Please advise me - CABOT/MORGANS....

[adebo119]

Hello; I am hoping I can get some good advice from you good people out there. In 2003, I took out a loan from Egg for £20000. I also took out insurance for the loan for £4450. I was paying back £457 a month every month until middle of 2005, when I had to stop working(I was a contractor) due to complications with my pregnancy. I called up the insurance people (can’t remember, but think it was in-house with egg), and explained that I was unable to keep making payments, but was told that unless I declared myself bankrupt, they were unable to help!

Last year, Cabot wrote me, stating that they had been assigned the debt, which, according to them, stood at over £16k. Unfortunately, I have lost all the paperwork (I moved houses after getting the loan), but I am surprised that I am still owing as much as £16K . Anyway, I ignored them all last year, never admitting to the debt (not sure if this was wise ), and then in January, I got a letter from Morgans solicitors saying I needed to call, or else.... Interestingly, out of the blue, Egg wrote me in January too with a letter titled ‘Loan Account Statement’, and their outstanding figure for me was exactly £1000 more than what Cabot say I owe... hmmm...

Yesterday morning, I received a letter from Northampton court asking me to admit or defend the claim from Morgans solicitors. How do I proceed from here? To be honest, I am not in a position right now to make any payments... I am DESPERATELY looking for work left right and centre, and this is just an additional stress I could do without. Is it too late to ask for a CCA? (yes, I have been reading through this beautiful website!) What if they do have the CCA, do I just admit the claim? Can i ask for the court to be closer to where I live? If I do get a CCJ against me, could they still send bailiffs round?

Any advice would be gratefully received.

Thanks so much.

[42man]

My initial thought is that you had taken out payment protection and when you tried to claim they seem to have said 'no'...seems it was obviously missold !! It is was indeed as much use as a chocolate fireguard then it brings the whole agreement into question. - Customer’s debt wiped after MBNA PPI cock-up | BitterWallet What are the particulars of the claim on the claim form ? (don't be too specific with the fine details though) - and do have a read here - http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

[adebo119]

Hi 42man,

 

The particulars of the claim read:

"The claimant is the assignee of a debt from Egg Banking plc loan ref XXX. Notice of assignment having been given to the defendant in writing. Despite demand for payment, £16xxx.xx reamins due. The claimant claims £16xxx.xx and interest under s.69 County Courts Act 1984 and costs".

 

I have to respond to the claim very shortly; is it too late to ask for a CCA? I have lost the paperwork for the original loan

 

Thanks so much for your help. Very grateful

[42man]

I think it might be a good idea to CPR31.14 in relation to the deed and the notice of assignment. But this will only cover what is mentioned in the claim, I think a CPR18 with it might be a good idea too - (send all recorded)... - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html and this is the CPR18 - http://www.consumeractiongroup.co.uk/forum/legal-issues/148845-bryan-carter-received-summons.html#post1573418 Any PPI on it at all ?

[42man]

And do read this too - http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

[adebo119]

Thank you, 42man. Yes there was PPI on it, but when I called up and told them about my situation and being unable to pay anymore, they said unless I declared myself bankrupt, there was nothing they could do. As a matter of fact, i don't even remember getting a letter of default from egg.

 

I will look at the links you have sent me. Thanks so much, God bless.

[adebo119]

I am very concerned because it is a lot of money - in excess of £16K! And I am not working right now... Do people really get stuff thrown out of court with amounts this large?!

[42man]

You may or may not have seen these too - Egg fined £721,000 for mis-selling PPI | Money | guardian.co.uk

[adebo119]

After being summoned to court, I wrote to Morgans solicitors (cabot in-house solicitors) asking them to provide me with a: a copy of the agreement between myself and Egg, as this was not attached to the particulars of claim and b: the notice of assignment.

 

I also asked wrote to ask for: ‘A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold’ (CPR 1:cool:

 

They responded that they have made requests for a copy of the credit agreement and default notice together with copies of T’s & C’s prevailing at the time of opening the account, and that this would be provided to me (no time frame was mentioned).

 

They also said they are unaware that they must provide an enforcement notice, and requested that I show them the relevant provision in the CCA.

 

The NOA they sent me was a one-paragraph letter supposedly from Egg. Nothing in all the documents they sent me has my signature on it.

 

I had taken out a PPI with this loan, and when I had to stop working due to complications in my pregnancy, I called up and was told that unless I declared myself bankrupt, there was nothing they could do! I don’t recall getting a default letter (though, possibly I did).

 

Is this debt enforceable? Is it true that they don’t have to provide an enforcement notice? Do we still have to go to court when they have not yet provided a credit agreement? What do I do next?

 

Any help or advice would be greatly appreciated.

[adebo119]

I have done a cpr 31 and 18 to Morgans. They replied - to the wrong address . The postman recognised my name and brought it to my door - and included a log of all calls made to my number and lots of blacked out pages which are supposed to be the sale agreement of the loan. They also included a 'NOA' supposedly from egg, which I doubt, as the font is not the same as egg, but rather the same as cabots! They have not sent me a signed copy of the agreement, but said they would when they could get it.

