Cabot/morgan Claimform Morgan stanley card debt **struck out**

[foolishgirl]

That's OK. If necessary you can send an amendment/addenda to your WS later under disclosure rules.

[Hadituptohere]

Just been to my local court and handed my N170 in, I enquired about my letter dated the 6th May request for strike out and was told a reply was in the post, it went out friday so come one postie hurry up, didnt sound to good though as he took my N170 off me and said he would have to see what the judge says to that.

 

Hadituptohere

[Hadituptohere]

LOL postie has just been and the letter states

 

'If the Claimant is in Default of the Order of the 12th April 2010 the claim stands struck out by operation of paragraph 2, If you require any further orders to be made by the court you should apply using the correct form paying the correct fee.'

 

Hadituptohere

[foolishgirl]

Hooray!!

 

:):)

 

Looks like you didn't need to submit that N170 after all.

 

Well done Hadit. Now go for your costs...

[Hadituptohere]

I know that was strange, why did he take it off me and say he would have to see what the judge says??? is that it (apart from the costs)? wont cabot have something to say on the matter (appeal)

 

 

Hadituptohere

[foolishgirl]

The clerk wouldn't necessarily know or appreciate what was in the letter in the post & the further submission of the N170 so he would say that wouldn't he?

 

Cabot won't be happy but they would now have to apply for a set aside giving their reasons for non-compliance with the court order. You would have the opportunity to object to that & I certainly would as haven't they been reminded by you on several occasions to comply so their refusal to do so may be seen as the court as a 'contempt' & they may rule that the judgment stands. However it's also possible that Cabot have bigger fish then you to fry & will just forget the whole thing. They seem incredibily lazy & inefficient so I guess this option might appeal. Anyway give it a couple of weeks before you apply for costs just to make sure.

[Hadituptohere]

Wow... so nothing more for me to do about this other than persue costs in a few weeks unless I hear otherwise???? (hadituptohere shakes his head vigorously and cant beleive it)

 

Hadituptohere

[cymruambyth]

However it's also possible that Cabot have bigger fish then you to fry & will just forget the whole thing.

 

Hope that isn't referring to me!!!!!

Excellent news well done.

[alangee]

Hi HIUTH

 

I found this on the web, and it may be of interest to you:

 

 

Unless orders

 

One of the types of order that the tribunal can make is an ‘unless order’. This is an order in the form: “Unless you do that, this will happen”.

For example, the tribunal may order “Unless the Claimant discloses all the documents on which he intends to rely by the 1st May, his claim will be struck out”.

Unless orders are usually made when a party has failed to comply with previous orders. They are a way of the tribunal saying “This is your last chance. Sort this out, or else.”

Your aim should be not to get into a situation where the tribunal makes this type of order. But if they do, it is vital that you comply with it – to the letter and on time.

This is even more important following the case of Chukwudebelu v Chubb Security. The Court of Appeal has ruled that an unless order takes effect automatically if not complied with.

In other words, if, in the example above, the claimant fails to disclose his documents by the 1st May, his claim will be considered struck out at that point. The tribunal will not have to make a second order to do so. This means there will be no opportunity for explanation, apologies or excuses. It will have happened.

If the worse happens and it really is impossible to comply with the unless order, it is vital that you make an application to vary it before it takes effect. This should be done in sufficient time that the tribunal can make a decision to change the order before the deadline for compliance.

Chukwudebelu v Chubb Security

 

 

Alan

[alangee]

Hi HIUTH

 

I found this on the web, and it may be of interest to you:

 

 

Unless orders

 

One of the types of order that the tribunal can make is an ‘unless order’. This is an order in the form: “Unless you do that, this will happen”.

For example, the tribunal may order “Unless the Claimant discloses all the documents on which he intends to rely by the 1st May, his claim will be struck out”.

Unless orders are usually made when a party has failed to comply with previous orders. They are a way of the tribunal saying “This is your last chance. Sort this out, or else.”

Your aim should be not to get into a situation where the tribunal makes this type of order. But if they do, it is vital that you comply with it – to the letter and on time.

This is even more important following the case of Chukwudebelu v Chubb Security. The Court of Appeal has ruled that an unless order takes effect automatically if not complied with.

In other words, if, in the example above, the claimant fails to disclose his documents by the 1st May, his claim will be considered struck out at that point. The tribunal will not have to make a second order to do so. This means there will be no opportunity for explanation, apologies or excuses. It will have happened.

If the worse happens and it really is impossible to comply with the unless order, it is vital that you make an application to vary it before it takes effect. This should be done in sufficient time that the tribunal can make a decision to change the order before the deadline for compliance.

