company is worse, Cabot or Link, although I still think Link has the edge in terms of nastiness and being an all round low-life DCA. Will draw Cabot's attention to schedule 6 again and see if that has the desired effect. According to Cabot I now owe around £15,000 on this debt - I'm sure they just pluck these figures out of thin air.

 

Magda

 

Yes, my MBNA Lemon was passed on to Link.

 

Both Link and Cabot are equally devious.

 

I am familar with the covert Cabot tactics; my OH sent them packing.

 

Also, I am familiar with cases involving Cabot and many others;

Cabot are a tricky bunch but at the end of the day they have to follow legislation.

 

As stated prior, I have seen the letter that you were sent before and relatively recently;

Ken Maynard and his sleazy crew are trying it on!

 

Remember, they will tell you anything by the use of semantics...Cabot think that we are all stupid.

 

The next letter that you get will most likely be from Morgan.

 

AC

Share this post


Link to post
Share on other sites
Hi Magna

 

No, the ones i'm dealing with is Howard Cohen/CL Finance who took my account over from MBNA.

Two cases one got struck out and the other one's going to Court next month with.

Just that the one that's been struck out, have a funny feeling that might come back in play.

That's why i need to get a N244 and witness statement of to the Courts ASAP.

 

Gaz

 

Sorry, you did say CL. Not with it today:confused:, got Link firmly on my brain most of the time at the moment and the court cases currently ongoing. it's terrible how these claims can be struck out and then sometime later (months in my case) they go back to the court and get them reinstated. I think I was just very unlucky there though, so hopefully they won't have a second try in your own particular case. You are very busy as well then with the other one to deal with as well. Good luck with it all - I know only too well what it is like and the courts don't make it any easier. Magda

 

The next letter that you get will most likely be from Morgan.

 

AC

 

 

Aren't I a lucky girl - I shall look forward to that. Glad that your other half saw them off - always nice to hear of a successful outcome. Magda

Share this post


Link to post
Share on other sites

Morgan is the in-house solicitors for Cabot, based in Rugby and at the same address as FIRE, FIRE is part of Cabot (Kings Hill No. 2).

 

AC

Share this post


Link to post
Share on other sites
Morgan is the in-house solicitors for Cabot, based in Rugby and at the same address as FIRE, FIRE is part of Cabot (Kings Hill No. 2).

 

AC

 

Thanks AC - It is probably a set up a bit like the one at Marlin, where the same person took on the role of an employee from all three companies: Marlin, their sister company, and the firm of solicitors. As you said previously, they think we are all completely stupid. Probably won't be long and a letter will be dropping through the letter box from this lot as you say. Oh well, one more to do battle with no doubt....

 

 

Magda

Share this post


Link to post
Share on other sites

Yes, a set up like Mortimer Clarke/Marlin;

Mortimer Clarke are registered with the Law Society as a one man band.

 

Morgan Solicitors are NOT registered with the Law Society; they were set up recently by Cabot as in-house legal thugs;

I cannot find them on the SRA website either as Morgan Solicitors?

Share this post


Link to post
Share on other sites
Yes, a set up like Mortimer Clarke/Marlin;

Mortimer Clarke are registered with the Law Society as a one man band.

 

Morgan Solicitors are NOT registered with the Law Society; they were set up recently by Cabot as in-house legal thugs;

I cannot find them on the SRA website either as Morgan Solicitors?

 

Hi AC, this doesn't surprise me - it's amazing how they are still allowed to operate in this manner though. Not only do they mislead (and intimidate)people (not everyone is aware of their consumer rights even now - far from it) but they continue to get away with it.

 

Magda

Share this post


Link to post
Share on other sites
Hi AC, this doesn't surprise me - it's amazing how they are still allowed to operate in this manner though. Not only do they mislead (and intimidate)people (not everyone is aware of their consumer rights even now - far from it) but they continue to get away with it.

 

Magda

 

I know!

 

Looks like TS are taking action re: second hand car dealers and pyramid selling etc

But not Banks and DCA's. Now surprise there then...:

ADMAR - News - Consumer Protection from Unfair Trading Regulations 2008 - OFT Update Home maintenance tops list of Consumer Protection cases one year on.

 

AC

Share this post


Link to post
Share on other sites

The letters are twaddle, they can't enforce a debt without having the correct paperwork.

 

If a case has been struck out they will have a hell of a job getting it reopened, they may start another case but it is easily countered as they will have substantially the same arguement.

Share this post


Link to post
Share on other sites
I know!

 

Looks like TS are taking action re: second hand car dealers and pyramid selling etc

But not Banks and DCA's. Now surprise there then...:

ADMAR - News - Consumer Protection from Unfair Trading Regulations 2008 - OFT Update Home maintenance tops list of Consumer Protection cases one year on.

 

AC

 

It's great that they are taking action against rougue traders and the like, but it would be nice to see them taking the same action against the Banks and DCA's also, which is well overdue, and as you say "no surprise there" that they haven't.

 

The letters are twaddle, they can't enforce a debt without having the correct paperwork.

 

If a case has been struck out they will have a hell of a job getting it reopened, they may start another case but it is easily countered as they will have substantially the same arguement.

 

Hi sillygirl, unfortunately they can get struck out claims reinstated at the drop of a hat, I have had two such cases recently, one they claimed not to have received any of the court orders (this is Link) - all three or four of them!! and the other they blatantly lied again and said they had posted their response in time, but it arrived late for some reason (even though I had the envelope to prove this wasn't so, the judge didn't want to know). So now both these claims are up and running again with one on the fast track:mad: They get away with murder - it's a shame the judges aren't so easy going where we (LIP's) are concerned.

