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

[cymruambyth]

I am all of a flutter, by starting a new thread you got me CAGbotted:p

[citizenB]

aww shucks:oops:

 

Have left a link to here on your other thread so people can find you.

 

Oops, sorry Cym.. didnt think to warn you

[Hadituptohere]

Lolllll, well i do have that effect cym

 

Hadituptohere

[cymruambyth]

As if we need to find him, all you have to type is Cabot and as if by magic he appears:lol:

[Meldrew]

I think I'll keep a copy of this (if you don't mind Meldrew) as I'm expecting a similar letter in the near future:eek:

Thank you

Feel free... We're all here to help each other.

 

If you're uncertain about what any of it means, just ask.

 

For newbies: - just remember no two cases are identical, and different things will have happened to yours before reaching this stage. That's why you must always tailor such templates to your own circumstances, else they will be misleading and confusing to the other party and probably lead to embarrassing misunderstandings.

[Hadituptohere]

I have recieved the letter from court today..

 

I sent a letter as advised by the case manager with a schedule of costs for the judges attention and he has said:

 

'The order of 19th May 2010 already deals with the requests made in this letter'

 

Ive no Idea where to go from here??

 

The order was an unless struck out order and the defendant be entitled to costs of the claim to be subject to a detailed assessment in default of the agreement

 

 

Hadituptohere

[Meldrew]

I have recieved the letter from court today..

 

I sent a letter as advised by the case manager with a schedule of costs for the judges attention and he has said:

 

'The order of 19th May 2010 already deals with the requests made in this letter'

 

Ive no Idea where to go from here??

 

The order was an unless struck out order and the defendant be entitled to costs of the claim to be subject to a detailed assessment in default of the agreement

 

 

PS hadit, it's not "the" agreement - the Order means the court will assess your costs if you & Cabot can't agree the amount

OK, so now you need to ask Cabot to comply with the Order. Start with the costs schedule you sent to the court (I guess you used N260 as suggested earlier; if not, do so now, but cross out "Summary Assessment"). Edit & refine it as needed, then send it to Morgans with a copy of the Order and N252, which Cabot must pay within 21 days.

 

If they don't pay on time and/or you're unable to agree an amount and/or payment date, you must then apply to the court for Detailed Assessment. To do that, you send N258 to the court with a copy of the N252 & N260 that you previously sent to Morgans, with court fees added on.

 

Read the forms etc carefully - they're all pretty straightforward - above all, DON'T PANIC!

[Hadituptohere]

Hi Meldrew

 

Thanks again for your advise, I didnt use the N260 as the case manager advised not to use any specific form just to list the costs but will do now and transfer everything onto the form.

 

slightly concerened as were of to a family wedding abroad for three and a half weeks, so wont be able to answer any mail/responce

 

Hadituptohere

[Hadituptohere]

Wow...is that right a detailed assessment court fee is 300.00???

 

Hadituptohere

[Meldrew]

Wow...is that right a detailed assessment court fee is 300.00???

Yup, and Morgans [should] know it. Don't worry too much - you include all such fees in your costs.

 

I guess this is the judge's subtle way of telling Cabot/Morgans that it'll cost them if they still ignore the rules and abuse the court procedures. The highly emphasised text in the Order shows he is well p!ssed off with these bottom feeders making up claims with no hope of success.

Edited July 17, 2010 by Meldrew
mistook

[Hadituptohere]

LOL and I cant wait to see if silly morans (ooops spelling mistake) to issue against me in my other thread and for it to be transfered to my local court

 

Hadituptohere

[Meldrew]

...Thanks again for your advise, I didnt use the N260 as the case manager advised not to use any specific form just to list the costs but will do now and transfer everything onto the form.

A couple of tips for the N260:

 

• in the "description of fee earners" box, just put your own name; "Litigant in Person"; £9.25.
  
• use a spreadsheet to calculate total time to put in each category on the N260, with a "Notes" column saying what you spent the time on.
  