Chukwudebelu v Chubb Security

 

 

Alan

[Meldrew]

'If the Claimant is in Default of the Order of the 12th April 2010 the claim stands struck out by operation of paragraph 2, If you require any further orders to be made by the court you should apply using the correct form paying the correct fee.'

GREAT NEWS - A HUGE STRIDE IN THE RIGHT DIRECTION!!! :p:p - I think you owe fg a magnum of something French & sparkly for reminding you about the "unless order".

 

Next step is for the judge to exercise his power to strike out, as by CPR 3.4(2) it must now "appear to the court" from your letter that Cabot failed to comply. You might want to ask the court office to clarify whether the judge will make summary judgement and costs orders "of his own initiative" by CPR 3.3(4), or if his letter means he expects you to apply for them via CPR 3.5 & 23.

... wont cabot have something to say on the matter (appeal)

Theoretically, yes, but on what grounds? As well as failing to comply with several court orders, Cabot has ignored/broken so many CPRs and - despite the orders and umpteen requests & reminders - hasn't come up with any evidence substantiating the claim (notably a valid credit agreement & T&Cs, and Deed/s of Assignment/s). Therefore Cabot would have a very hard time persuading a judge that its claim has any merit or any chance of success. That applies equally to the Goldfish & Morgan Stanley Dean Witter card A/Cs Cabot's been wittering on about (geddit: Witter - wittering; oh, never mind).

 

Even if the claim was reinstated, you have several more shots in your locker, for example in order of preference:

 

• CPR 3.4(2)(a) strike-out for no reasonable grounds
  
• unenforceable credit agreement (#260)
  
• irrelevant & ineffective purported DoA (#252)
  

If Cabot has any sense it will just clear off, pay your costs and forget the whole thing.

... in the WS it states that Cabot UK have no employees so who signs as assignee of the debts??

The WS says Cabot UK has no employees "Save for Statutory Officers". UK registered companies must have at least 1 Director & 1 Co.Secretary, so I s'pose one of them signs stuff. Hadit says he hasn't seen a valid DoA, so I guess he can't verify who signed it (if it actually exists, which I doubt - or Cabot would have produced it).

[Hadituptohere]

Thanks Meldrew and foolishgirl, Ive called the court and it seems they expect me to apply via correct form paying the correct fee

 

im looking into that straight away, Hello Towers2 again....cabot towers no doubt

[vint1954]

Thanks Meldrew and foolishgirl, Ive called the court and it seems they expect me to apply via correct form paying the correct fee

 

im looking into that straight away, Hello Towers2 again....cabot towers no doubt

N244 I beleive and the fee, £75.

[AndyOrch]

If you make th application without an hearing (as you should) its only £45

Practice Direction 23a/3

 

Andy

[Hadituptohere]

Cool thanks andy, was just going to ask that very question, does it need a hearing? and theres my answer. lol.

 

in No 3 of N244: I request an Order to Strike out due to Claimants Default of District Judge **** Court Order Dated 12 April 2010 (copy enclosed)???

 

Do I need to attach a draught Order that im appying for?????

 

Heres a copy of the Court Order

 

[AndyOrch]

Just pen a short draft like Directions ie further to DJ xxxx Order dated xxx etc etc make application to Strike out the Claimants Claim etc etc

 

Andy

[Hadituptohere]

In the Draught order do I request cost there? application plus costs to the defendant to date?

Edited May 17, 2010 by Hadituptohere

[AndyOrch]

Has the DJ awarded you costs?

No you will need to draft a seperate request for costs.

 

 

Andy

[Hadituptohere]

N244 completed, 45.00 in my pocket, just the draught order to write. then a trip back to the court tomorrow.

 

Hadituptohere

[caro]

This excellent post may help you.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2932870.html

[Hadituptohere]

Thankyou Caro is there any chance you could pop over to my other thread to provide some much needed avdise, thanks again

http://www.consumeractiongroup.co.uk/forum/legal-issues/252500-help-need-plz-santander.html

 

Hadituptohere

[Hadituptohere]

Well didnt get to the court with my application to strike out because this fell through my door on monday morning

 

 

 

Tut,tut,tut morgans, you seem happy to really pee the DJ off.

 

If they do comply (will phone tomorrow aft to see) I'm heading to court tomorrow with my 45.00 and the application for failing to comply with a court order....

 

Hadituptohere

[Rhia]

Well, well. I wonder if the name Morgans crops up regularly on this list of practitioners?

[creditcardmug]

Excellent, Cabot/Morgans are simply playing games, using the courts, (who are understandably getting ****ed off), to get you to fold

[vint1954]

Well a call to the court tomorrow afternoon.