Me v Cabot

[appo0712]

Thanks Hadi,

 

As their main argument will be based upon; the claim is for the arrears (which is the whole account).

 

Does anyone have any opinions for me think over? Before I draft my skeleton argument.

[appo0712]

Received letter from morgans (Draft copy of the Directions for the hearing.) Dates ranging over 5 months.

Do I need to draft a copy of directions? Or just wait for the direction hearing?

 

Thank you

[appo0712]

Another question in addition to the two posts above is, should I file for a strikeout or wait until after the direction hearing?

[appo0712]

Hi all,

Any opinions on my last post?

[appo0712]

I've spoken to the CC this morning and been advised to contact Morgans stating they still need to supply the doc's as ordered by CC, and if no response to write to CC and inform them.

[Hadituptohere]

Hi appo

sorry youve had little replies, im sunning it in Mauritius at a family wedding, and got another 2 weeks here, id say that you could list what Cabot have failed to supply and research what CPR rules have been breached already and take theat along with you to the hearing

 

Hadituptohere

[appo0712]

Thanks Hadi,

 

At the direction hearing the judge said she wasn't happy because I hadn't filed a full defence. There was no interest in cabots refusal to supply the full docs, nor that cabots failed to act on the court order requesting them.

The judge went on to say that, what had been sent was adequate for me to prepare a full defence, also said that the agreement(application form) is readable.

 

Then concluded with the defence to be filed and served within 14 days or the defence will be struck out, and all my objections regarding the doc's and how cabot have acted with what they that have supplied should be stated within the defence.

[cups]

Hi

 

I have just lost to Cabot on something that was illegible.

 

If there is a date on the app form that comes from the creditor then they will argue that under Goode there is an argument that the date stamp is a 'mark' that therefore executes the app form and makes it an agreement?

 

If you have a statment from mthe OC where your balance goes from £%%%% to £0 then they will say that although their balance will be the same that the account has been zero'd and that is why it is all arrears?

 

See if you can get a blank copy of your form that shows that theirs is not complete, they will not have one and will say that as you have had a card that you must have had all of the other correspondence and that executes the app form.

 

Just for info, good luck

 

Cups:D

[Fester Tester]

Sorry to hear that Cups. I am guessing then, that the application form complied in every other respect?

 

This should not be seen by creditors that they now have carte blanche to call every application form, an "agreement".

[vjohn82]

I think we need more detail than that. Did you have a thread going?

 

VJ

 

 

Hi

 

I have just lost to Cabot on something that was illegible.

 

If there is a date on the app form that comes from the creditor then they will argue that under Goode there is an argument that the date stamp is a 'mark' that therefore executes the app form and makes it an agreement?

 

If you have a statment from mthe OC where your balance goes from £%%%% to £0 then they will say that although their balance will be the same that the account has been zero'd and that is why it is all arrears?

 

See if you can get a blank copy of your form that shows that theirs is not complete, they will not have one and will say that as you have had a card that you must have had all of the other correspondence and that executes the app form.

 

Just for info, good luck

 

Cups:D

[cups]

Hi

 

yes, there is a thread, about Morgan Stanley Dean Witter..it is updated.

 

What l would say is that they sent me an app form that they added som of the T and Cs to the bottom of to make it look like the Prescribed Terms were there. It was after the signature. I have seen a copy of the same form here where this was not on the case. I think it was Chris or someone v Cabot / MSDW but cannot find it now.

 

They did not provide a blank form and said that they had never tried to get one! They also said that becasue it said at the top that it was regulated via the CCA it was an agreement.

 

I did use Sec 127 and bought in 59 but they just shot it down and l think confused the DDJ very well.

 

The Goode quote regarding 'marks' was well used by them but l think wrong, as l did not have it l could not argue that point. Their barrister was allowed to speak after me and just shot my arguments down in flames,,therefore the DDJ went to make his decision with their arguments in his ears.

 

Even though l had located a DN they said that although it showed nil owed, as did the last statement that it was correct to claim the arrears. I had had my balance zero'd so that meant the claim for arrears was correct.

 

They turned Carey on me as well and siad somehting about Carey meaning no 'original'?

 

Very confused will await full judgement,,

 

Cups

 

tyf

[vjohn82]

Hi,

 

I've been away from CAG so missed your case.

 

I'll be happy to help with any appeal.

 

VJ

 

 

Hi

 

yes, there is a thread, about Morgan Stanley Dean Witter..it is updated.

 

What l would say is that they sent me an app form that they added som of the T and Cs to the bottom of to make it look like the Prescribed Terms were there. It was after the signature. I have seen a copy of the same form here where this was not on the case. I think it was Chris or someone v Cabot / MSDW but cannot find it now.

 

They did not provide a blank form and said that they had never tried to get one! They also said that becasue it said at the top that it was regulated via the CCA it was an agreement.

 

I did use Sec 127 and bought in 59 but they just shot it down and l think confused the DDJ very well.

 

The Goode quote regarding 'marks' was well used by them but l think wrong, as l did not have it l could not argue that point. Their barrister was allowed to speak after me and just shot my arguments down in flames,,therefore the DDJ went to make his decision with their arguments in his ears.

 

Even though l had located a DN they said that although it showed nil owed, as did the last statement that it was correct to claim the arrears. I had had my balance zero'd so that meant the claim for arrears was correct.

 

They turned Carey on me as well and siad somehting about Carey meaning no 'original'?

 

Very confused will await full judgement,,

 

Cups

 

tyf

[appo0712]

Hi Cups, Thanks for the info.