Spamheed vs Cabot **discontinued**

[spamheed]

so back to the DN - should I disclose it or not and the reasons please

[Hadituptohere]

Hi spam

 

as for the DN, breach of S189(1) not the creditor CCA74

 

Hadituptohere

[Debtcontrol]

Hello,

 

Have you got a link to a web version of this S189(1) please?

 

DC

 

Hi spam

 

as for the DN, breach of S189(1) not the creditor CCA74

 

Hadituptohere

[gh2008]

Hello,

 

Have you got a link to a web version of this S189(1) please?

 

DC

 

Here you go

http://www.statutelaw.gov.uk/legResults.aspx?LegType=All+Primary&Year=1974&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&TYPE=QS&NavFrom=0&activeTextDocId=436428&PageNumber=1&SortAlpha=0

[Debtcontrol]

Thank you!

[spamheed]

so if no dn was issued by the OC and the account was tranferred to chain of DCAs who come chasing one after another insisting that the full amount is due, would this in itself be evidence enough that the agreement has been terminated and that Morgan are blowing smoke? and their Witness Statement is flawed?

 

or would I need more?

[spamheed]

bump

[spamheed]

I have letters going back to 2006 in which Moorcroft are demanding the full outstanding amount, this would be within the actual loan period.

 

More recently. in order to avoid producing a DN or TN, Cabot in their witness statement are stating that they are only claiming the arrears and that neither they nor Egg needed to produce a DN or TN.

 

Would these demands from Moorcroft be sufficient in themselves to prove that the account has been terminated and that a DN and TN are indeed required and that Cabots WS is incorrect?

[spamheed]

bump (once again)

[pt2537]

http://www.consumeractiongroup.co.uk/forum/showthread.php?259115-Newbie-Settling-out-of-Court

 

Spam

 

Im not sure how much info the op is likely to place on the thread, but we took on Cabot using pretty much the same issues as you have and won on Friday in court.

 

I cant explain the issues due to client confidentiality, but i can say the issues were on the same lines as you

 

and also we didnt challenge them over the termination of the agreement which worked in our favour, again i cant say why

 

but the legal arguments put forward lead to another win for the firm,

[spamheed]

http://www.consumeractiongroup.co.uk/forum/showthread.php?259115-Newbie-Settling-out-of-Court

 

Spam

 

Im not sure how much info the op is likely to place on the thread, but we took on Cabot using pretty much the same issues as you have and won on Friday in court.

 

I cant explain the issues due to client confidentiality, but i can say the issues were on the same lines as you

 

and also we didnt challenge them over the termination of the agreement which worked in our favour, again i cant say why

 

but the legal arguments put forward lead to another win for the firm,

Thanks Paul, at least I know I'm not banging my head unnecessarilly. I do appreciate your position but unfortunately your post raises more questions than it answers :o)

 

I can see that both sides of the termination argument hold merit and both could equally be applied with regards to the use of the T&C on a live account. it is just a case of which way to go.

 

Looking back through my paperwork, I can produce letters from both Moorcroft and Freds, both demanding the full amount (but no DN or TN ever sent) also demonstrates a completely set of lower balances than Morgan have "manufactured" in their DIY Statement of Account in support of the amount of their claim, I am confident that this scuttles their boat, but would appreciate confirmation of the best path to take

[pt2537]

hello Spam,

 

I would say that its about tactics frrom here on

 

If they say they havent terminated the account and the account remains live, that can be very helpful

 

equally if they say it has been terminated then that can help

 

the problem i face, is that A) im not exactly welcomed on this forum anymore by certain parties B) it is not my place to openly discuss how i dealt with a clients case and C) well, do i give away the trade secrets that i use in my day job?

 

These are the problems i face,

 

I have real concerns over some of the advice being handed out on here, some of which has lead to my clients facing orders for costs against them due to inaccurate advice given on these forums, so its probably best that i keep my counsel now, and you can obviously PM the OP on that thread and they will assist i would hope

[spamheed]

Paul, please do not take my words as being in any way critical, I am fully aware of your position and take on board your comments regarding certain advices being proffered. It is in my nature to use belt and braces in all things and would never take anything at face value.

