Spamheed vs Cabot **discontinued**

[mrdebts]

What a load of nonsense that is & simply a case of them saying what a court "may do".

The threatogram is designed to intimidate a payment out of you.

The bit that says you have to reply to a letter out of "civil procedure rules" is a new one to me?

[robcag]

What a load of nonsense that is & simply a case of them saying what a court "may do".

The threatogram is designed to intimidate a payment out of you. Maybe that's their hope, but make no mistake, they will go ahead and issue a claim on the back of this letter, even if you respond and point out the errors of their ways.

The bit that says you have to reply to a letter out of "civil procedure rules" is a new one to me? Strictly speaking (IMHO) you are supposed to reply, but I guess if you didn't you could argue to the court that you didn't believe this was a genuine/serious 'Letter before Claim' because the enemy had not complied with their duties referred to above

 

Cheers

Rob

[spamheed]

What you think of this?

 

or should I maybe just go straight for the list of all of the things they have done wrong?

 

Dear Sir or Madam

 

I refer to your letter dated xx July 2010, the contents of which have been noted.

You have failed to provide sufficient detail in order for me to investigate this matter, and provide a response.

Please send me a copy of the Practice Direction to which you refer in your letter.

In addition, I also require,

1. A true copy of the executed consumer credit agreement (a photocopy of a fax message itself not containing the prescribed terms, as has been previously supplied by your client, will not suffice)

2. Copies of the notices of assignment from both the original creditor, and your client together with proofs of service of the same

3. A full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of this letter.

 

Once all of this material has been supplied, I will be in a position to respond.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Yours Sincerely

Spamheed

[spamheed]

hello guest

[robcag]

What you think of this?

 

 

or should I maybe just go straight for the list of all of the things they have done wrong?

 

 

 

Dear Sir or Madam

 

.....................................

Yours Sincerely

 

 

 

 

Spamheed

 

 

It doesn't make much difference what you reply to them (Morgan or CrapPot), I don't think they read it. If they do read it, they certainly ignore most of it.

 

I've written letters to them pointing out their failure to comply with Annex A Para 2.2(1) and they take no notice. You may as well write with just the line of dots which I've replaced your text with!

 

On one account, after I received a similar letter to you, I wrote back that they had stated in two separate letters an admission of not being able to obtain an agreement from Goldfish, and guess what ? ...... they still issued a claim.

 

On another claim, after 'Disclosure by List', they requested inspection of all the documents I had listed. Most of these were correspondence which had been sent by CrapPot, some were letters I had sent to them, and believe it or not one item I had listed was their own disclosure list and which they had provided copies to me of everything on that list.

 

They only wanted copies of all the items on their own disclosure list, received by me the day I made my own list! I pointed them towards CPR 31.15 and asked for payment before I would provide anything, they seemed to ignore that and asked again for the same stuff with no offer to pay my reasonable costs, so I batted it back to them repeating my request for payment.

 

I've not heard back from them again yet, but I pointed out to them that their request was wholly unreasonable as they were asking me to photocopy over 200 pages of stuff they had sent me!

 

The CrapPot/Morgan monsters' head is so far up its own a$$ it doesn't know what is going on!

 

Cheers

Rob

[spamheed]

My concise reply it shall be then.

 

I cannot see what they hope to achieve but I have always taken the viewpoint that I can resign myself to ending up with a load of CCJs and then shafting them all by declaring bankrupt.

[robcag]

My concise reply it shall be then.

 

I cannot see what they hope to achieve but I have always taken the viewpoint that I can resign myself to ending up with a load of CCJs and then shafting them all by declaring bankrupt.

 

It might be worth including a sentence pointing out their failure to comply with Annex A Para 2.2(1) (and any other precise breaches you can come up with) as then it is on record that they knew they had been bad boys and girls.

 

Cheers

Rob

[spamheed]

It might be worth including a sentence pointing out their failure to comply with Annex A Para 2.2(1) (and any other precise breaches you can come up with) as then it is on record that they knew they had been bad boys and girls.

 

Cheers

Rob

 

 

when you actually look at the Practice Directions, there are very few that they have actually complied with

[spamheed]

So after reading about a little, this wonderfully worded letter is in fact threatening an outcome when in fact they haven't even fulfilled their own obligations.

 

I still have never seen an assignment as per LOP 1925, I still haven't seen an enforceable CCA, I still haven't had a breakdown of the balance, nor statements......let's be fair I've seen nowt.

 

yet they arrogantly state that my none compliance will bring the whole house crashing down around my ears

[PriorityOne]

I've yet to receive a letter from the delightful Morgans.... but when I dealt with Shoosmiths (re. A&L) and they threatened legal action, I remember writing back and saying that I was surprised to have to remind a firm of solicitors about the law in relation to CCA, 1974 (lack of CCA, etc)... but would be happy to point out a variety of breaches under it if they decided to pursue court action in the continued absence of an enforceable Agreement, as well as offences under DPA and others.... and copied A&L into it.

