County Court Claim form received - Cabot ***WON***

[Brassed off]

Thanks Haditup, it's going to be a long two weeks methinks.....

[gh2008]

A *Stonking* good Order that one Bo give yourself a pat on the back

[car2403]

**Bows to the Order**

[Rhia]

This Judge has saved you the bother of asking for an "unless" order. As HIUTH says another Judge who has rumbled Morgans.

[cymruambyth]

Please send your DJ to my court!!!!

[andrew1]

Warms the cockles of me Fan club eart! well done BO.. tick tock....

[Brassed off]

Thanks guys, think you have the judge to thank for that one - obviously done his homework 8-)

 

Not counting chickens but may just put the Part 18 off for a while !!

 

Sorry I'm PMSL here and it's only just gone 6am - where on earth did you get that Avatar Car - love it

[car2403]

Thanks guys, think you have the judge to thank for that one - obviously done his homework 8-)

 

Maybe he's a CAGger...

 

Sorry I'm PMSL here and it's only just gone 6am - where on earth did you get that Avatar Car - love it

 

I know, I almost pee'd myself when I saw it, and it sums up the Site Team's role very nicely, so I took it as my own.

 

This is what the Judge will be doing to Cabot in your claim!

[Debtcontrol]

BO, this is excellent news, well done.

Just shows the DJ lottery up again though, we had similar POC, AQ etc etc, and I have a date for mine, hopefully sense will prevail in the end for both if us.

Well done again, this is a good move!

DC.

 

Received this from the court at the weekend ;-)

 

IT IS ORDERED THAT

 

1. Unless by XX Oct 2010 the Claimant files full particulars of claim including reference to the original

contract, and if a regulated agreement under the Consumer Credit Act

 

a) a copy of the agreement

b) a statement of account

c) the default notice

d) documentary evidence of the assignment

 

The claim will be struck out

 

2. On compliance by the Claimant with paragraph 1 hereof the Defendant shall send to the Court and to the Claimant

a fully pleaded defence.

 

3. This Order was issued without a hearing, if you object to this order you have 7 days from the date of service of this

order to apply to set aside, or revoke this order.

 

Dated XX September 2010

[cups]

Hi

 

Glad you have won with the DJ lottery, l didn't win but l feel happy every time that someone else does,,

 

Cups

[car2403]

We need to take one step at a time, here, though, as there's no guarantee that the Judge issuing that Order will be the Judge to hear the claim.

 

Sorry to p on your bonfire, but someone needed to say it before we all get a little too excited.

 

Now, if you do get that Judge, I'd like to be a fly on the wall, please...

[Brassed off]

BO, this is excellent news, well done.

Just shows the DJ lottery up again though, we had similar POC, AQ etc etc, and I have a date for mine, hopefully sense will prevail in the end for both if us.

Well done again, this is a good move!

DC.

 

Thanks DC. I may have got lucky, you never know. I really need to read your thread. Hope that it works out for you though

 

Hi

 

Glad you have won with the DJ lottery, l didn't win but l feel happy every time that someone else does,,

 

Cups

 

Not necessarily cups but hey, maybe I got lucky for once in my life. Sorry that you didn't win yours. I may have read your thread, can't remember now I've read so many. Will put it on my "to do" list which is never ending LOL

 

Please send your DJ to my court!!!!

 

Hey girl I know where he is and if I could send him I would. We need more DJs like him I think! Perhaps I am in the wrong job

[Brassed off]

We need to take one step at a time, here, though, as there's no guarantee that the Judge issuing that Order will be the Judge to hear the claim.

 

Sorry to p on your bonfire, but someone needed to say it before we all get a little too excited.

 

Now, if you do get that Judge, I'd like to be a fly on the wall, please...

 

Car you can pee on my parade love, the amount of personal crap I have going on at the moment, nothing would surprise me now. As I said, I don't count chickens.....

 

If I get that judge, you will be there never mind the fly. I'll get you a pint afterwards

[mysticpols06]

:whoo:xx

[RobinWayRobinme]

Good news BO. I would agree with car, but the order firmly knocks the case into shape and other side know that if they want to get into court they must comply with order, if they don't, strike out.

R

[pabrmu]

Hi All,

This has been a fascinating read over the past couple of days.

Well done BO and fingers crossed for you.

It is probably irrelevant in this case now, but Morgans statement at post 272 may be useful for others.

They state: '5.2 The Claimant was not required to send Notice of Assignment to the

Defendant by recorded of special delivery. The Notice of Assignment is

sufficiently served for the purposes of Section 196 (3) of the Law of

Property Act 1925, if it delivered to the last known place of abode when

delivered by ordinary post. The Claimant relies upon Kinch v. Bullard

[199e] 1 FLR 66."

