Spamheed vs Cabot **discontinued**

[spamheed]

As far as I am aware they will be paying me direct, I would be making certain of this before signing anything.

 

This is why I believe Egg are effectively scr@wing over Cabot, confirming in writing and by deed that the terms and conditions of any original agreement effectively includes an amount accepted by the OC as being mis-sold and to all intent unlawful.

 

also makes a mockery of the amount claimed in the POC

[JonCris]

Out of interest, are they paying the PPI reclaim to you or against the balance?

 

They shouldn't unless the account is in arrears & if not they have to pay it to the debtor........... irrespective of what they will try & claim

[spamheed]

As far as I'm aware the account has been terminated and sold on, since the PPI was mis-soldby Egg and by paying up I believe that Egg are conceding that this is the case.

I would love to see how Cabot could make any claim for the premiums paid against it

 

would they be obliged to inform me of the method of settlement prior to obtaining my f&f agreement?

[caro]

Would I have any say over whether they can amend the POC given that I've filed a defence?

 

You could disagree with an amendment but it would be up to the judge who may want a hearing to decide this. You may be seen as unreasonable if you disagree, but you should have the opportunity to amend your defence to respond to the new POC.

At the moment they have brought a claim against the wrong account number, with the wrong amount claimed and with their usual dodgy assignment.

 

There were only three parts to their POC and they've c@cked them all up.

 

They'd be better off discontinuing and pleading again, although since I have filed my defence wouldn't it leave them open for a wasted costs order?

 

They'd be open to wasted costs, but more importantly they may be hard pushed to bring the same claim again.

I wouldn't worry about any of this unless it happens.

 

As far as I'm aware the account has been terminated and sold on, since the PPI was mis-soldby Egg and by paying up I believe that Egg are conceding that this is the case.

I would love to see how Cabot could make any claim for the premiums paid against it

 

would they be obliged to inform me of the method of settlement prior to obtaining my f&f agreement?

 

You tell them what you want. If you want it to offset a debt with them, tell them, but it's your money so you decide how you want to use it. If you have more pressing uses for it then tell them you want the money back.

 

 

[spamheed]

Thanks very much for clarifying this.

 

The ball is very much in their court, so I'll see what they do with my defence and whether they wish to proceed.

 

Haven't received any written confirmation from Egg yet, am still working on the basis of a telephone conversation, but thanks for the help.

[spamheed]

Ok so we have moved on a little way

I have spoken to Egg over the last couple of days and they will definitely be making payment directly to me in f&f settlement of the PPI misold on this account.

 

Given that the claim includes the PPI in full and the PPI is shown on the agreement how much damage does Eggs actions do to cabots claim?

 

I have heard today that I have received the Allocation Questionnaire and will be asking for further assistance on this as and when i get home this evening

[caro]

Did you mention PPI in your defence? Certainly it throws the amount of the claim into question.

[spamheed]

I did state in my defence that the agreement contained PPI but did not contain any reference to how or where it was accepted, requested or agreed to and also that the amount of their claim was incorrect and had no breakdown of how it was arrived at.

 

I was hoping that since the PPI element has been acknowledged as being missold, it would bring the legality of the whole agreement into question

 

I tried to cover as many bases as I could

 

I would like to make them produce the actual agreement at court, as well as an unredacted DOA, a breakdown of how they arrived at the amount of claim as well as the original NOA, default and termination notice which I have never received. is there a template i can use for this, or is there an example I can use as a source

[spamheed]

well thats my allocation questionnaire and draft directions hand delivered to the courts, now it is down to them.

 

Is it likely that the courts would refuse to implement draft directions to replead and produce documentation in support of the claim

[spamheed]

Have received Allocation Questionnaire from Morgan, they have asked for a 1 month stay for settlement, whilst I havent, they have stated Small claims for a claim of over £5k and I have said fast track, they have stated expected costs of £5000

 

I have also requested directions for them to reissue their claim and provide documentation,

 

which track will normally be assigned, the claimants or the defendants given the claim is for over £5k?