• everything except your time goes under "Other expenses" - put "see attached", and list them all chronologically on your spreadsheet - don't forget ancillaries like postage, copying, travelling (40p/mile) etc - anything that you wouldn't have spent if Cabots hadn't claimed.
  
• include a separate list of court fees on the spreadsheet, showing date, amount, court paid to and very brief description of what each fee was for.
  

slightly concerened as were of to a family wedding abroad for three and a half weeks, so wont be able to answer any mail/responce

Well, just post the N252 & N260 (rec.deliv) before you go, have a great time, and look forward to banking a big fat cheque when you get back.

 

PS Remember when completing the forms, although you're now asking Cabots to pay up, THEY are still the "claimant" in the case, and YOU are the "defendant". Could be v.confusing otherwise!

[Hadituptohere]

Thankyou once again, its all in the envolope ready for posting first thing monday.

 

I'll be bored after the first week, cant do with lying on the beach all day

 

Hadituptohere

[Hadituptohere]

Hiya guys

 

Back from my hols and nothing at all in the post from Cabot regarding my claim for costs, claim sent recorded as advised, they have received it (proof, sent it to Morgans, should it have gone to cabot?). Looks like its 300.00 more for cabot in costs.........

 

Hadituptohere

[Rhia]

Help towards the next exotic holiday HIUTH. I went to Mauritius a few years ago now and absolutely loved it. Hope it was good for you too!

[Hadituptohere]

Thanks Rhia, it was, my fith visit ( father in law Maurituan) and love the place , the way cabot are going ill be looking to purchase my own property out there when I issue for damages lol, I have cheap Villas available for rent if anyone interested lol.

 

Hadituptohere

[Hadituptohere]

received in responce to my letter that was adapted from meldrew's post 6..

 

 

 

 

 

 

 

Page 4 are so clearly Goldfish and are not MSDW and I dont recall receiving pages 2 and 3, they kindly highlighted the Consumer Credit Agreement regulated by the CCA 1974 bits top and bottom, shame they seem to forget that when they issue in court as the creditor for the purpose of the act..

 

Hadituptohere

 

Hadituptohere

[cymruambyth]

I hope you will be confirming all their information by return

Your application form is legible. OH has also received Goldfish t&cs plus MSDW ones from after he allegedly signed;)

[Hadituptohere]

Lucky for me I have a written letter that cabot have purchased the debt but clearly states they and the creditor service the account which could cause problems..

 

I dont know which pre action protocol would require me to confirm this in writing???? I do hope morgans are going to comply with their requirements and prove they own the debt

 

Hadituptohere

[Hadituptohere]

Hi there, does anyone know if theres a time limit for serving the N258 in court after serving the N252 and N260 to the Claimant? Also should the 252 and 260 have gone to Morgans or Cabot???

 

Thanks

 

Hadituptohere

[AndyOrch]

Hi there, does anyone know if theres a time limit for serving the N258 in court after serving the N252 and N260 to the Claimant? see below Also should the 252 and 260 have gone to Morgans or Cabot??? The Sols acting for the Claimant

 

Thanks

 

Hadituptohere

 

In cases in which Form N258 is appropriate, the request should be filed within six

months after the judgment, order or event giving rise to the right to costs. In cases in which any

of the other three forms a ,b,c, of request is appropriate, the request should be filed within three months

after the judgment, order or event giving rise to the right to costs.

 

Regards

 

Andy

[Hadituptohere]

Thanks Andy

 

Hadituptohere

[Desperate Daniella]

This is yet another cut and paste job, and fraudulent. No. 7 is missing from your application form. They cut these up individually every time. On the so-called back page the column on the left is also individually stuck on as there are other examples on this site where the space between the first paragraphs and the box headed 'Important' varies too. I haven't been on for a bit so will have to check out the different ones for you as I can't remember offhand.

 

DD

[Hadituptohere]

Thankyou for having a good look at this one DD, glad your back

 

Hadituptohere

[Desperate Daniella]