My reading of that part of the Act specifically mentions registered post.Nowhere does it mention "ordinary post".

The caselaw they seem to be relying on does not back up what they are saying either.This also does not mention "ordinary post",although to be fair, it does not specifically mention registered post.

[Brassed off]

Thanks Pabrmu

 

Lots to update Caggers on.

 

I've received my SAR back from Cabot on disc (just on the 40 days!). Not gone through it with a fine toothcomb yet but I notice on my account history, a request to Hitachi for the T&Cs. Will have a good read through it.

 

Also received SAR back from Hitachi - very thin on the paperwork. Something else to go through.

 

But the biggie is that Morgans/Cabot have now submitted full POCs to the court within the time allowed. They state on their covering letter that there was no legal requirement to serve a Default Notice.

 

Where to go from here?

[Hadituptohere]

But the DJ has requested the DN in his/her Order

 

Hadituptohere

[the_shadow]

But the biggie is that Morgans/Cabot have now submitted full POCs to the court within the time allowed. They state on their covering letter that there was no legal requirement to serve a Default Notice.

 

Where to go from here?

 

I take it this was for a loan then? I assume that they are claiming no default notice is needed if the loan agreement has come to an end and they are asking for the whole amount which is now classed as arrears... it shouldnt be allowable tho if this was a rolling credit agreement such as a credit card/store card.

 

S.

[Brassed off]

But the DJ has requested the DN in his/her Order

 

Hadituptohere

 

He did! But they've sent everything they've got to the court including amended POCs. Still no T&Cs though. It will depend on what he thinks of their reply I suppose. They haven't complied with the order though...

 

I take it this was for a loan then? I assume that they are claiming no default notice is needed if the loan agreement has come to an end and they are asking for the whole amount which is now classed as arrears... it shouldnt be allowable tho if this was a rolling credit agreement such as a credit card/store card.

 

S.

 

Yes it was a credit/finance agreement. They make no mention of the DN in the POCs though, they just state that it was not a legal requirement to provide a DN on their covering letter.

[gh2008]

Interesting they only quote costs of £1k IMHO they are trying to cap YOUR costs to 2/3 of theirs when they lose

The 'normal' costs to this point would be over £3k with £3k the quote for going to the hearing

 

@BO I would seriously consider a Part18 request to clarify the current status of the account.

If it is terminated then when and by whom was it terminated

and if it has not been terminated then who is the current creditor as you wish to see a copy of the current agreement together with all T&Cs.

 

My thoughts still stand re a Part18 request ....

 

The account is either

still live - in which case who is the creditor

terminated - in which case when & by whom & where is the DN.

 

If they reply saying it has 'ended', then there are no arrears, as arrears by their definition are only on an active account .... (you can have 'arrears at termination' but not arrears on a terminated account)

[the_shadow]

Yes it was a credit/finance agreement. They make no mention of the DN in the POCs though, they just state that it was not a legal requirement to provide a DN on their covering letter.

 

How exactly did they put that? was it that there was no reliance on s87 and therefore no need to file a default to the defendant?

 

S.

[Rhia]

Bo can you post up the POC for us all to see? Gh is right another Part 18 is called for. The Judge did specifically ask to see the DN as (I believe from memory) he confirmed if it was a CC regulated agreement.

 

I'll let Bo post it up but I don't think s87 is even mentioned I think they are using breach of contract.

[Debtcontrol]

I'm interested in this, I think they have done the same to me, just compiling a WS now, so want to get all relevant info in.

 

I have a letter from Morgans saying the DN is not required. Will have to dig out the POC again.

[Brassed off]

Originally Posted by gh2008

Interesting they only quote costs of £1k IMHO they are trying to cap YOUR costs to 2/3 of theirs when they lose

The 'normal' costs to this point would be over £3k with £3k the quote for going to the hearing

 

@BO I would seriously consider a Part18 request to clarify the current status of the account.

If it is terminated then when and by whom was it terminated

and if it has not been terminated then who is the current creditor as you wish to see a copy of the current agreement together with all T&Cs.

My thoughts still stand re a Part18 request ....

 

The account is either

still live - in which case who is the creditor

terminated - in which case when & by whom & where is the DN.

 

If they reply saying it has 'ended', then there are no arrears, as arrears by their definition are only on an active account .... (you can have 'arrears at termination' but not arrears on a terminated account)

 

Yes, totally agree gh, Part 18 request in the pipeline ;-)