Letter from Morgan on behalf of Cabot

[alangee]

My other half received this letter from Morgan this morning, reference an entirely unenforcable Monument (Providian) agreement.

 

Its the first time I have seen one of these, has anyone received the same letter?

 

Alan

Morgan.pdf

Edited February 1, 2010 by alangee

[Seminole]

If you're confident that the agreement is unenforceable, I'd just write back saying see you in court.

[Pinky69]

Cabot bought a job lot of these and there isn't a Providian agreement to be had so there is no way they can take you to court if it was your debt.

[alangee]

Seminole

 

Barring the DJ lottery, it should not be enforcable.

 

Alan

Monument agreement.pdf

[Pinky69]

Is that it? Jingle bells from Cabot.

[volvo]

i received the same letter from morgans (cabot in house solicitors) on 22/12/09 about an old pre 1989 debt with bank one intl. taken over by halifax, with a dodgy default notice, no date just days to reply and an original application form with no original terms and conditions just a copy of the halifaxs current t & c and no prescribed terms. Did PM PT2537 how to respond but no reply.

 

Unsure how to respond to morgans letter and preprotocol staement from morgans?

 

Merry Christmas to all on CAG

 

Can anyone advise a reply from the Cabot fan club, or anyone.???

 

VOLVO

Edited December 24, 2009 by volvo
spelling error

[BeauBrummie]

Seminole

 

Barring the DJ lottery, it should not be enforcable.

 

Alan

 

Something I picked while searching through my case for inspiration is the cancellation box on the application form on this link.

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=15142&d=1261657307

 

 

 

It says that the Cancellation of the "Agreement" is to be offered on a seperate document (it is in fact on T&C's page 10) but there is no link from that app form to the T&C's except where it states :

 

"Important - Your Information

 

"I have read condition 21 of the T&C's............etc

 

And in the main paragraph it tooks about the T&C's and how your information is dealt with in your "Application"

 

The T&C's give most of the prescribed terms that would make this enforceable but is the link STRONG enough to enforce, in my case the DJ in court clearly thought that this was the case.

 

I am now appealing this decision but I am looking for signs that definitelty make this document or combination of the documents unenforcable.

 

Any Thoughts Anyone

 

Beau

[alangee]

My wife received a claim from Morgan (representing Cabot) today, via Northampton.

 

PoC states:

 

The Claimant is the Assignee of a Debt(s) from Monument

Credit Card reference xxxxxxx

Notice of Assignment having been given to the Defendant in writing. Despite demand for payment £xxxx.xx remaind due. The Claimant claims £xxxx.xx and interest under s69 County Courts Act 1984 and costs.

 

The demand for payment is nearly 50% more than the NoA states, and there was over £700 of unlawful default charges/interest in that transfer amount as well.

 

As far as I am concerned the prescribed terms must be in the signature document, not in the T&C's. As you say, Beau, they point you to the fact that they will contact the CRA's, but do not refer to the prescribed terms at all.

 

Alan

Edited January 29, 2010 by alangee
Changed title

[alangee]

Mods, as this is now a claim from Cabot/Morgan, can you move it to the Legal forum?

 

Thanks

 

Alan

[B3rty]

It does say the enclosed T&Cs not attached T&Cs I think with the recent Waksman judgement this makes a difference as the PTs need to form part of the agreement even if stapled

 

I expect you remember signing this thinking I cant see any terms maybe they send these to me with the information about cancellation rights!!!

[alangee]

Thanks, B3rty, I missed that point about enclosed versus attached.

 

Alan

[alangee]

I assume that as they mention the notice of assignment in their PoC, I can request (under 31.14) they show me a copy of the deed of assignment and proof of postage of the NoA, as well as a copy of the agreement.

 

Alan

[B3rty]

Looking again at Wakesman I would imagine this agreement has been varied so they need to send the original terms and current terms have these been forthcoming?

[alangee]

Not yet, although that is another request I can make on with the 31.14.

 

Alan

[alangee]

As this is now the subject of a County Court claim, can one of the mods transfer it to the Legal forum?

 

Thanks

 

Alan

[alangee]

I have been looking through my Monument file - this thread relates to a claim against my OH - and I have a letter from Monument which states that the reply card that Cabot are relying on is in fact an application card. I know that we all knew that anyway, but it is nice to have it confirmed by the OC.

 

Alan

[alangee]

Wrote to Morgan outlining the fact that the prescribed terms in the T&C's they supplied were not the same as in my OH's, sending a redacted copy of her first statement to prove it, and offering them the chance to drop the claim.

 

They have replied with the following CPR18 request.

 

Copy of her credit agreement

Copy of T&C's that were relevant to her application

Copies of all Providian CC statements

Copies of all correspondence from Cabot Financial (Europe) Ltd.

 

I thought they were supposed to be in possession of all of those prior to making a claim!!

 

Alan

[Pinky69]

Mistake to let them know you had the original. They could not have taken you to court without it.

[alangee]

Hi Pinky

 

I do not have the originals of anything except for the first few statements. They had already taken my OH to court without anything. By showing them a redacted statement - which has everything blanked out except for the actual amount charged in interest - I am trying to avoid it going any further. All they will get from me is more redacted statements. They sent me redacted documentation when I sent them a CPR18.

 

I have also replied saying that I believe they are on a "fishing" trip, because they do not have the evidence supporting their case.

 

Alan

[alangee]

Just a quick update on this.

 

Despite my wife having a solid defence against the claim by Cabot, Morgans refused to accept her evidence (interest in prescribed terms wrong), and were determined to continue with the case. As a result, we instructed a firm of solicitors, who convinced Cabot/Morgan of the error of their ways, and today we have heard that they have dropped their claim.

 

I would like to say a massive thank you to Paul (pt2537), for achieving in just a few weeks, what I had been unable to do in more than a year.

 

Can the mods update this to another success against Cabot? Thanks.

 

Alan

[Fred Bassett]

I assume that as they mention the notice of assignment in their PoC, I can request (under 31.14) they show me a copy of the deed of assignment and proof of postage of the NoA, as well as a copy of the agreement.

 

Alan

 

There are a lot of these letters from Morgans flying around at the moment - I've got two. There is a common theme here - nobody ever receives the notice of assignment from Cabot. I don't think they send them, but just knock something up if the debtor has the temerity to complain. Unfortunately, I've read on another thread, that at least one court will accept that on 'the balance of probability' Cabot did send the NoA.

 

There must be a lot of people on here - I'm one of them, who would be willing to sign a witness statement to the effect that this notice was never received. If enough people do this to persuade a court that the balance of probability actually lay in the other direction then this would surely be a blow to Cabot. I'm game - anyone else?

 

Regards.

 

Fred

[ohitsonlyme]

Mmmmm got one of these letters myself today, mine was reference an old peoples bank of conecticut,(who??) held by Citi financial, it goes back to at least 1999 as I have one old statement in my possesion and is the same account number so they cant try telling me it was a new agreemnet I signed

 

I have written back telling them the account was in dispute with Citi, so send it back to them.

I have also wrtten to Citi asking for a copy of the NoA The one I got with Cabot was a cobbled photocopy with a date different than the date on the letter they sent to me

Lets wait and see

I am back up for the fight again

onlyme