Cabot court action on wrong account number PLEASE HELP

[Karenza]

Please bear with me this is my first post so hopefully its in the correct place.

My OH has a court claim issued by Cabot/Morgans in which they have combined two accounts/cards. despite the fact that one account number is one he has never owned. He wrote to Cabot several times to this effect.

Cabot eventually replied apologising for any distress and that the matter would be referred to customer relations. Well the claim submitted against him contains the account and we are now at the standard disclosure by list stage and need some help as he is not sure how to present this issue to the court. Your help will be so appreciated.

[Karenza]

Have i posted correctly no response just wondered if someone can help

[reallymadwoman]

I'm sure someone who can help will be along soon, but in the meantime they're probably going to want some more information.

 

What are the two accounts for - credit cards/loans? About how much is outstanding? What exactly are Cabot claiming and what defence have you entered?

 

It would probably help if you could post up copies of any paperwork (minus personal details).

[miss muppet]

Hi Karenza, before the cavalry arrives - have a look at the Cabot fan club in the search box above, also have a look at the legal successes forum, can you removing identifying details post up the particulars of claim using one of the free photoimaging sites such as photobucket. Also did you ever get any default notices and if so, can you post those as well?

[Karenza]

Thanks for the reply the two accounts are credit cards just over 10,000 as they have combined the two in the claim total.

POC the claimant is the assignee of the debt(s) from goldfish bank ltd two reference numbers notice of assignment having been given to the defendant in writing. Dispite demand for payment £ --- remains due. The claimant claims £ ---- and interest under s69 county court act 1984 and costs.

An embarassed defence was entered. My OH attened a court management conference and now has received a an order for standard disclosure to be in by 4pm 17th Aug this is were he is at.

Paperwork is still outstanding despite cpr31.14 and 18, so what next.

[Karenza]

Hi folks bear with me i am trying to get to grips with photo bucket will post up what i have shortly fingers crossed

[supasnooper]

Thanks for the reply the two accounts are credit cards just over 10,000 as they have combined the two in the claim total.

POC the claimant is the assignee of the debt(s) from goldfish bank ltd two reference numbers notice of assignment having been given to the defendant in writing. Dispite demand for payment £ --- remains due. The claimant claims £ ---- and interest under s69 county court act 1984 and costs.

An embarassed defence was entered. My OH attened a court management conference and now has received a an order for standard disclosure to be in by 4pm 17th Aug this is were he is at.

Paperwork is still outstanding despite cpr31.14 and 18, so what next.

 

 

Have you read this thread ?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off-IMPORTANT-IF-YOURE-BEING-SUED

[Karenza]

hi after a struggle hope this is okay if someone can take a look and then i will post the rest asap many thanks

 

http://i873.photobucket.com/albums/ab296/sasharmey/goldfish/scan0001-1.jpg

[Karenza]

thanks for the reply supasnooper i have read so many threads but i will take a look thankyou it is the issue of the account number which doesn't belong to my OH and which is lumped into the claim i don't seem to find anything for this situation. I have managed to post an application form if someone can take a look then i will post the other when i know this one is okay. thanks again

[Karenza]

I have managed to upload the second application form please can someone look over it and let me have your thoughts thanks again

 

http://i873.photobucket.com/albums/ab296/sasharmey/goldfish/scan0002-1.jpg

[debbbbsy]

My OH has a court claim issued by Cabot/Morgans in which they have combined two accounts/cards. despite the fact that one account number is one he has never owned.

 

Have you done a CPR request.

If not, he needs to send a CPR 31.14 . A formal request for a copy of the agreement under reference no XXXX(the 1 on the court claim),& all other documents they refer to in the claim. Send this to the solicitor who issued the claim. They have 7 days.

You know they can't comply, so in exactly 7 days, file a full defence to the courts, attach a copy of the CPR request + proof of postage. You defend the claim in full. You did not enter into an agreement under this reference number. They cannot provide an agreement with this reference no. The claim cannot be enforced. The ball is then in Cabots court, do they proceed knowing it can't be enforced........if they do, they probably will, it will be transferred to your local court. You'll recieve another court form, the Allocation Questionaire. This will be your opportunity to force them to produce the documents. You'll attach a "Draft Order Direction". The judge will then force Cabot to produce the agreement under the reference no. they refer to. They are normally given 21 days.They will probably send you a threatening letter giving you the opportunity to withdraw your defence, lots of extra charges Blah...Blah...Blah... I would recommend at this stage sending the Sol a letter, giving them the opportunity to "Discontinue the Claim". If not they will be laiable for all your costs incurred in defending this unlawful claim.