 

I am tempted to say to the court that they have ignored my requests, as they sent it to the wrong address , but i just feel this may drag on unnecessarily. I have to put in my defence by tomorrow - shall I just admit that I owe the money but am disputing the amount (which I am - just looked at my bank statements and I think i am owing just over half of what they claim) and offer to make a token payment each month, as I am not working?

 

If I do this, will judgement not be entered against me anyway? I so don't want to go to court, and would LOVE a strikeout, but am assuming that they won't strikeout simply because there is no signed CCA?

[Debtcontrol]

Hello, going through the same thing with the same people right now....Good luck.

 

Just reading up on stuff now, seems daunting but think we will all get there!

[adebo119]

Hi, today i need to send in my defence to the courts. I wrote to morgans sols asking for a signed copy of my agreement with the OC, which was due over a week ago. All they sent me was a supposed copy of the NOA from OC, and said when they got it, they would send it to me.

 

Can I ask the court to strike this case out, or is it too early? My defence was going to be no NOA from OC, no DN, and no termination of account. At first I was partially admitting the claim, but disputing the amount, and offering to make a token payment monthly.

 

What do you guys suggest?

 

Thanks

[Guest Old_andrew2018]

Did you request information under CPR part 31.16, if you've not done so look at the start of the thread by pt2537 http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html#post1868913

[DonkeyB]

Re our PPI - were you self employed or a shareholder/director of a company? Bankruptcy is usually only a provision in such a case.

 

In which case, as a company director or self-employed person, you should not have been sold a PPI policy like that in the first place. Do you know how much you paid in premiums and interest? It may well wipe out any alleged debt and leave them owing you money.

[Guest Old_andrew2018]

You have some advice on your other thread with regard to acquiring the paperwork you need, IMHO it is early to ask for a strike out, When did you send the CPR requests.

Have you considered sending an Embarrassed Defence, this link will show an example

http://www.consumeractiongroup.co.uk/forum/legal-issues/245171-mbna-optima-legal-court-3.html#post2788009

[adebo119]

Thank you, Old Andrew 2007. I sent the cpr requests in Feb, and a reminder last week.

 

Yes, after thinking about it, I agree it's too early to ask for a strikeout . I'll look at this link - anything to help, as all of this is totally new to me.

 

Thanks again!

[adebo119]

Update - Morgan sols have now sent me a letter 'pursuant to CPR r.18', requesting that I provide them with a copy of the PPI policy I had with Egg; a copy of the t's & C's realting to the PPI policy; a copy of the claim I made in accordance with the PPI policy; and a copy of the communications I had between myself and Egg in respect of my claim (they want a response in 28 days).

 

I don't have ANY of the above documents... are they actually allowed to ask for these docs? And to what purpose? Any idea how I should reply them?

[adebo119]

Update - Morgan sols have now sent me a letter 'pursuant to CPR r.18', requesting that I provide them with a copy of the PPI policy I had with Egg; a copy of the t's & C's realting to the PPI policy; a copy of the claim I made in accordance with the PPI policy; and a copy of the communications I had between myself and Egg in respect of my claim (they want a response in 28 days).

 

I don't have ANY of the above documents... are they actually allowed to ask for these docs? And to what purpose? Any idea how I should reply them?

[bazaar]

No, Its them that have to supply YOU with the proof,

If you havent got these documents, then thats all you can say.

Are you absolutely sure you havent got the PPI stuff.

If they failed to send you requested documents, which theyve stated in their claim, then the only defence you can file is an embarrassed one.

You were also a contractor, So I assume you were self employed, so that would mean the PPI was useless and definitely missold to you.

[bazaar]

Update - Morgan sols have now sent me a letter 'pursuant to CPR r.18', requesting that I provide them with a copy of the PPI policy I had with Egg; a copy of the t's & C's realting to the PPI policy; a copy of the claim I made in accordance with the PPI policy; and a copy of the communications I had between myself and Egg in respect of my claim (they want a response in 28 days).

 

I don't have ANY of the above documents... are they actually allowed to ask for these docs? And to what purpose? Any idea how I should reply them?

 

Adebo , please try to stick to one thread, you'll lose people

[freakyleaky]

3 threads merged.

[adebo119]

Thank you, Bazaar. I will stick to this thread . I moved after I had gotten the loan, and I was pregnant and ill, so I lost all the paperwork amongst other things .

 

However, I saw on moneysavingexpert.com a template that I could use to ask for details of the PPI I was sold, so I am thinking of writing to Egg to ask for the paperwork. I am thinking along the same lines as you, that they should provide me with paperwork, not the other way round..... They have now sent me a 'signed copy of the agreement' (a week late), but the figures on the statement don't appear to tally with my bank statements , but i have to take a closer look to confirm this first. They have also sent a notice of assignment, but have said they will send the statements of accounts when they get them from egg.

[DonkeyB]

If you're claiming a refund of premiums, it's up to them to prove you asked for the PPI, and that it was sold to you fairly - not the other way round.

 

Strange request that. Think they have their knickers in a bit of a twist over this one. By asking for the T&Cs, it implies they don't have them themselves - which looks very bad for them.

[adebo119]

I haven't even claimed anything! This is what makes their request quite odd!

[DonkeyB]

I am now totally confused. Must be a lack of alcohol. I think the merger of the threads has thrown me - can you pull it all together in a summary?