Cabot/Morgan & My Monument card case

[sir fussalot]

Hello Hungry..

 

Nice to hear from you BUT. nicer to read your answer..

 

The last acknowledgement was a £1 payment in 2006, can I assume the

clock was TICKING from then..?

 

 

fussy

[cymruambyth]

No agreement = no enforcable debt.

Just to say not all DJs know the law:eek:

[BeauBrummie]

 

P.S. have you got a C.C.J. in your case. ? i.e. is it still outstanding.

 

Probably not yet registered but it will be very soon:( case only went to court 3 weeks ago.

 

Beau

[hungrybear]

No agreement = no enforcable debt.

 

Just to say not all DJs know the law:eek:

 

 

I agree. In your defense you must assume nothing. Hit them hard with case law and specific statute for every single contested statement. Assume the DJ is an 'educated idiot' and that s/he will believe everything the other side say because they are corporate UK. The only job of the DJ is to work on the balance of probability of who is right based on what is presented in court.

 

Fussy - if that was the last time you paid or said you owed then yes.

[sir fussalot]

Hiya both.....

 

I realise what you are saying, I have a lot of "swotting" and rehearsing

 

and at the back of my mind will be.... its there, if you don't put it over correctly and fluently you will lose it....

 

This in mind, I have just phoned the court to ask if the otherside has put in their A.Q's. The nice lady at the court said she couldn't see any..

 

sooooo, what happens if they miss the deadline for returning their A.Q's.?

I am assuming that they will have had to do this too..

 

Addendum..... just phoned the court again, and been told Small Claims for Feb 2010. order will be going out for me later to-day.

 

She said that this means we have to tell the other side what the evidence is.

and vice versa (I assume)

 

s.f.

Edited November 17, 2009 by sir fussalot

[BeauBrummie]

Hiya both.....

 

I realise what you are saying, I have a lot of "swotting" and rehearsing

 

and at the back of my mind will be.... its there, if you don't put it over correctly and fluently you will lose it....

 

This in mind, I have just phoned the court to ask if the otherside has put in their A.Q's. The nice lady at the court said she couldn't see any..

 

sooooo, what happens if they miss the deadline for returning their A.Q's.?

I am assuming that they will have had to do this too..

 

s.f.

 

Based on my case history the AQ was in early and they submitted an app for SJ.

 

If they do not file on time you can complain to the court that they have not followed the Judges order----but that is about it really. If they do not file at all, then you can ask the court to force them to submit or face a strike out order.

 

Beau

[cymruambyth]

Hi they delivered late for me and the court were going to issue an order, but it arrived before it was issued.

[hungrybear]

Hi they delivered late for me and the court were going to issue an order, but it arrived before it was issued.

 

 

Like I said they play silly buggers to try and throw you AND THE JUDGE of balance

[alangee]

Fussy

 

With regards to your default notice. Prior to October 2006, they only had to give 7 days notice for repairing the breach. Your DN is dated 10th April 2006, and they have given you until 24th April, so I think you will find that they have given you enough time.

 

You clearly have an application form which they regard as an agreement, so their arguments should be defeated long before any DN gets added to the into the fray.

 

Alan

[sir fussalot]

Alangee....

 

Thank you for that.

 

Now I know that that is 1 point dealt with..(better here than in a court)

 

I can concentrate on the "No Agreement" aspect

 

Cheers

 

Justoutofinterest.....

 

they gave me the date of 24th. but acted before the date they had given me.

is there any "mileage", in that ?

 

s.f.

[cymruambyth]

That may still be unlawful recission. Although they have to give only 7 days, the fact that they gave you a certain date to rectify surely means that any action before that date is illegal.

[sir fussalot]

Cymruambyth

 

I hope so..

 

I will find it out, I'm sure I have found a letter starting another action before the given date was up...

 

But; I have been looking thr'o that many, it could be another case!!!.

 

s.f.

[sir fussalot]

Have had the Court Order to-day

 

This is it....

 

[cymruambyth]

THat sounds quite nice, especially points 7,8 and 9, though I found that [problem] asked for and received a variation so that they don't have to produce the documents at court:(

[hungrybear]

THat sounds quite nice, especially points 7,8 and 9, though I found that [problem] asked for and received a variation so that they don't have to produce the documents at court:(

 

Civil Procedure Rule Practice Direction 16 Para 7.3 states:

7.3 Where a claim is based upon a written agreement:

(1) A copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and;

(2) Any general conditions of sale incorporated in the contract should also be attached (but where the contract is or the documents constituting the agreement are bulky this practice direction is complied with by attaching or serving only the relevant parts of the contract or documents)

[sir fussalot]

Here is what I asked for in a DRAFT ORDER in my A.Q's..