 

A&L called them off and it never went to court....

[harrassed senior]

Just doing a little light Sunday Evening reading as you do, and decided I was going to be extremely picky.

 

In Morgans letter above, it states ......despite requests from US! now do they mean Morgans, or have they just confirmed that 'they' are 'Crapbot'

 

Being really picky here, I can just hear my old English Language Teacher exploding about a 'simple' error like that !!!!

 

Just thought it might be another stick to beat them with?

 

OK back to the News of the World - makes lighter reading, and far to many mistakes there for me to be picky with;)

[gh2008]

They are quite open that they are (part of) Cabot - it is in the small print on the bottom of the page.

[spamheed]

Well despite the fact that they haven't responded to my dispute letter my other hald has just informed me that Morgan have issued a claim via Northampton. I understand that the POC's are on the brief side

 

Can this thread please be moved to the legal thread

 

will post the POC in full when I get home this evening

[saintly_1]

Thread moved to Legal Issues as requested

[spamheed]

Thread moved to Legal Issues as requested

 

 

Cheers Muchly

[spamheed]

 

http://i924.photobucket.com/albums/ad84/spamheed/N1CPC.jpg

[spamheed]

CAG is behaving wierdly today, not allowing edits etc

 

 

Here we go, the N1CPC above is as received today, obviously blacked out everything which can identify me

 

I haven't responded yet and would appreciate guidance of the correct way forward.

 

The "agreement" shows over £1100 of PPI which they have included in their total claim

[unclebulgaria67]

You need to acknowledge receipt of the court claim and advise that you will defend. Follow the instructions on the form.

 

Then send Morgans the appropriate CPR letter asking them for all the information they will be using. Not sure which one. CPR 31.14, part 18 or other ? Perhaps someone with better knowledge can advise.

 

Once you get the info back from Morgans, you can then complete the defence info.

 

In regard to the PPI claim, I am not sure whether you can use this to stop the CCJ being granted.

[spamheed]

I believe I have 14 days to Acknowledge receipt and advise that I will defend

 

It is the CPR requests that I want to get right, I have read enough to realise that this aspect is far from straightforward.

 

I requested the CCA, NOA etc when I received Morgans LBA, but to date have received nothing other than the N1CPC in return

 

There should be a separate set of terms and Conditions for both elements of the agreement, which there obviously aren't.

 

The PPI is included with the loan amount on the photocopied agreement that they have sent even though it is a contract in its own right and would have had its own set of T&C

[spamheed]

Okay, so I've been to Moneyclaim.gov.uk and acknowledged receipt of the claim and advised that I will defend the entire claim.

 

The "Agreement" that they have produced (post #23) is nothing more than a photocopy of a fax message and the "cleaned up version (post #33) is no better

 

The Loan reference to which they refer on the claim form only appears on one of the copies of the agreement and even then, it's been written by hand, it doesn't match any acount number nor is it the number of the loan itself.

 

There is no right to cancel on the "agreement", the PPI is included in the same agreement without separate T&C and the balance has increased by about £500 since Freds dropped it a year or so ago.

 

I sent a CCA to Egg last year and received a set of T&C that are completely different in form and content to those sent by Cabot

 

I received a letter from Cabot complete with a forged NOA, which purports to be from Egg, but has obviously been created by Cabot (easilly proved)

 

 

I need to get them to produce the originals of the NOA and agreement since this appears to be what Cabot/Morgan are relying on.

 

Which CPR rules apply to such a request?

[spamheed]

Given the brevity of the POC (as above)

 

what would be the best first move with regards to disclosure?

[unclebulgaria67]

I think you need to make the request under part 18.

 

I understand this is the one to use, where the documents or POC are unclear.

 

This is a link to another thread containing a part 18 request. I have added the link for this purpose and not that the thread is similar to yours.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/266553-bos-mbna-hilisden-dlc-3.html

[spamheed]

would there be any merit in going after EGG for the PPI?

 

would this place the whole agreement in dispute?

[spamheed]

should I also bring to their attention the discrepancy between the Loan Ref as stated on the claim form and the Loan Ref on previous correspondence from Egg?

[unclebulgaria67]

I think you should raise the question about differing reference numbers. They need to clarify this.

 

Where are you with the PPI claim ? You certainly need to start this soon, as I think there is a date after which you would not be able to so. If you google PPI claim process, there are a few guides about how to do this.

 

I don't think the courts would be interested in the PPI, unless you have proved it was missold and had an affect on the loan as a whole. This might by the way the PPI was included in the loan agreement. This is where you would need expert advice and unfortunately, I am not the expert.