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

[Hadituptohere]

Any advise guys, ive only just managed to get together the 300.00 for the detailed assessment but been in touch with my local court and got mixed advise, I presented Morgans with my N252 and N260 back 19th August, I havent had a reply. Am I out of time to issue the claim for costs, the order was drawn on the 19th May allowing costs

 

Hadituptohere

[AndyOrch]

Hi HIUTH

One of X20s saves me typing up

What to do Next

Complete the bill adapting the narrative to your personal experience in terms of actual work done and actual time spent. Feel free to add to it where I have not imagined work which you actually did. Insert the dates and sign and date the bill.

 

Next complete Form N252 available from the HMCS website here.

 

You will ned to complete the court and party details in the box on the RHS.

 

The draft N242 I have completed gives the position as if my figures were used. Where the total used in the bill is to be different, put that figure in the first figure box where N252 says: ‘The bill totals £xxx.xx’. (figure [1])

 

Next, add £300.00 to figure [1] and put whatever this figure in the next box where N252 says:

the full amount payable (including the assessment fee) will be £xxx.xx). (figure [2]).

 

Next insert a date in the box before which is written: ‘You must serve your points of dispute by’. This date will be a date being not less than 21 days after the date on which your opponent receives the bill and the N252. In practice, add 25 days to the date on which you post the bill out to your opponent. If that date should fall on a Saturday or Sunday, insert the date for the following Monday.

 

Next fill out the box which provides a name and address at which the opposition may deliver any response to the bill of costs. The response will be entitled ‘Points of Dispute’. I don’t imagine one will arrive and if one does, how to deal with it will be dealt with in a later advice.

 

Next, leave the box beginning: ‘I certify that I have also served’ blank

 

Next, at the very end of the bill is a third figure box before which is written ‘If I have not received your points of dispute by the above date, I will ask the court to issue a default costs certificate

for the full amount of my bill (see above*) plus fixed costs and court fee in the total amount of £’ . In this box take the figure [1] and add £45.00 to it. This is the figure which goes in this box (figure [3]).

 

Print the N252 off, sign and date it.

 

Next, send the bill and the N252 off to the opposition’s solicitor.

 

After Having Sent the Bill and N252.

Make a note when the 25 days will be up.

 

I would expect the opposition to make contact with you in an attempt to settle the question of your costs. So as to avoid hassle and heartache, I would be prepared to settle at anything which came to about one third rather than two thirds of the hypothetical solicitor’s bill. On my example, that would be around £300.00 plus the court fee. You may want to settle at something less just to be shot of it.

 

If any offer comes in which is wildly below £300.00 post to this site for advice. I would imagine the opposition will be very keen to settle since objecting will tie them into expense they will wish to avoid and any savings will soon be wiped out by employing a solicitor to deal with the objections.

 

When the cheque comes in, make a donation to CAG.

 

If you have not heard from the opposition by when the 25 days are up you will be entitled to apply to the court for a default costs certificate.

Regards

Andy.

[Hadituptohere]

when the 25 days are up you will be entitled to apply to the court for a default costs certificate.

 

 

Cheers Andy I think thats what the court chap advised today and said its costs about 50.00????, doesnt it matter thats it was received by them on 20/07/10

 

Hadituptohere

[AndyOrch]

Shouldnt matter IMHO Hadit

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.

Andy

 

 

[Hadituptohere]

Thanks for that, just a little more required, Form D254 Petitioner is that myself and Respondant Morgans or Cabot? also Paying Party Morgans or Cabot?

 

Thanks

Hadituptohere

[AndyOrch]

Yes Hadit you are the Petitioner Cabot Respondent.

 

Andy

[Hadituptohere]

Thanks once again Andy

 

Hadituptohere

[Rhia]

Not the strongest on this but re N252 and N260 Cabot had 21 days to comply with these so they are taking the michael. With the assessment you have six months to file this so as Cabot haven't responded go ahead and amend your costs to include the £300 and re-send to Cabot. £300? It used to be £160!!!

