Cabot/Morgan & My Monument card case

[BeauBrummie]

Posted edited and info deleted

 

Note to myself

 

Learn to look at previous posted information before posting about information that is already on here.

 

Beau

Edited March 11, 2010 by BeauBrummie

[BeauBrummie]

Diddy.

 

Their P.O.C.

 

"The Claimant is part of the Caot Financial Group and has purchased the debt(s) scheduled below. Despite requests for payment the Defendant has failed to pay the sum of £3405.09 in relation to the Defendant's Monument Credit Card account. Number ...007

 

An the Claimant claims the sum of £3570.09 to-gether with interest undersection 69 of the County Courts Act 1984 and costs.

 

No mention of "only claiming the arrears", then.

 

BTW the credit card a/c No. quoted above is incorrect.

 

would it have any significant implications?

 

fussey

 

Very wierd this, the POC on mine is the same and again no mention of arrears and yet I have a WS that says that all they want to collect is the arrears:confused:

 

Beau

[BeauBrummie]

Now it is up!. They have learnt from 2003; mine didn't allow 7 days issued on 10th with remedy by 17th .

 

Well they did not learn that quick:p

 

Mine has exactly the same wording as Sir Fuss, but I have page 1 letter dated 17th and remedy by 24th in 2005.

 

Would seem action was taken around end of 2005 to lengthen the time given to remedy defaults.

 

Beau

[BeauBrummie]

Has anyone had a response to an SAR request from Monument?

 

I have written to the Leicester address and the letter was signed for but I have not received any acknowledgement that they will provide the information.

 

Also I cannot seem to contact them by phone - anybody any clues.

 

Beau

[Hadituptohere]

Hi I sent mine to the Monument Leicester address and received a responce from Barclays which was basicly a small list of charges, I then went and issued against them for none compliance and eventually received all thay had after the judge awarded in my favour (still wasnt much)

 

Hadituptohere

[sir fussalot]

Hiya Beau,

 

I have S.A.R,'d Monument at their Northampton Addy.

 

signed for on the 10th Feb. Still no acknowledgement or other,,

 

Also S.A.R.'d Barclay's. Received 2nd April.

 

BTW.

 

I S.A.R'd Cap One. recv'd, 26th Jan.

 

letter back from a " M Miller", who,

 

" I deal with requests for information under the data protection act 1998",

 

Unfortunatley I am unable to review these for you as your letter was not signed".

 

Sent back letter telling them did not say in the act that it had to be signed

and was the same address that the had previously sent statements to, and been given by them to a third party. (template from site). and reminded them of the expiry date for compliance. ( sent it for the attention of M.Miller.)

 

Received letter yesterday, from "Sven Lagersberg", who " I deal with requests for information under the Data Protection Act 1998".

 

Unfortunatley, I am unable etc. not signed.

 

( M. Miller been fired for incompetance ? )

 

The 40 days expired on 7th March, still no doc's.

 

Anybody know of a template for non compliance?

 

I was going to contact Head office for the personal attn of the Data controller, giving him 7 days.

 

 

fussey

Edited March 11, 2010 by sir fussalot

[cymruambyth]

I lodged a complaint on a teplate on the ICO site. Found in my favour; Bcard took £75 off my bill! Great result:rolleyes:

[mercyblue]

If they are claiming arrears only why haven't they sent you a notice of arrears as required from 1st oct 2008

 

Notice Of Arrears - annualcreditreport

 

Arrears must assume an ongoing account otherwise it is arrears on what? You cant have arrears on a terminated account because there is nothing to have arrears on.

So if it is an ongoing account why don't you get monthly statements with the arrears steadily increasing then?

 

Note the use of the word debt on the poc it doesn't say account.

So if it is an ongoing account (which we know is complete rubbish) then they have no cause to sue because there is still no DN.

[sir fussalot]

Mercyblue.

 

Thank you for that... its an interesting site you have linked.

 

Needs careful study..