 

Who joined the 2 accounts?

Have you done a DSAR either to Cabot or the OC, to see exactly when these two accounts were joined. Does this mean that your original accounts have been closed .Did you receive Termination notices? Have you been recieving statements for this "New" account? The more data you can gather, the stronger your defence will be.

 

Good Luck

Debs x

[debbbbsy]

Oh sorry, didn't read your post properly.

 

You have done your CPR requests. I can't see how they can proceed with the claim if they haven't complied. Surely it is Cabot who must comply with full disclosure of documents they refer to & rely upon to enforce this claim.

The 2006 CCA ammendments now includes a new clause,the "Burden Of Proof" is on the claimant to produce documents. It is not up to you to prove you didn't open this account.

 

Good Luck

 

Debs

[Karenza]

Hi debbbsy,

Yes cca request sent for one account, didn't request cca for the other account wasn't OH account. however did Cpr's for both accounts as the claim issued shows the two accounts. To date received two application forms which i have uploaded please could someone take a look at them for him no T&C's received for the one account , in addition received a representation of welcome letter for each account, representation letter NOA (No account numbers) several pages of account history, and for one account 2 half page statementsof account and a cabot statement of account to which is interest of over £600 added, and for the second account which is the one with the wrong number on 2 half pages of accounts with two different numbers (one being a number of an account he did have with goldfish) however this is not the account number which they have on all the correspondence they have sent and on the court summons. Sorry if this is confusing

[Karenza]

Please could someone advise on what i put in the disclosure list and take a look at the formS i have posted previously. I am running short on time here. I am listing all the correspondence received from cabot/morgan for the two accounts included in these is a letter asking him to agree to a volutary charge order which of course he didn't agree, and i will list the letters my OH sent to them.

As one of these accounts is wroong numbered i assume sold to them by the OC on a wrong number i need to know what else to write should i ask for discontinuance and consider a counterclaim? really could do with some advice here as have to have disclosure in by 17th. No default notice from cabot only OC and only for the one account as the other account is incorrect.

[Karenza]

Hi,

A quick update, I have sent standard disclosure list to Cabot /Morgan solicitors and the court. The date on the order is today 17th by 4pm and as yet received nothing from Cabot, can some advise on what we do if it hasn't arrived by tonight. Thanks

[Karenza]

Bump, anyne any advice please, thanks in advance

[Karenza]

Hi, Today I have received standard disclosure list from Morgan solicitors. it should have been here by 4pm yesterday so I have written to the court, i guess i will need to call themand let them know I have recied it, anyway i have listed their doc as below.

 

Pleadings common to both parties,

Correspondence common to both parties,

Copy of the credit agreement in relation to account ref number ----

Copy statements in relation to account reference number ----

Statements of account in relation to account ref ----

Copy representation of the NOA in relation to account number ----

Action history in relation to account number---

Extract raw data in relation to account number----

 

Copy of the credit agreement in relation to account ref number ----(2nd account which is not my account number)

Copy statements in relation to account reference number ----

Statements of account in relation to account ref ----

Statements of account in relation to account ref ----

Copy representation of the NOA in relation to account number ----

Action history in relation to account number---

Extract raw data in relation to account number----

 

In the objection of inspection they state correspondence, notes and memoranda between solicitors and the client being priviledged from production.

In the box which states I have had the documentsnumbered and listed below but they are no longer in my control, they have writen The originals of copy documents provided by assignor.

 

There is no mention of the DN for either account , oh and as I reminder one of the account numbers isn''t mine. I need some help on what to ask for here can i still request the DN although its not on there disclosure list. I really could do with some response form someone as i have to request inspection by 24th August.

[Karenza]

bumping anyone with advice much appreciated

[Karenza]

Hadituptohere

Here is my other thread cant seem to paste the link from here and don't know how to get the two threads together so much to learn as a newbie!!

thanks