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

Hadituptohere

By Hadituptohere
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Hadituptohere

Hadituptohere

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As promised heres morgans responce to request to view the ORIGINAL DOCUMENTS........

 

morgansreplytorequesttoview.jpg

 

morganresponcetorequesttoview2.jpg

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Hadituptohere

Hadituptohere

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sorry once again but in morgans responce to my CPR18 they state that they do not hold the T&C's but have requested them from the original creditor...but yet they have issued in court.

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Hadituptohere

Hadituptohere

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Is it worth writing back? explaining I want to see the Original docs?

or just leave that for the Judge.

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Hadituptohere

Hadituptohere

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Thankyou pt

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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hunni2006

hunni2006

Posted
Posted (edited)

good luck

hunni

Edited by hunni2006
post moved, no longer relevant!

My fight so far:

 

hunni2006 V Halifax Bank: Charges £963.11 refunded nov 2006:D

Cabot financial V hunni2006: defending court summons, ongoing... July 09 :-x:-x:-x don't even get me started about them....grrr still battling

 

hunni2006 V Capital One: SA request & CCA issued, ongoing.. July 09 OC 'checking the archives...' Sept 09, no agreement, files closed!:D

<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< please feel free to tip my scales if I've been helpful!

:DLearning more, every day.....

 

I have No legal training, any opinions and advice posted are entirely my own opinion, and based on life experiences and knowledge gained on this great site. Ultimately, what you do is up to you.

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Hadituptohere

Hadituptohere

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I cant believe ive had 5 calls today from our freinds at cabot.... only three years after sending them the 'only respond to written communication letter' ................

 

 

How rude.......

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Hadituptohere

Hadituptohere

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Posted (edited)

I sent the request to inspect the original docs to morgans and received photocopies of the documents so I sent....

 

myrequesttomorgan3115.jpg

 

myrequesttveiw31152.jpg

 

 

 

and received this.....

 

morgansrefuseispectionofdocuments.jpg

 

 

Should I use N244 to enforce my rights to view originals????

 

Hadituptohere

Edited by Hadituptohere
poor spelling

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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vint1954

vint1954

Posted
Posted

If the Judge has ordered that you be allowed to view the original, then sending you a copy of a document, does not fulfill his order. You must tell them so.

 

They (OC) must issue you with a default notice. They are talking rubbish. Have a look here. Same situation.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/240618-cabot-court-papers-served-4.html

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Hadituptohere

Hadituptohere

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Hi thanks for bobing across Vint, really appreciate it.

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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creditcardmug

creditcardmug

Posted
Posted

As Paul says they must comply with cpr 31.15, hold them to it , if they don't, raise the point at the hearing, i.e. they refused to comply with the courts order, (you could inform them that this is one of the points you will be making to the judge!) beforehand, should shake them up a bit:D

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Hadituptohere

Hadituptohere

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Just preparing my Witness Statement (still waiting for morgans WS, they only have till the 5th) and ive come acroos this in Raw Data supplied in there CPR 18 reply......

 

200, auto, 00/00/2006 00.00, Error during calculation days since default notice, date date of default notice is not known for this case, thus making calculation is invalid.

 

 

ooops cabot/morgans..... no need for a default notice hey??? its in their own raw data........

 

Hadituptohere:D:D:D:D:D

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Hadituptohere

Hadituptohere

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Cabot continued to ring me at all hours regarding both my alledged accounts so I sent a copy of the letter I sent them in decemeber 2007, this is there reply...

 

Cabotfinalresponcetocomplaintapril2.jpg

 

 

The account with providian is in county court at witness statement stage and the POC's 7183.00, glad to see cabot still adding interest and threatening collection...

 

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Hadituptohere

Hadituptohere

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200, auto, 00/00/2006 00.00, Error during calculation days since default notice, date date of default notice is not known for this case, thus making calculation is invalid.

 

 

Hadituptohere:D:D:D:D:D

 

 

Surley this would put to bed morgans argument that no default notice required if cabots own automated process states theres an invalid calculation going on due to not knowing the default date?????

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Hadituptohere

Hadituptohere

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Hi everyone

I received some advise from foolishgirl on babbles thread:

 

'think it may be wiser to hit them with a notice NOW under CPR32.19 that you wish the claimant to prove the authenticity of the docs in court i.e. use the Civil Evidence Act & the BSI on document management. Legal Admissibility, Document Management, Document Imaging, Document Scanning | Archival

 

I think the form is N268 & it's free but check with the court. The forms are here:

PRACTICE DIRECTION – FORMS - Ministry of Justice'

 

Does anyone know what I should put in this document ? do I just list the documents I wish for them to prove?

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Hadituptohere

Hadituptohere

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Hi guys,

 

Ive just read that all Acts and statutory instruments you are going to refer to in court should be listed in your disclosure, If I havent is it possible to add to disclosure? my witness statement has just gone off?

If so what would I need to do?

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Hadituptohere

Hadituptohere

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Anyone any ideas please?

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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foolishgirl

foolishgirl

Posted
Posted

Just send the list as an addenda to both the court & the sols.

You can disclose at any time prior to the hearing - no harm in sending it separately.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hadituptohere

Hadituptohere

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Thankyou...

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Hadituptohere

Hadituptohere

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Received morgans WS, nothing in it other than the photocopies of whats already been produced and an added statement ' because of the nature of the claimants business, they are still waiting for the relevant terms and conditions from the assignor, wich were available to the defendant at the time of signing. Upon the assignor providing to us the same we will file and serve them.'

 

Shouldnt morgans have these documents prior to serving their claim??? theve produced no docs to verify the interest rate or right to collect... how do they get away with it???????

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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foolishgirl

foolishgirl

Posted
Posted
how do they get away with it???????

 

Because the majority of consumers let them :rolleyes:

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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creditcardmug

creditcardmug

Posted
Posted
Received morgans WS, nothing in it other than the photocopies of whats already been produced and an added statement ' because of the nature of the claimants business, they are still waiting for the relevant terms and conditions from the assignor, wich were available to the defendant at the time of signing. Upon the assignor providing to us the same we will file and serve them.'

 

Shouldnt morgans have these documents prior to serving their claim??? theve produced no docs to verify the interest rate or right to collect... how do they get away with it???????

 

Because the County court system is 1 sided!

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Hadituptohere

Hadituptohere

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Guys

 

something I have just ran my eyes over, I have statements from Providian (provided by Barclays after SAR) 28/08/03 showing a balance of 4364.80

Morgans claim in their POC assigned 28/07/2003 Assignment amount 4922.18

557.33 difference/less 1 month after cabot claim assinment

 

any ideas???

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Hadituptohere

Hadituptohere

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Posted (edited)

If an enquiry was made to the court about the claimants refusal to allow inspection of two specific original documents, and an unless order was issued by the Court that states 'the defendant shall inform the court and the applicant which documents he wishes to inspect the originals of' would I have to just request the docs I had requested previously or could I request any original docs mentioned in then POC's???? Could the request include the original T&C's also?

 

Hadituptohere

Edited by Hadituptohere
spelling

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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