 

" [if they are claiming arrears only why haven't they sent you a notice of arrears as required from 1st oct 2008]".

Knowing Cabrot, they would probably say that , as they are only claiming arrears, it doesn't apply to them.

 

 

Thanx

 

fussey

[sir fussalot]

Hello,

 

re; Mercyblue's post above;

 

quote,.

 

Notice Of Arrears

 

As required from 1 October 2008, a formal letter which has to be served when a customer is two months in arrears and at six month intervals after that. Content is specified by the Regulations.

Failure to do so results in agreement being unenforceable if customer does not comply with agreement.

 

Will that cover the 1974 Consumer Credit Act. My card is from 2002

 

fussey

Edited March 11, 2010 by sir fussalot

[sir fussalot]

Well, well, well, Heres a thing;

 

Cabrot have still not produced a Notice of assignment.

 

The "Redacted" copy supplied is all Blacked out. No a/c numbers or my adress, or even name, etc.

 

The still insist that the copy of a "representation of what would have been sent", on the

3rd October 2006 is good enough;

 

This apparently informs me that on 27th september 2006 my account was sold to Kings Hill. (now cabot (UK) )

 

BUT

 

On the second page of the "Redacted" Sale Agreement, it says;

 

"This account sale agreement dated 12th October 2005.

is made and entered into by and between Kings Hill (the buyer)

and Barclays bank,(the seller)

 

Just wondering if there is any mileage in the dates not tallying?

 

Fussa

[sir fussalot]

And reading their representation of what would have been sent.

 

it says. "Any further communications AND payments must therefore be

addressed to Cabot financial directly at the address below."

 

Address Below..

Cabot Financial (EUROPE)Ltd

 

But; Cabot Financial (UK) Ltd made the Claim

 

:confused:

[mercyblue]

If I remember right the notice of arrears appears in the 2006 act so yes will cover you.

If cabot claim they don't need to send one - which like you say they probably will - then surely they are admitting there is no account and hence no amount can be arrears.

Cabot must really be clutching at straws.

The question still remains arrears on what?

[tedney]

mercyblue

I would be interested to see your views on my thread here: http://www.consumeractiongroup.co.uk/forum/natwest-bank/178675-natwest-terminated-overdraft-2.html#post2819700

Please take a look if you don't mind, thanks

T

[sir fussalot]

Well it's two day's late, but Heres My Witness Statement.

 

 

 

In The XXXX County CourtClaim Number: XXXXXX

 

 

Between;

 

 

Cabot Financial (UK) Limited Claimant

-v-

XXXXX XXXXXXX Defendant

 

 

 

 

Witness Statement of XXXXXXXXXXXXX

 

 

I am XXXX vxxxx the Defendant in this case and wish to make this

Witness Statement.

 

 

1 On the 5th September 2008, I received a letter from a company called,”Fire”.

They informed me that they represented a company called,”Cabot Financial

Group”. They said I owed a debt of £3114.34. to Cabot and wanted full payment.

Exhibit F12

 

 

2 I wrote back to “Fire”, asking what this alleged debt was for. They passed the letter on to Cabot,

who acknowledged receipt of my question in a letter dated 18th November 2008 .They informed .

me that it was for a “Monument” credit card, opened in January 2003.

Exhibit CA1

 

 

3 They stated that the said account was “Defaulted” on 28th August 2006.

They did not ask for any payment.

 

 

4 As this information was incorrect, On the 22nd November I wrote asking to see a copy of the

original agreement. Also to confirm who I was now dealing with, Cabot or Fire.?

Exhibit CF1

 

 

5 On the 2nd December 2008, I received a reply from Cabot, “acknowledging my request for

Information under the CCA Act.”

The letter informed me that, ”Cabot was NOT obligued to supply this information, but that

they were “pleased to help”, and had requested the information from the original lender”.

They stated that they anticipated being able to supply the information within the 12 day

time limit.

Exhibit CA2

 

 

6 On the 16th of December 2008 Cabot wrote to me to tell me that they still had not been able to.

supply the requested documents, and that as a “Gesture of Good Will”. They would place my

“account”, on hold.

