Cabot/Morgan & My Monument card case

[sir fussalot]

Hiya, SORRY, but, the case is the 5th of the 2nd. Starting to get nervous now:eek:

so, they have untill tomorrow to send me something, (hopefully they haven't got.) according to the Order. (full Order is in Post 113)

 

Heres the main bits,,

 

5) The following paragraphs set out the judges directions for preparation for the hearing. Failure to comply with the directions may result in the case having to be adjourned and the party at fault to pay costs.

The Following Directions Apply to This Claim

 

6) Each Party 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.

 

7) The original documents must be bought to the hearing

 

8) The Judge may refuse to consider a document or take it into

account if a copy of it has not been sent to all parties as required

by this order

Edited January 21, 2010 by sir fussalot
forgot to put th after 5

[sir fussalot]

Now I have phoned the court this morning, ('cause I thought it was due to be heard on the 2nd.)

 

They said that if I hadn't received anything by to-morrow, to send a letter to the court.

Fair enough!

 

But as I can't put my defence up until I receive anything off them, should I just wait., Bearing in mind, paragraph 6 of above. I don't want to give the

immpression that I haven't complied with anything.

 

I will hand deliver my letter to-morrow.(if I haven't received anything.)

 

What do you think?

 

S.F.

Edited January 21, 2010 by sir fussalot

[sir fussalot]

Here is my letter to the court. I delivered it by hand FTA of the Case Manager

 

 

sir,

regarding the order copy attached, number 6 (highlighted).

 

 

At this time I have received no correspondence from Cabot whatsoever.

 

 

As requested in my Allocation Questionaire,

 

 

Without production of the requested documents, as ordered by District Judge XXX I am at a disadvantage

and am unable to serve a proper Defence.

 

 

Failure of the Claimant to supply the requested documentation will make the case much harder for the court to deal with, as without production of the requested documentation it could inhibit the courts ability to deal with the case.

 

 

A copy of this letter has been sent to Cabot, (the Claimant)

 

 

I await your instructions.

 

 

XXX XXXXX

[sir fussalot]

Well Hungry, are you out of hibernation yet?........

 

What yer think?...

[patrickq1]

subbing dude good luck

patrickq1

[sir fussalot]

Sorry for confusion; at the last min' I found this from PT537. so I changed

it slightly......... This is what I have handed in to court. Incidentally, they do not give a receipt for letters, unless it contains a cheque, but they stamp the date on it in front of you. If you need a stamp for proof of receipt, then take a copy with you and they will stamp it.

 

 

 

 

For the Attention of the Case manager

ZZZ County Court

 

 

Case No. A.N>

ABC DEF (Defendant. Cabot Claimant)

Dear Sir.

 

Further to the order made by District Judge XXX sitting at the ZZ County Court

on Wednesday 11th JULY 2009. (para 6 on Directions.)

 

I note that the claimant has now failed to submit any documents supporting their case despite being ordered to do so.

 

The claimant has had every opportunity to file such documentation and the size of the organisation, it is not unreasonable for them to have filed such documentation on time at the first opportunity, they have since been given a second chance to file documents by order of District Judge XXX and they appear to have ignored the Honourable Judges orders and have failed to comply as directed.

 

 

The order was a result of not supplying the said documents when originally requested on 4th-

September 2009 re CPR 31.14.

 

The result of this failure is that I am unable to file a fully particularised defence to the claimants claim as directed by the Honourable Judge XXX as without the documentation which the claimant relies upon, I am unable to answer their allegations as set out in their particulars and I am placed at a severe disadvantage, as I am a Litigant in person

 

Therefore, I would request that the Claimant be given a further, say 7 days to submit the documents.

Should this order then be ignored, I would ask that the claim be struck out., as per CPR part 3.4, 2 without further order.

 

 

If this is not acceptable would you please advise me if I would need to apply via a N244 for the claim to be struck out.

 

If this is not acceptable, then please refer this letter and the file to District Judge XXX to highlight Cabot’s non-compliance with the orders dated 1 2009 and for further directions to be issued.

 

 

I await your advice,

 

 

Signed……………………………. (Defendant)

 

Date …22nd January 2010……

 

I hope this is a "proper" responce, as I have now handed it into court.

[sir fussalot]

Well Well Well. Look what's dropped thro' the letterbox Saturday morning,

it's a Witness Statement from Cabrot's sols.. Morgans.

 

The Court Order said, ,"Each party must deliver to every other party and to the court offices copies of all documents on which that party intends to rely on at the hearing, no later than 14 day's before the hearing".

 

As the hearing is on Friday 5th Feb I don't think they have compied...again.