[gh2008]

FT unless BOTH sides agree to SC

 

although the Court *may* have a 'final say' but don't think so

[Hadituptohere]

Cabot/Morgans trying to keep it small claims, as you are probably aware, so they can sway the DJ with the old chestnut 'balance of probabilities' for judgment. Feckers........

 

Hadituptohere

[spamheed]

Yeah, that's what I thought, so once again they have potentially shot themselves with their attempts to drive up the value of the claim to over £5k

 

 

My understanding is that over £5k puts it into FT and I obviously I wont be accepting SC given a choice

[spamheed]

at what stage/when would/will witness statements and/or skeleton arguments be required?

[spamheed]

bump

[spamheed]

bump once again

 

at what stage/when would/will witness statements and/or skeleton arguments be required?

[spamheed]

Bump - it seems to be getting more and more difficult to find out anything

 

 

 

at what stage/when would/will witness statements and/or skeleton arguments be required?

[the_shadow]

Hi Spamhead

 

It depends on what the judge/courts require from you. When and what you have to present will normally be given in the form of directions from the court. In any event you would exchange witness statements prior to the final hearing. Skeleton arguments tend to be instructed where the issues are complex or on fast/multi-track.

 

S.

[spamheed]

So on returning home this evening I found lying on my doormat an order from my local court for Cabot/Morgan to disclose.

 

They have been given four weeks instead of the two I requested and they have also been ordered to serve an amended POC by the end of Oct

[spamheed]

Morgan have responded to the order to disclose with the following:

 

an amended Particulars of claim for about £200 less which brings it back into the Small Claims track

 

They have included the same redacted DOA which identifies nothing and nobody

They have included the same copy agreement with the different account number

They have included the same forged egg letter but are now claiming it is a representation

They have included dodgy typed statements of account which do not correspond with the figures from earlier DCAs and were not produced by Egg

 

They have failed to provide

 

a copy of a default - they are claiming arrears only apparently and that there was no requirement to send a default - I have the one egg sent - they were ordered to disclose or explain in their witness statement why they didnt have one

 

a copy of termination notice.

 

Since this claim was brought Egg have settled the PPI for just under £1200.

 

Am I correct in thinking that the correct balance outstanding should be

 

balance (say £4k- minus PPI (say £1050) - minus interest applied (say £300) - minus refunded amount (say £1200) = correct balance? (say £1500)

[Hadituptohere]

Someones gonna have egg on their face with this if it does go to trial and cabot havent ammended their figures

 

Hadituptohere

[Wolfy]

Another thought for you it also renders any DN issued invalid as it would have overstated the amount that you had to pay to rectify any breach. Lord Justice Kennedy in Woodchester v Swain

 

"If a sum of money had to be paid it needed to be specified and if the figure given was more than the sum which the giver of the notice was entitled to demand the notice was invalid."

[spamheed]

Cabot have never issued a default, neither did Moorcroft, nor Freds, the default issaued by Egg was for only 2 x monthly payments

[Wolfy]

Yes but those two monthly payments must be for the wrong amount as they included mis sold PPI and interest on that PPI

[spamheed]

unfortunately it doesn't work like that.

 

At the point the loan was taken out, the PPI was lawful and the payments also lawful

the default carried the correct amount overdue at that time and as such the DN is lawful, allows more than enough time to remedy.

 

I think the DOAis extremely relavent and is anything but a DOA, I think it is a blanket sale agreement or pre sale (intention to trade) for a huge lot of outstanding debts and fails to specify anything which could link it back to a specific debt either the agreement or the correct outstanding amount.

 

given the refund by egg I think they've c@cked it up for Cabot.

 

Unless my maths is completely wrong, the very most I could be owing is circa £1500 and even then only if they can oprove that they actually own the debt