 

I agree about the Cabot letters - they aren't worth the paper they are written on.

 

Magda

Share this post


Link to post
Share on other sites

Nice letter from Morgans solicitors received today - if we don't respond within one month they are issuing court proceedings. There were actually two letters, one for the ex MBNA account, one for ex Hitachi Nova, actually written to them recently asking for clarification on a lot of points re: the Hitachi account, but absolutely no response. They then have the nerve to quote the civil procedure protocols to me. Ah well....

 

Magda

Share this post


Link to post
Share on other sites

Title changed as requested :D


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

Many thanks CB

Share this post


Link to post
Share on other sites

Well court papers received today finally, although the account is very much in dispute, or should I say accounts, as they have lumped two completely separate accounts together as one claim.

 

One is for around £500 for a debt with Hitachi Nova (DFS) and the other ex MBNA one is for over £15,000, although less than a year ago it was around £8-9,000 or so. Big increase over a short period there it would seem.:rolleyes: There will be a lot of unlawful charges/interest on this account I'm sure.

 

The claim has been issued via Northampton, so will acknowledge on line (getting to be an old hand at this now, unfortunately:D) and the POC are:

 

"The claimant is the assignee of a debt(s) from Hitachi Nova Retail credit ref xxxxxx MBNA Europe Bank Ltd Credit card ref: xxxxxxxxx (these ref are their own, not those applicable to the original accounts) Notice of Assignment having been given to the defendant in writing. Despite demand for paymet £16,000+ (I haven't put exact figure)remains due. The claimant claims £xxxxxxx and interest under s69 County court Act 1984 and costs."

 

Can they lump two separate accounts together like this for one claim. Will make it very complicated to defend, especially when it actually gets to court (if it does) because they are entirely separate issues.

 

I have been corresponding with Morgan's disputing these debts and still have not received a response to my last letter re: Hitachi Nova and the queries raised, and only yesterday received a response re: the MBNA one, but despite this court papers arrived today.....

 

The MBNA 'agreement' is a typical MBNA application form from 1998 - no prescribed terms, which according to Cabot is enforceable as it states in small print "I have received a copy of MBNA's t&cs and according to Cabot, it is here that the prescribed terms can be found. They state over and over again that s189(4) allows for this. The only t&cs provided are the current ones, so they don't even have the originals.

 

With the Hitachi Nova one it was interest free. PPI added against our wishes. Agreement signed by retailer a day before we actually signed (they signed 1st January :confused:, our signature on 2nd Jan) which I asked Morgans to explain, no response. I informed Morgan's that no PPI had been requested (box not ticked) but we were charged for the premium. Also they had added interest at hefty amounts, again pointed out the agreement was interest free. They then backtracked and said they would refund PPI and interest (they say that was an oversight) leaving around £500 outstanding. Wrote recently asking to see the Assignment document, but again no response. As the agreement was interest free would it still need to be a multiple agreement showing the monthly premium they were charging on top of the premium for the loan itself and the fact that this should also be )0% APR.

 

No default mentioned in POC, don't remember receiving any.

 

Any advice on dealing with Cabot/Morgans and dealing with these claims much appreciated. regards, Magda:)

Edited by MAGDA

Share this post


Link to post
Share on other sites
The claimant claims £xxxxxxx and interest under s69 County court Act 1984 and costs."

 

tsk, tsk.. no they cant.. these are agreements under the Consumer Credit Act arent they ?.. and they fail to plead that as well.

 

You will need to send off either the CPR18 or CPR31.14 request for information.

 

have you had the NOA's for both these accounts

 

Have you had default notices for both these accounts and are they valid?

 

Have you got copies of the agreements. They should surely be claiming on the correct account numbers as well.

 

I am not sure if they can lump the two together or not.

 

From date of issue you get 5 days for receipt, then you need to acknowledge service within the next 14 days and have your defence, embarrassed or full with a further 14 days.

 

That is 33 days from the date of issue to have your defence in. Make a note of the date:)


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites
tsk, tsk.. no they cant.. these are agreements under the Consumer Credit Act arent they ?.. and they fail to plead that as well.

 

You will need to send off either the CPR18 or CPR31.14 request for information.

 

have you had the NOA's for both these accounts

 

Have you had default notices for both these accounts and are they valid?

 

Have you got copies of the agreements. They should surely be claiming on the correct account numbers as well.

 

I am not sure if they can lump the two together or not.

 

From date of issue you get 5 days for receipt, then you need to acknowledge service within the next 14 days and have your defence, embarrassed or full with a further 14 days.

 

That is 33 days from the date of issue to have your defence in. Make a note of the date:)

 

 

many thanks CB, yes, these are CCA regulated agreements, which as you say, they don't mention. No NoA for either account - they sent me a 'generic' NoA for the Hitachi account stating "it was in the same format as the original NoA that would have been sent"

 

No DNs either. Not that I'm aware of anyway, and they haven't provided any copies as yet.

 

Also, it seems strange to sue for two entirely separate accounts (not even the same company originally - I know that sometimes happens, i.e., Nwest Credit card and loan for example) these are not related in any way whatsoever, and I will be defending on entirely different issues, so very odd.

 

Will send off a cpr 18 as recommended and might do a cpr 31.14 to ask for copies of the Assigment document itself, as it's mentioned in their POC.

 

have received copies of the so called agreements, one is an application for MBNA, the other seems to be ok, but possibly a multiple agreement.

 

Cabot seem to be gunning for a lot of people on the forum at the moment, although from what I gather, they tend to specialise in purchasing unenforceable debts.

 

Many thanks CB for your help,

 

Magda

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...