 

In January 2003 the "Witness" states, the defendant entered into a Providian C.C.Agreement.... A copy of the "Agreement", with the prevailing T&C's is exhibited herewith.

 

Only trouble is....Herewith is the application form. T&C's laid out on A4

which don't match up with the T&C's sent by Cabrot from a previous request for my agreement, (I didn't CCA them.,(didn't know about this site then), I just asked in 2008;

 

Also in these T&C's it states under Default charges Late Payment fee £18.

Overlimit fee £18. BUT: from the second month of my account starting in 2003, these charges have been £24. each.

This is the "AGREEMENT".

 

http://i892.photobucket

 

Not very legible but the usual application.....No T&C, No interest rate

etc.

 

fussalot.

[sir fussalot]

Hello,

 

something not working in last post....

 

Should have been link to photobucket....

 

Called my bluff I'm afraid, I aint got a clue why its not worked.

[sir fussalot]

This what it was........

 

[sir fussalot]

Now do I still go to court on Friday and explain they have not complied

 

BUT,, in order to" save costs and unecassary court time"

 

I will proceed, (on the no enforcible agreement track)..

 

OR

 

Do I ask for an adjournment?

 

They still have not acknowledged the D.N. or supplied it. OR as they ssaid in October the Deed of Assignment will take a week, that still hasn't shown up.

But they have sent a letter, (copy from Monument) saying that it was assigned,to

Cabrots.

 

 

(

Mo

nument)

 

fussalot.

Edited January 31, 2010 by sir fussalot
forgot last paragraph

[volvo]

Just curious, but why do letters from Morgan solicitors (Cabot) not state they are regulated by the 'solicitors regulation authority' etc., ???

 

i thought they HAD to state this.

 

VOLVO

[sir fussalot]

Don't know.

 

But its funny there is no name of a senior partner etc.

 

Or LLB after anything.

 

To-day, (Tuesday) I have had the "TRIAL BUNDLE", delivered Special D.

 

As the hearing is Friday I think its NAUGHTY,

 

Should I go for it, or ask for Adjournment due to other side not complying

with the court order. (re , should have given it to me 14 days before trial)

[patrickq1]

Do I ask for an adjournment?

 

due to non compliance you need to ask the judge to order them to comply and explain you have only just received this trial and incomplete bundle and have not had the required time allowed you for you to continue and it is totally unfair practice from this company so set out a list of demands for the judge ti give them instructions and force compliance i doubt you will see any genuine assignment

patrickq1

[sir fussalot]

Since September last year I have CPR'd Morgans (for Cabot). they have only sent short application form for the Agreement, only accompanied by a few statements.

 

I asked for the D.N. they said" they are not obligued to send one NOR was the original Creditor obligued to issue one , as they are only after the arrears.

 

Now they have sent their "trial bundle", yesterday, (hearing is on Friday).

 

After my A.Q's asked for this info, order was made for All parties to send to court and each other, anything that they were to rely on. and sent to me a least 14 days before the hearing. AND that the original agreement waas to be brought to court.

 

Now Morgans seem to be totally ignoring the D.N. note which I have the original of.

 

Can they now proceed with this disregard to the D.N. OR can

 

I use this at the hearing, along with Non compliance of the court order.

and no agreement.

 

my thread is

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/224697-cabot-morgan-my-monument-2.html#post2553949

 

 

Any HELP/Advice asap please....

[cymruambyth]

Does the DN say that it will terminate if you fail to comply? Is it incorrect? If so it should be unlawful rescission. That is the route that I'm going to take.

[sir fussalot]

The 3 Letters that came for the D.N. are.....

 

Post's 88-90 (in this thread)

 

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2578870.html

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2578878.html

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2578886.html

 

 

Now with it being closed, MUST Cabrot show/have the D.N. in order to pursue?

 

All HELP gratefully received at This Late Stage.

 

 

 

 

 

S.F.

Edited February 3, 2010 by sir fussalot
put links in

[Bill Shidding]

Hi Sir, have they complied with CCA06 sec 86?

If not, they cannot enforce the debt (until they do).

 

I've just (very quickly) read your other thread. If the creditor terminated the account and does not wish to rely upon the DN or TN, you will need to bring the DN and TN into your own evidence (to prove termination occurred), and state why they have rescinded (terminated) the agreement unlawfully. You will also need to prove that you "accepted" the renunciation.

Edited February 3, 2010 by Bill Shidding

[sir fussalot]

Hiya BILL.

 

Just trying to look up your s86.

 

If I accepted the reninciation.... would that be a good thing

 

Sorry to appear obtuse BUT. as the hearing is on Friday.

 

I seem to be getting panicky.

 

I think I will be O.K. when I have my defence "track" sorted.

 

Thanks so far

 

S.F.