Exhbit CA2b

 

7 On the 29thDecember 2008, Cabot wrote once again to say they still could not provide a copy of

the requested documents. They had now had 27 day's to comply with the CCA request.

Exhibit CA2c

 

 

Section 78(6) of the CCA 1974 states:

 

If the creditor fails to comply with , s 77/78 Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.Despite this

. Cabot continued to apply interest charges to the account

 

8 On January 9th 2009, I received another letter informing me that no documents were to be

forthcoming.Interest continued to be added.

Exhibit CA3

 

9 In a letter dated 6th April 2009, Cabot declared that ,”All relevant information had now been

provided”.Over 4 months from my initial request.They enclosed,” Credit Agreement.This was

The application Form.

Statements of account. (copies)

Terms and Conditions. Did not match up to alleged “agreement”./application form

“Introductory” letter was not in letter.

Exhibit CA 4

( the statements are not included in this exhibit CA 4.they are in the Claimants Trial Bundle-

and are not disputed.)

 

10 The “copy” of the “Notice of Assignment” had a handwritten note at the top of the letter,

saying,”Representation of letter dated 3/10/06.” It is unintelligible and unsigned, and as such

offers no evidence as to the Claimants stance that a Notice of Assignment was sent. And I put

the Claimant to strict proof that it was with evidence of the same.

Exhibit D2

 

 

11 A t the end of August 2009 I received a County Court Claim from Cabot via Northampton

County Court.I acknowledged the same, and it was transferred to Walsall County Court.

 

12 The Particulars of Claim were vague, with, “Despite requests for payment the Defendant has

failed to pay the sum of £3405.09. In relation to the Defendants Monument Credit Card a/c.”

With no mention of what charges were incorporated or how calculated or on what basis..

 

12 On the 3rd September 2009 I wrote special delivery to Morgans, Cabots inhouse solicitors.

with a CPR request.

Exhibit CA5 and CA5a

 

 

13 This was received and signed for at Morgans on 4th September 2009.

Exhibit R1

 

14 The CPR request was vital in order for me to be able to conduct a proper defence as there

appears to be many flaws with this case.However despite a follow-up letter posted 1st class

I had still not received an acknowledgement or reply from Morgans.

Exhibit R2

 

 

15 On the 6th October 2009, I received a letter from Morgans solicitors regarding my CPR request.

They claimed that the “undated letter was received at their office on 4th October.”

The signed letter was delivered on the 4th of SEPTEMBER according to the Royal Mail.

( I refer to Exhibit R1 above; (signature). )

 

 

16 The letter (above), contained,

A a copy of the application Form.which they referred to as the -

agreement.

B Copy of different set of Terms and Conditions

 

 

C Copies of account statements.

 

 

I was also informed that they had requested a copy of the Deed of Assignment from their storage

facility, however, this could take up to aweek to retrieve.

Exhibit CA7

 

 

 

 

17 In the same letter, (above) They have implied that there is no Default Notice, as they were not

necessary.

However, they then go on to say that they would only be required in certain circumstances.

One of these circumstances would be the Termination of the account.

 

 

18 If that would be the case, no Default Notice, then the account would have been “unlawfully

Terminated”. An unlawful rescission would lead to a claim for Damages.

 

 

19 In view of these documents NOT being forthcoming, it has been hard to form a “just and proper

Defence”.

 

 

20 Despite the assurance of the earlier letter from Morgans claiming the Notice of assignment

could take up to a week, there was still no sight of this document.

 

 

21 As this document is key as to whether the Claimant has a right to bring a claim, I asked the

court to make these crucial documents available at the hearing of 5th February 2009.

 

 

22 His Honour Judge Crowley made a court order for the original documents to be brought

to the hearing of the 5th February 2009.(page 1 of Court Directions Order dated 11th November

2009. order number 7).

Exhibit CO1

 

 

23 The court order was ignored by the Claimant, and no documents were available at the

hearing.