 

 

"On the 3rd of September 2009 I requested the disclosure of information pursuant to the civil procedure rules.This was delivered and signed for on the 4th September 2009 at the offices of Morgan solicitors. ( proof of delivery available). Copy attached ref; “B”

 

 

I received no reply until the 6th October 2009.Where the letter stated that their office had received my request on 4th October 2009.

(copy attached ref; “C”)

 

 

The requested information is vital to file a full and complete defence against the case from the CLAIMANT.

 

 

To date, the Claimant has ignored my request, and has only supplied an illegible copy of the application form, illegible copy of Terms & conditions and stated that a Default Notice is not required, along with a few statements

 

 

 

 

As a litigant in person, I would respectfully ask the court to enforce this request for the information. Should the court also think fit, with regards to the time the claimant has already had regarding this request, that the claim be struck out if not presented in what the court considers to be a reasonable time.

 

 

I would ask the court to allow me to enter a revised defence/counterclaim if the CLAIMANT successfully provides all the information requested.

 

Now IF,

They turn up with anything, can I take my AMENDED Defence and will it be allowed..

OR IF,

Theyhave nothing new added or supplied, can I ask for a "Case dismissed"

 

sir fussalot

Edited November 25, 2009 by sir fussalot

[cymruambyth]

Civil Procedure Rule Practice Direction 16 Para 7.3 states:

7.3 Where a claim is based upon a written agreement:

(1) A copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and;

(2) Any general conditions of sale incorporated in the contract should also be attached (but where the contract is or the documents constituting the agreement are bulky this practice direction is complied with by attaching or serving only the relevant parts of the contract or documents)

 

Yes and originally my DJ had requested this, but following a request from [problem], he changed it to 'any documents in their possession', which opens up a whole new line of questioning!!!

[hungrybear]

Nice one fussy, if you've not sent it yet I would add in direction 16, if you have sent it send a copy to morgans with a cover letter reminding them of d16. About the DN, cannot remember off the top of my head - might be section 127? Anyway it's explicit in the Act that a DN is need to begin court.

 

and court = termination therefore no dn = unlawful recission!!!

 

(BTW some idiot acting for DLC threatened me with court yesterday - they got a 'bring it on meatsack' fax 10 minutes later - fingers crossed they grow a spine!!!

[sir fussalot]

Hiya H.B.

 

Its nice to have a sense of purpose in life innit'.

 

just a point whilst I have 2 educated brains on the thread. Hello Cymruambyth......

 

Is a TERMINATION of an account the same as CLOSING an account.

 

( Sorry to appear dense But; we may be talking Legal Definitions here)

 

s.f.

 

WOW. first time I have spelled Cymruambyth correctly without writing it down first !!!

[sir fussalot]

I may be just keeping my head above the water here with strategies etc.

 

But I was going to send Morgans. (I take it that I respond to Morgans, Cabrots solicitors, and NOT Cabrot direct. :?) Part of the letter H.B. quoted in post # 65 and ALL that I will rely on, e.g. Quotes from the C.C. Act regs AND case law precedents etc.

 

Then I was going to see it from their point. That is to try and get around MY argument, in order to then be able to counter their attack.

 

Blimey!, it all sound's sooo simple.....:-|

 

 

s.f.

[cymruambyth]

.

 

Blimey!, it all sound's sooo simple.....:-|

 

 

s.f.

 

:lol::lol:

[hungrybear]

It is all sooo simple until and unless you get an idiot for a DJ who thinks he is the law rather than enforceing the law!

 

Closing the account constitutes termination as far as I know - but taking you to court definately does. Yes I think 127(3) etc is good. You could always go for a strike out direction on the grounds of none complience with Direction 16 which brings us into vexacious litigation based on hearsay.

 

Cymruambyth (which I spell with a simple copy/paste!):

what documents inthe possession of scm did the dj rely on?

[sir fussalot]

Hiya All, Happy New Year. Here we go, second's away round 3.

 

The Order said, (6) all parties must deliver to every other party and to the court office, copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.

 

Hearing on 2nd Feb, so 14 days end to-nite 20-Jan..

 

No papers, or any correspondence from the other side...

 

I asked in my AQs that after this time i may be granted a further 14 days for my defence, although he didnt say anything about this in his "order".

As I have not been able to furnish any evidence etc.. Would I ring the court up tomorrow and explain, or not?

[patrickq1]

idiot for a DJ who thinks he is the law rather than enforceing the law!

more often than not this is whats happening hb...

[patrickq1]

Closing the account constitutes termination as far as I know

yes closing the account is termination...you will also find that MSDW sold all the accounts without default notice and also issued a nil balance on the statements...they cannot undo the termination and have blown it with the nil balance on the statements ive got the same davefirewalker has the same so looks like you are in same boat as us...my debt was sold to HFOC lol and they are getting hammered cause they are a caymen illse company but have now transferred their assets to eire but the ilegal assignments is whats blown it for HFOC ..