Cabot (Morgan's) taking me to Court

[pt2537]

lol oh well

[Gallahad]

I am starting to think we may soon find PT and possibly myself too will be extradited to sweden on a trumped up charge:!:

[Gallahad]

I am starting to think we may soon find PT and possibly myself too will be extradited to sweden on a trumped up charge

G

[pt2537]

ok i am currently fighting Cabot - crux of my arguments are that the paperwork recevied is illedgible and not recognised as a credit agreement, the date of the NOA is dated after the N1 was issued and the account number they are using does not match any of the account number on the alleged statement print outs - I have to submit my WS soon and any help would be really brilliant

ok, i refuse to give away the arguments we are running here,

 

But the acount number is a non starter,

 

The assisgnment is a problem for them, i have a case authority for that, cant attach it here and dont know if its reported on the free sites, but the authority is Cia Colombiana de Seguros v Pacific Steam Navigation Co [1965] which says the notice cannot be provided after proceedings are issued, the arguments are complicated and regard should be had to equity too,

 

The illegible agreement will only assist if there has been a section 78 request under the Consumer Credit Act 1974 (per Rankine v Amex and Carey v HSBC)

 

The illegible agreement must also be properly pleaded within the Defence. Per HHJ Platts in HFO vs Kirit PAtel on appeal

 

so you have the potential but you must make sure you get it in order to move forward really.

 

I hope this helps, its the best i can do with the restrictions in place

[pt2537]

more posts removed, but no one has been kind enough to let me know why,sigh,

 

ok i am currently fighting Cabot - crux of my arguments are that the paperwork recevied is illedgible and not recognised as a credit agreement, the date of the NOA is dated after the N1 was issued and the account number they are using does not match any of the account number on the alleged statement print outs - I have to submit my WS soon and any help would be really brilliant

 

 

ok, anyway, to add to the points above,

 

you say not recognised as a credit agreement? again this is a dangerous approach, and one that people miss alot, it seems the advice on here also fails to consider this point often too.

 

People often argue "its an application form" but you need to consider s127(3) Consumer Credit Act 1974 as that provision provides that the document needs to contain the prescibed terms and be signed by the debtor. that is all that is needed for the court to enforce it in my humble opinion.

 

The agreement would be improperly executed but would not be irredeemably unenforceable to the point where no enforcement order could be made.

 

so, if you can expand on the point as to why its not a credit agreement that that would help

[omgwhyme]

Hi I ve been reading the vast amount of threads on the lovely Cabot/Morgan cases . . . . I have recieved a claim form from Northampton, the CAB have been helping me deal with these delightful people to no avail, It seems I have 2 options 1- try and make a offer to repay a proportion of the debt cutting out all the interest they added or 2- Dispute it and attempt to right my defence .........scary? I would like to fight it, but am not in a position to pay a solicitor to represent me, can anyone help me - just acknowledged the claim and requested more time - shall I call them to confirm dates that I have to send my defence in ?

[Bigdebtor]

Subbing as have got phony NOA from Cabot recently.

 

BD