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Spamheed vs Cabot **discontinued**


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If a DCA buys an account and assigns their own reference or account number to it, which should they be issuing their claim under, their own reference or the reference of the original agreement?

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So far as I understand it... as long as they can show you a link between the two numbers... say a NoA that displays your old account and provider and your new acct/ref number then that would I believe suffice to put on the POC and for you to be able to ascertain what they are claiming for.

 

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So simply hand writing their new ref say on the alleged agreement? would that be deemed sufficient?

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Is there a reliable defence which refers to unenforceability issues as well as documentation shortcomings around?

 

Cheers

 

As no-one's posted up a defence for you yet... take a look at this one (also Cabot) and adapt to your needs. We can always tweak the wording once you've included all you need to defend, so to speak.... :)

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?267627-County-Court-Claim-form-received-Cabot&p=3092121&viewfull=1#post3092121

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Even though they have replied to my CPR 31.14 they have basically just resent the same agreement, forged NOA, there is nothing showing a breakdown of how the amount claimed has been arrived at, all of their relevant posts are on here

 

In response to my part 18 they have sent me what they claim to be a DOA, however apart from the front page which shows no information which could identify me or the account sold and the back page which shows the signatures of those involved in the sale, the remaining pages are nothing other than black boxes where the "sensitive information" has been redacted

 

Also in response to my part 18 they have sent what they claim is their account history, yet again the vast majority of the pages are nothing more than black boxes where the "sensitive information" has been redacted.

 

So we have an agreement which is as invalid as can be, PPI stated as part of the loan amount rather than the charge for credit, no T&C for the PPI, nor signature nor statement demonstrating agreement, acceptance of, or even the requesting of the ppi, no right to cancel on the agreement, interest claimed yet not allowed within the T&C, a NOA which is very doubtful, even the T&C look different to the agreement, with different photocopy marks on them so may not even be the right ones. the loan ref on the claim form is a one made up by Cabot, and has no link at all with the numbers onthe agreement, nor even with letters received from Egg.

 

I have today requested an extension of 28 days as I really don't want to submit an embarrassed defence. so i'm now waiting for a letter of confirmation from Morgan and will then get in touch with the courts

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I'm not sure what an extension will achieve, to be honest. You may be better off incorporating the above points in your Defence instead. Their tactics appear to be similar on a few threads unfortunately.... especially re. contract law instead of consumer credit law ("rights but not the duties")...

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They have told me that they are going to send the relevant T&C and statements, NOA from Egg (even though they've already sent me a forged one) etc as and when they arrive, the extension is in effect to give them every opportunity to provide them.

 

They have stated in their response to my part 18 that they allegedly bought the debt through an absolute assignment without any mention of the rights not duties argument.

 

I have started to assemble the salient points of my defence and could probably create a particularised defences by the middle of next week if the need arose, but I'm still of the opinion that it seems unwise to defend without having all of the paperwork

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This new forum format is a nightmare three attempts to reply!!!

 

In their response to my part 18 they state that they will furnish me with statements and NOA from Egg as and when they receive them

The extension is to give them every opportunity to respond to my request and provide the documentation which proves their claim, I would still rather build a defence after receiving all of their paperwork, rather than play their usual game of "catch up"

 

They also state that they bought the account under an absolute assignment without mentioning the usual "rights but not responsibilities" argument

 

If they decide to play silly buggars and forget to send the confirmation of the extension, I have already assembled the salient points of my defence, so could still have one particularised by mid next week. when all is said and doen it is down to them to prove their case, not for me to prove mine

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Hi Spam

 

read post 260 here http://www.consumeractiongroup.co.uk/forum/showthread.php?127059-Hadituptohere-V-Cabot-**-CASE-STRUCK-OUT**/page13 Meldrew came up with plenty to do with the DOA that cabot sent me and it sounds just like yours

 

 

Hadituptohere

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Since there is very little in the POC, it wouldn't be too hard to do that.

 

But in my defence do I restrict myself to just what is on the POC or do I rubbish every document they've sent me whether in the POC or not?

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duplicate post

Hope this helps

 

 

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If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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Okay so I contacted the court this morning to clarify the requirements re the time extension, the "nice lady" tells me that any extension of this kind would need to be via a consent order, which would cost £40 and would still leave me open to getting a default served against me straight after the initial deadline.?!?!? perhaps this would explain the eagerness of Morgan to be helpful in this direction?

 

The same lady told me the ideal would be to get a defence in by the initial submission date, given that she was avery cynical of the behaviours of some of the claimants going through the system, have to say I agree.

 

So here we are again, I need to formulate a straightforward defence for the weekend, as it's a bank holiday I need to get it in by Tuesday, so without wanting to write war and peace all over again, I will see how I get on tonight

Hope this helps

 

 

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Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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If the extension is agreed between teh parties under CPR15.5 then, IMHO the advice (although the Court staff are not allowed to advise ...) you have been given is wrong.

 

See CPR 15.5

Agreement extending the period for filing a defence

 

15.5

(1)The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

 

(2)Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

 

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Yes, I am aware of this, I have been advised of 15.5 by more than one person and needed clarification from the courts of how to request the extension - however this was the advice (or to be more precise - the opinion) that was offered. I called to find out whether I needed to use a specific form or if a simple letter would do the same job.

 

This is what I was told, I'm certainly not going to take even the slightest risk that they get a default judgement by the back door (so to speak) based on this I will submit my defence for the 1st Sept. based on examples seen I should be able to post my first draft tomorrow evening

Hope this helps

 

 

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Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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Hi Spamheed

 

I just rang Morgans and asked for a two week extension. They agreed and sent me a letter confirming this. I then rang the court and told them that Morgans agreed to the two week extension.

 

Telephone calls are sufficient re: such an important matter?, i think i would want everything in writing at this stage

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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I'm certainly not disputing what you are saying and as I've said I was well aware of 15.5, I am only relaying what I was told by a member of the Northampton CCBC call centre staff this morning. I was told that such an extension would be made via a consent order, I was made aware of no alternative and even asked if she was sure because what she was saying was contrary to what I had been advised.

 

I am far from happy with the way today has gone, I was under the impression that it was only a judge lottery I had to watch out for, not a court staff lottery as well!!

 

BO how exactly did you relay your extension to the courts, did you have to send a letter confirming your call, or did you need to complete a form?

Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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I e-mailed first, no reply, then rang and asked for the extension, got a name and asked for it in writing, I got the letter two days later. I made sure I sent a copy to the court after informing them what Morgans had said.

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Telephone calls are sufficient re: such an important matter?, i think i would want everything in writing at this stage

 

yeah me too and this was the way the conversation this morning went, the lady on the other end of the phone seemed as paranoid about the likes of Cabot as anyone on here

Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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I e-mailed first, no reply, then rang and asked for the extension, got a name and asked for it in writing, I got the letter two days later. I made sure I sent a copy to the court after informing them what Morgans had said.

 

When you say you emailed them first are we talking about Morgan or the court?

Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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