 

 

24 My Witness Statement was missing from the Hearing, so His Honour Judge Crowley,

was minded to have to adjourn, However it was discovered that the Claimants representative

had not brought the documents as ordered so, by mutual consent, it was agreed to adjourn.

 

 

25 The Claimant was ordered to supply a copy of the Deed of Assignment. However, the

Claimant averred that “due to the

commercially sensitive nature of the Deed”, it would

need to be a “Redacted” copy. This was accepted by the Defendant.

 

 

26 The Redacted copy of the Deed of Assignment as supplied to the Defendant is no evidence

to support the Claimant's case that he is entitled to bring this action.

 

 

27 It has been unnecessarily blacked out in key places, and makes no referral to the Defendants

account.

 

 

28 I have still NOT been supplied with the Default Notice, nor the termination Notice, if at all.

Neither has the Claimant shown that he is entitled to bring this action.

 

 

29 The Claimant has failed to show any evidence that he has title to pursue this case, if at all. The

Claimant has failed to support his claim with an executed credit agreement, and failed in his

responsibilities under CPR rules.His actions thus far, have not helped the Defendant to be

able to assess whether or not there is a case to answer.

 

 

 

 

I believe this Witness Statement to be true.

 

 

Signed..................................................

[diddydicky]

personally, i would condense the witness statement something along these lines.

 

They have it would seem now complied with your CPR request so they have to base their case on the documents they have supplied- you therefore cannot continue to state that you cant compose a full defence- you have to- based on what they have supplied.

 

IMO

 

 

 

Well it's two day's late, but Heres My Witness Statement.

 

 

 

In The XXXX county courtClaim Number: XXXXXX

 

 

Between;

 

 

Cabot Financial (UK) Limited Claimant

-v-

XXXXX XXXXXXX Defendant

 

 

 

 

Witness Statement of XXXXXXXXXXXXX

 

 

I am XXXX vxxxx the Defendant in this case and wish to make this

Witness Statement.

 

 

1 / On or about Agust 2008 I was contacted by "Fire" who acted on behalf of CABOT and was informed that i had defaulted on a "monument" credit card agreement which i had taken out in 2003

 

2/ On 22nd November 2008 , I made a request under s78 CCa for a copy of the aforementioned agreement

 

3/ On 4th April 2009, i received, in response to that request , a copy of a pre contractual application form which was purported to be a true copy of the executed agreement and a statement of account. I also received a separate document containing terms and conditions.

 

4/ A “copy” of the “Notice of Assignment” which was supplied contained an intelligable handwritten note at the top of the letter,

saying,”Representation of letter dated 3/10/06.” It is unsigned. It offers no evidence as to the Claimants claim that a Notice of Assignment was served. And I put the Claimant to strict proof that it was with evidence of the same.

Exhibit D2

 

 

11 A t the end of August 2009 I received a county court claim from Cabot via Northampton

county court.I acknowledged the same, and it was transferred to Walsall county court.

 

12 The Particulars of Claim were vague, with,

 

12 On the 3rd September 2009 I made a request under CPR 31.14 and requested copies of the following documents mentioned or referred to in the claimants POC XXXXXXXXXXXXXXXXXX I sent this special delivery and it was signed for by Morgans the following day 4th September 2009

 

 

13 This was received and signed for at Morgans on 4th September 2009.

Exhibit R1

 

 

15 On the 6th October 2009, I received a response from Morgans solicitors regarding my CPR request. They supplied a copy of an application form, statement of account and a set of terms and conditions (which were different to those supplied under s78) the letter intimated that a default notice was never served . The letter claimed that a copy of the NOA would follow. It did not.

 

18 the letter claimed that a default notice was only required in the event of an intent on their part to terminate the agreement.

 

 

21/ The copy of the deed of assignment is key as to whether the Claimant has a right to bring a claim, and following the claimants failure to provide this I asked the court to order the claimant to comply

 

 

22 His Honour Judge Crowley made a court order for the original documents to be brought to the hearing of the 5th February 2009.(page 1 of Court Directions Order dated 11th November

2009. order number 7).