 

I am just trying to form a defence, I haven't got the money for counsel and the whole no win no fee leaves me cold.

 

I see myself as having a case but just want to cut a few corners via advice from people who know better than I (not too hard methinks) and have "been there" before.

[pt2537]

Paul, please do not take my words as being in any way critical, I am fully aware of your position and take on board your comments regarding certain advices being proffered. It is in my nature to use belt and braces in all things and would never take anything at face value.

 

I am just trying to form a defence, I haven't got the money for counsel and the whole no win no fee leaves me cold.

 

I see myself as having a case but just want to cut a few corners via advice from people who know better than I (not too hard methinks) and have "been there" before.

no probs spam,

 

i understand and didnt take your comments as critical, so no worries mate,

 

The funny thing is, nor did the op on that thread, but she had the best barrister we would get attend and represent her

[spamheed]

I must confess to being rather intrigued

 

I would obviously PM you for a little clarification if this was allowed but c'est la vie

 

perhaps I'll get my answers elsewhere lol

[pabrmu]

Hi Spam,

I am as intrigued as you are now!

Message to pt.

I am reading your thread re multiple agreements with great interest as I am having "discussions" with Link.

I am also having exactly the same arguments as Spam with Morgans and have asked them for a second time if my agreement is still live or was it terminated.

I don't think that they will answer.

Pt, do you think it is still worth ploughing through your thread on multiple agreements as I still have 10 pages to go!

[pt2537]

Hi Spam,

I am as intrigued as you are now!

Message to pt.

I am reading your thread re multiple agreements with great interest as I am having "discussions" with Link.

I am also having exactly the same arguments as Spam with Morgans and have asked them for a second time if my agreement is still live or was it terminated.

I don't think that they will answer.

Pt, do you think it is still worth ploughing through your thread on multiple agreements as I still have 10 pages to go!

lol

 

you are fighting an enemy with no idea on multiple agreements, so i doubt it.

 

We beat Link on a multiple agreement last month, the judgment was handed down friday , the OP was beachcomber 60, his thread may assist as i posted some, but not all, of the info on there

[spamheed]

I must confess that I tend to turn my back on the infighting as i really don't see the point

 

I tend to post to other forums as well - so will no doubt message you elsewhere if I haven't already done so

 

and thank you again for your input thus far

[spamheed]

Well I have looked at my credit file and sure enough, the loan account was defaulted by Egg in 2006, nothing by Cabot, but combined with the letters from previous DCAs it must surely prove that their Witness Statement is a pack of lies.

[spamheed]

bump

[dx100uk]

i haven't clawed right through your issues spam

but would sticking in a reclaim [or counter claim] on obvious unlawful late fees / PPI etc help you cause?

 

just a thought

 

dx

[spamheed]

Sorry about the silence on this, but I thought it could be counter productive to post my progress for all to see.

 

This morning Cabot/Morgan discontinued with their claim

 

Hello guests

Edited January 12, 2011 by spamheed

[dx100uk]

yes!

 

dx

[spamheed]

Eventually it became apparent that even though the arguments against their claim were sound, I was going to struggle if it came to a court appearance with one of their trained barristers.

 

So I obtained the assistance of a firm of solicitors, who went through the process without any stress and eventually after a stirling witness statement was served, they dropped their claim.

 

Must say a massive thank you to Paul, and also to Andrew and Kate for their invaluable input and assurances

 

 

 

Admin: Can the title be changed to reflect this please

[DonkeyB]

Well done. Brilliant work – it does prove once again that there’s a point at which self-help will not get you through the barrier, even if your arguments are sound, because you really do need some knowledge of the way the system works and the deeper intricacies and technicalities of the law.

 

Hope you can give us some clues, eventually, as to what you think swung it.