[Bill Shidding]

If I accepted the reninciation.... would that be a good thing

 

Yes.

 

I also had a creditor change tack from relying on a DN/TN to claim for arrears, I saw them off (on the arrears claim) with their own notices. Here is my old thread - http://www.consumeractiongroup.co.uk/forum/legal-issues/189110-fiddlesticks-i-didnt-know.html

 

Reading the above may help.

 

Bill

[sir fussalot]

Thank's Bill.

 

Just going to read it now,

 

I hope it does help, I have just opened the mail and have a statement of costs from Morgans

 

Including £485 for their "senior" litigation officer to attend it comes to

over £1500.

 

I thought you paid your own costs..

 

I also think its a "Frightener".

 

s.f.

[Bill Shidding]

The "winner" can claim for court fees and other limited expenses on the small claims track. Unlimited costs/expenses on the fast track.

 

If the claimant has not sent a "compliant statement of arrears" then enforcement is not possible until compliance. That is how I managed to delay my case long enough to formulate a defence to it. The defence was that as they had terminated the account (not in compliance with sec 87/88 = unlawfully), and "arrears" cannot accrue on a terminated account.

 

You will need to use their own notices against them, if they have rescinded the agreement. As they probably know that their notices amount to unlawful rescission, hence their reluctance to rely on them.

 

If the claim relates to a credit card, then surely they can only claim the "minimum payment" value anyway?. As the minimum payments are the only arrears?.

 

If they are claiming for the whole outstanding balance, then they must think they have terminated the account, and you would need to convince the court that it was done unlawfully, and that by word or deed, you accepted it.

 

Sec 86d is relevant to you, if you have not received an arrears notice.

Edited February 3, 2010 by Bill Shidding

[sir fussalot]

Bill. Am still reading your first link, Now i know where they are coming from.

 

No I havn't had an arrears statement..(will read your reg's link shortly..)

 

 

These are the D.N. Term' notice they now don't want to bother with.

 

Pains me to say, I think they are GOOD. (pre Oct 2006 ) 7 day's even with the two Bank Holidays, Easter Fri'Mon.

 

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2578870.html

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2578878.html

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2578878.html

 

Someone else has suggested that they can only claim the arrears. (£150)

 

Hope its right. their bill for costs has shook me.

 

Thanks Bill

 

S.F.

[patrickq1]

Now with it being closed, MUST Cabrot show/have the D.N. in order to pursue?

they will also have to show a full assignment in the correct order that is a legal assignment which i doubt has existed up till now

[sir fussalot]

Patrickq1

 

Hiya thanks for your reply.

 

Asked for Assignment since 1st req CPR 4th Sept last year

 

Sent letter "chasing" CPR req, Oct

 

Morgans sent, 1 App form, (the "agreement") 2, 6 or so statements, and some T&C's hardly legible but not "matched up with anything on the front of the application form. They promised that as Deed of Assignment had to come from archive storage

and may take a week.

 

To date....still NOWT

 

A.Q's asked for "the Doc's".... Agreement , D.N. and the N.O.A.

 

Court Order for "The doc's" = the original Documents to be brought to court... AND that should be shown to me via their intended use at court, by no less than 14 days before hearing.

 

Hearing on Friday, they sent 'em yesterday. 1 Application Form.

2 Some statements. T&C's not from my original as they say late payment fees are £12. But on my statements from the start of the card they have charged me £24, a pop.

 

AND the notice of assignment is,, a " copy representation of what was created and sent the 3rd October 2006".

 

According to the handwritten header at the top of the page.....

[Bill Shidding]

their bill for costs has shook me

 

I assume the claim is on the small claims track (under 5k)? Either way, costs are at the discretion of the judge, just because they say its going to be £xxxxx.xx won't mean they will be awarded that amount.

 

If you have not received an arrears notice, they can't enforce it (neither can the judge) and they can't add interest for that period either. Leave this in reserve for your hearing - they really won't like it;), and will have to adjourn, until after they comply.

This should buy you some time to consider your position.

 

If you are sure that the account was terminated lawfully, then you might consider mentioning a tomlin order, or applying for a time order if the agreement is still live.

Payment by instalments is available after the trial, where the agreement has ended. Usually the judgement is forthwith but you can either ask the trial judge to allow monthly payments or apply for a redetermination afterwards.

 

It's up to you to decide if you think its worth making them jump through all the hoops. Maybe they won't bother complying, maybe they will. As you now know, I had other grounds for defending my claim, I used sec 86d to force an adjournment to re-jiggle my defence/skeleton argument etc.

 

Does the POC specifically state they are claiming for arrears?

If not, did they make an application to change the POC?

Why did they leave it the best part of 4 years to litigate?

 

cheers,

Bill