Exhibit CO1

 

 

23 The court order was ignored by the Claimant, and no documents were available at the hearing.

 

 

24 My own Witness Statement was also missing from the Hearing, so His Honour Judge Crowley, ordered an adjournment which was agreed by both parties

 

 

25 It was agreed between the parties that the copy of the deed of assignment provided by the claimant would be a redacted copy due to commercial sensitivites

 

 

26 Due to markings out on the The Redacted copy of the Deed of Assignment which was subsequently supplied by the claimant- it shows no evidence to support the claimants right to bring an action against the defendant

 

 

27 It has been unnecessarily blacked out in key places, and makes no referral to the Defendants

account.

 

 

28 I have still NOT been supplied with the Default Notice, nor the termination Notice, if at all.

Neither has the Claimant shown that he is entitled to bring this action.

 

 

 

 

I believe this Witness Statement to be true.

 

 

Signed................... ......................... ......

 

 

If you use this you would need to check that i have got the facts right

[patrickq1]

And reading their representation of what would have been sent.

 

it says. "Any further communications AND payments must therefore be

addressed to Cabot financial directly at the address below."

 

Address Below..

Cabot Financial (EUROPE)Ltd

 

But; Cabot Financial (UK) Ltd made the Claim

 

:confused:

 

who actually purchased the debt uk or eu ,

[cymruambyth]

I think UK purchase but Europe administer the account

[mercyblue]

No point in quoting any part of CCA act. Plus why have you included 17 and 18. 17 you state this "implies" how can that be considered a fact then in 18 you use your own implication so a no no. A WS should just contain facts it isn't a place to set out a defence. So if they haven't sent you a DN just put exactly that. I think you need to go through your WS and take out anything that isn't a known fact and anything that you think results from that fact.

[patrickq1]

another tax dodge....ask the inland revenue if this is correct procedure and have monument claimed a tax loss? further you cannot except the redacted copy as being the origional and the copy they have sent albeit redacted if you are sure that this does not look anything like the origional you must in the strobgest terms object to this and ask for the full unredacted origional copy ...personally i would never accept this see vjjohns witness statement regardless of sensitive information this concerns you and his copy they have produced needs to be examined by an expert witness...you may accept it DD but me i would be screaming if i got that have another look at it DD and tell me you beleive that blanked out peice of crap they sent is right....also look at how shakespeare got his expert witness and ask the judge to accept this avenue,,,it need serious revision your witness statement fus

patrickq1

[diddydicky]

i wasn't aware i had "accepted it" (i presume you mean the assignment)

 

my post was merely suggesting cutting all the fluff out of the statement- in order that the court could just concentrate on the facts

[patrickq1]

sorry i knew you meant that cut out all the i guess stuff i meant to say that lol...i was pressuming ahead of myself you meant accept the redacted copy i dont think you did and i dont think for one minit you would let that cross your door as acceptable...it is a joke really when you look at the redactions and this has to be emphasied ,that it is unnacceptable in its present state i would be looking at shakespeares and vjjohns witness statements that was what i meant to clean up this one like you say DD it really needs work on it and urgently

hope you understand...and you fuss you gotta clean it up just facts as you know them ,you can cast serious doubt on the redacted copy by refusing to accept that and asking for the judge to accept a expert witness that is recognised by the courts look up the address on shakespeares and start calling them..they are after all independant otherwise your gonna roll over on this ...you need help quisckly give PT a call if possible

patrickq1

[diddydicky]

i think we are getting at cross purposes here

 

i don't have any issues with assignments- i was merely offering advice to sir fussalot on how to reduce his witness statement by cutting out the bits that the court will not be interested in

 

as far as comparrisons with shakespeare and his expert witness is concerned- i dont think i would recommend the same course in the case of the assignment

[sir fussalot]

Hiya.