 

Cabot will just be doing this to see if you have the nerve to file in court. Which we know you have.

 

PS I would amend costs form and re-send to Cabot along with copy of the original N252.

Edited October 12, 2010 by Rhia
Add PS

[Hadituptohere]

Thankyou Rhia glad to see you back to full speed

 

Hadituptohere

[Rhia]

Ha! i posted my pathetic ramblings straight after your appeal for advice so Andy must have been typing his superior knowledge at the same time. Good info from him. Now go get 'em.

[andrew1]

maybe we can link up with this cahp too http://www.consumeractiongroup.co.uk/forum/showthread.php?279684-cabo-t...cabot...cabot sounds like another Cabot disaster about to happen! LOL

[Hadituptohere]

Now go get 'em.

 

LOL Rhia thankyou for your support, the D254 was accepted by by local County Court this morning and only 60.00 bargain lol

[Hadituptohere]

Another chuckle note Morgans through the post today, dated from yesterday (looks like morgans are keeping up to speed on my expenses claim on here and decided coincedently to send me out retaliation to it) all the information requested in my other alledged account I have with them MSDW card. Carry on Morgans and lets see a counter claim for monies already paid plus interest, unlawfull charges applied plus interest plus mis sold PPI and interest along with registering defaults leading to increased lending with no default notice, IM SURE THAT LITTLE LOT OUTWAYS THE TOTAL CLAIMED.

 

Hadituptohere

Edited October 14, 2010 by Hadituptohere
added info for the Guests watching

[Hadituptohere]

Received in retaliation to my post yesturday, on my other thread im sure.

 

 

Hadituptohere

[Hadituptohere]

Theres 520.00 in unlawful charges, Ive paid 700-800 pounds already in error to cabot, theres PPI inclusive on the account, I guess inclusive of interest thatll be right up there for the 2400.00 there looking for??? And theve yet to prove that there entitled to collect and issue in court on this alledged account with them.

 

Hadituptohere

[Hadituptohere]

Forgot to mention the actual date for my Section 78 request under the CCA was made on 02/01/2008, cabot clearly trying to make this request current lol

 

Hadituptohere

[citizenB]

SOunds like you are having fun HIUTH

[Hadituptohere]

I almost forgot to mention my counterclaim for 'proccessing of default on credit file' when there was never any Default Notice served by OC

 

Hadituptohere

[Rhia]

Following your thread? Oh bless.

[Hadituptohere]

Theres 520.00 in unlawful charges, theres PPI inclusive on the account

 

Hadituptohere

 

Would it be advised to go after the OC for these amounts now? ive had letters from cabot saying I should persue the OC if theres anything to claim back, I did send an request and LBA to Goldfish back in 08 and didnt get any responce???

 

 

Hadituptohere

[Hadituptohere]

Anyone any thoughts please

 

Hadituptohere

[pt2537]

lol i like the morgan letter

 

Of course it makes no mention that the regulators have deemed such clauses as unfair lol

 

Oh well,

[Debtcontrol]

Hmmm, this looks similar to mine, I wonder where they keep digging these T&Cs up from?

God luck HIUTH, they are going all the way with mine, so be prepared.

I would be interested to see if they can produce a DN for this account for you, as they don't seem to be able to produce one for me?

[Hadituptohere]

lol i like the morgan letter

 

Of course it makes no mention that the regulators have deemed such clauses as unfair lol

 

Oh well,

 

Can you please enlighten me a little more pt, thanks for your comment

 

Hadituptohere

[Hadituptohere]

Hi Debtcontrol

 

yes there was no default notice and they have proccessed a default on my credit file for 6 years, Im ready just wondering what to do about the charges and ppi as ive had no responce from Goldfish in the past to my LBA

 

Hadituptohere

Edited October 19, 2010 by Hadituptohere