Trouble with Cabot/Morgan

[kelsyrose]

Kelsyrose / application to set aside judgment on the grounds of mis-sold PPI Thank you for the template letters that we were able to use against

Cabot and their in-house litigation office - Morgan. Cabot took us to County Court and won by default - through non-response on our part to their claims for the alleged original debt from Halifax, and apparently bought by them.

 

We filed an application to set aside judgment on the grounds of mis-sold PPI. on further investigation we found that the personal loan has already been closed a month before Cabot claimed to have bought it. The loan agreement document provided by Halifax has no signature nor date.

 

The hearing was reset on the first week of January and Morgan are now asking for an extension of the time ordered for them to provide rebuttal on the application that we made. This was due to the documents/evidence that we attached with our counter-claim.

 

Where do we go next? If Morgan withdraws their Claim on us, or if we are successful in our application to set aside judgment, and our claim for costs and damages? Any advise would be highly appreciated.

 

Thank you.

 

Kelsyrose

[Guest Old_andrew2018]

Bump

[kelsyrose]

Can ANYONE please tell me why I have not had one single reply to my original post re,Cabot/Morgan..OR am I on the wrong forum

Thanks

Kelsyrose

[kelsyrose]

Not one reply?????

Kelsyrose

[maroondevo52]

Hi, kelsyrose.

 

I'll see if I can get someone to help you.

 

Regards.

 

Scott.

[ScarletPimpernel]

It would be helpful to have more info.

 

What were Cabot's original POC?

 

Did you go for set-asid only on the mis-sold PPI?

 

Which docs/evidence are Cabot worried about?

[kelsyrose]

sorry, but what is POC?

 

First of all, they filed a claim at Northampton for a debt with Halifax.

They abtained judgment through default on our failure to respond

due to ill health of my husband and myself, at the same time working

full time to try to keep things together.

We applied to set aside judgment because of our long standing health

problems, hence the mis-sold PPI. The judge at Mansfield granted us

an adjournment pending submission of evidence. Further investigation

by us revealed that the original debtor has closed or written off this

personal account prior to Cabot claiming to have bought this debt.

 

At the same time we find from Halifax the original Credit Loan Agreement

is unsigned by myself, and not being witnessed by anyone.

 

On entering these documents onto court, cabot has now asked extension of time to submit their rebuttal of our evidence. The original hearing date

on the 6th of January still stands.

 

Kelsyrose

[supasnooper]

POC - Particulars of Claim.

 

You will find these on the bottom left hand side of the Court claim form.

 

Have a look at this link - http://www.consumeractiongroup.co.uk/forum/show-post/post-1721013.html

[kelsyrose]

Particulars of Claim

 

The Claimant is part of the Cabot Financial Group and has purchased the debt(s) scheduled below. Despite requests for payment the Defendant

has failed to pay the sum of £xxxxx in relation to the Defendant's

Bank of Scotland

HALFX Loan account number XXXXXX,

And the Claimant claims: the sum of £xxxxx

together with interest under section 69 of the

County Courts Act 1984; and costs.

 

 

(note: the account number above is Cabot's number.

The original account number from Halifax is different from

above).

 

Thank you.

 

Kelsyrose

Edited December 22, 2009 by maroondevo52
Removed identifying details

[maroondevo52]

Hi, kelsyrose.

 

I've removed some details from your post, hopefully SP will be on-line later to have a look.

 

Regards.

 

Scott.

[nicklea]

Two important questions for you. Did you ever send anything in writing to Cabot before they issued the original court claim against you in Northampton?

 

Also, can you recall if you signed the loan agreement in the branch or at home?

 

This will help us to provide you with a defence.

[kelsyrose]

No, we have not responded to any of Cabot's communication prior to them

filing with Northampton. I did not sign any Halifax Agreement whether at

the branch or at home. The lady said it doesn't need signing as it will go through my bank account (at that time I have an ISA account with them).

 

Thank you.

 

Kelsyrose

[nicklea]

Seriously - you never signed a loan agreement?

 

Also, it's very good that you didn't respond to Cabot - it strengthens your case.

 

ok - I'll try and put something together for you tomorrow morning

 

ps - Sorry forgot to ask, could you tell us what you originally put in the set aside request so that we can see what needs to be changed

Edited December 23, 2009 by nicklea
ps

[kelsyrose]

Yes indeed, I have not signed the Loan Agreement. We have been sent a certified copy of the loan agreement without a signature, and a covering letter from Halifax.

We filed an application to set aside judgment in the Mansfield Courts based on the grounds:

1. Mis-sold PPI due to my long-standing medical condition;

2. That the lender Halifax have in fact closed/written off the loan

on the 23rd of May 2008, and Cabot claimed that they bought

the debt on the 26th June 2008;

3. Claimant's (Cabot) failure to respond to defendant's (myself) request

for documents dated 4th Nov. 2009 (before the scheduled hearing for

final charging order to our property). In this letter, we requested for

copies of the executed credit agreement etc. etc., as per this forum's

template letters.

 

Regards.

 

Kelsyrose

[kelsyrose]

Just got this letter today from Morgan :

"The Claimant has reviewed the evidence that you have provided in support of your application and on purely commercial basis the Claimant would be willing to consent to your application. The Claimant proposes that the judgment be set aside and proceedings against you be dismissed. This proposal is made on the basis that each party be responsible for the payment of their own costs."

 

I need your advise what to do next - whether to accept proposal or demand through the court that they pay out all our costs as submitted by us to the

court.

 

Thank you.

 

Kelsyrose