 

Thanks all, for your input. I must have spent 12 hours on this statement in total..

But I have learned what its purpose is, and not to put in anything that is not applicable... thanx DD.. this ones gone, and a copy to the enemy

 

 

 

I am Mrs Mouse the Defendant in this case and wish to make this Witness Statement.

 

 

1 On or about Agust 2008 I was contacted by "Fire" who acted on behalf of CABOT and was

informed that I had defaulted on a "monument" credit card agreement which I had taken

out in 2003

 

2 On 22nd November 2008 , I made a request under s78 CCa for a copy of the aforementioned

agreement

 

3 On 4th April 2009,I received, in response to that request , a copy of a pre contractual application

form which was purported to be a true copy of the executed agreement and a statement of

account. I also received a separate document containing terms and conditions.

 

 

4 A “copy” of the “Notice of Assignment” which was supplied contained an intelligable

handwritten note at the top of the letter, saying, ”Representation of letter dated 3/10/06.”

It is unsigned. And the rest of the letter is completely unintelligible.

It offers no evidence as to the Claimants claim that a Notice of Assignment was

served. And I put the Claimant to strict proof that it was, with evidence of the same.

Exhibit D2

 

 

 

 

5 A t the end of August 2009 I received a County Court Claim from Cabot via Northampton

County Court. I acknowledged the same, and it was transferred to Walsall County Court.

 

6 The Particulars of Claim were vague.

 

7 On the 3rd September 2009 I made a request under CPR 31.14 and requested copies of the

following documents mentioned or referred to in the claimants POC.;

 

 

a) a copy of the executed credit agreement

 

b) a copy of the Assignment

c) a copy of the Default Notice

 

 

I sent this special delivery and it was signed for by Morgans the following day,

4th September 2009.

Exhibit R1

 

8 On the 6th October 2009, I received a response from Morgans solicitors regarding

my CPR request.

 

 

9 They supplied a copy of an application form, statement of account and a set of terms

and conditions different to those supplied under s78. The letter intimated that a Default

Notice was never served. The letter claimed that a copy of the assignment would follow,

it did not.

 

 

10 The letter claimed that a default notice was only required in the event of an intent on their part

to terminate the agreement.

Exhibit CA 7

 

 

11 The copy of the deed of assignment is key as to whether the Claimant has a right to bring a

claim, and following the claimants failure to provide this I asked the court to order the

claimant to comply

 

 

12 His Honour Judge SMITH made a court order for the original documents to be brought to the

hearing of the 5th February 2009. ( page 1 of Court Directions Order dated 11th November

2009. order number 7 ).

Exhibit CO1

 

 

13 The court order was ignored by the Claimant, and no documents were available at the hearing.

 

 

14 My own Witness Statement was also missing from the Hearing, so His Honour Judge SMITH

ordered an adjournment which was agreed by both parties.

 

 

15 It was agreed between the parties that the copy of the deed of assignment provided by the

claimant would be a redacted copy due to commercial sensitivites.

 

 

16 Due to markings out on the The Redacted copy of the Deed of Assignment which was

subsequently supplied by the claimant- it shows no evidence to support the claimants

right to bring an action against the defendant.

 

 

17 It has been unnecessarily blacked out in key places, and makes no referral to

the Defendants account.

 

 

18 I have still NOT been supplied with the Default Notice, nor the termination Notice, if at all.

neither has the Claimant shown that he is entitled to bring this action.

 

 

I believe this Witness Statement to be true.

 

 

Signed................... ......................... ......

 

 

 

 

 

 

A copy of this witness statement has been posted special delivery to Cabots solicitors

(Morgans, Rugby. On 16th March for delivery 17th March 2010)

 

Halleylooya, (cant spell it properley)

 

If the original court order, on the 5th feb, (which had to be adjourned),

was for the original documents to be bought to court. Will that order still be required ?. as that way, they will have to disclose.

 

fussey.

[sir fussalot]

This is the assignment letter they sent.

Edited March 16, 2010 by sir fussalot