Cabot - Halifax Credit Card - Cabot now started Court Action - Help Please ***SETTLED***

[the_shadow]

whats that on post 248?

 

Spam, its dealt with

 

S.

[BRIGADIER2JCS]

Post 248 very strange:?:

[lamb909]

Re: my defense, as stated i have limited legal knowledge and ways in which to word it so whilst I do not expect anyone to do it for me, I would welcome any suggestions/ideas/point out if I'm wrong

 

I also want to say that I thank you each and every one of you for all your help, advice, support, everything really. I have tried reading lots of threads similar to this and trying to get the jist of the defense but I dont want to put anything I dont understand, so its just bare bones at the moment. All your help is very much appreciated and it heartens me to see the support on this site

 

Anyhow..................

[BRIGADIER2JCS]

Hi lamb, This may sound silly but the number of cases I have been involved with

where the judge in a County Court has been completely overwhelmed by the amount of legal jargon/case law etc.

and has said just tell me the facts as you see them has outnumbered the times a judge has read every word of every submission.I think is's

often best to keep it as simple as possible.

[caro]

Don't try to be something you aren't lamb. You are a litigant in person and all you have to do is put it in your own words what's happened to you. Once the words are in place it can be tidied up with paragraphs numbered, statement of truth etc,

 

In fact I would say it will be better for you to keep it simple so that you are comfortable that you are clear on your own arguments and can handle any questions that might come your way in court - if it gets that far.

[caro]

Looks like I was a bit slow posting there brigadier, but the message is the same.

[lamb909]

Hi lamb, This may sound silly but the number of cases I have been involved with

where the judge in a County Court has been completely overwhelmed by the amount of legal jargon/case law etc.

and has said just tell me the facts as you see them has outnumbered the times a judge has read every word of every submission.I think is's

often best to keep it as simple as possible.

 

thanks for that, a little boost for me, I hope it works that way for this case

[BRIGADIER2JCS]

Hi Caro iI see to many case of people loosing as L's IP by complicating thing s so much

that even competent judges are phased by the jargon (heaven forbid WE would ever do this)

[lamb909]

Don't try to be something you aren't lamb. You are a litigant in person and all you have to do is put it in your own words what's happened to you. Once the words are in place it can be tidied up with paragraphs numbered, statement of truth etc,

 

In fact I would say it will be better for you to keep it simple so that you are comfortable that you are clear on your own arguments and can handle any questions that might come your way in court - if it gets that far.

 

Thank you Caro, its very daunting thinking that you have to know every legal term and so on. So your reassurance is most welcome, and its also somehat of a learning curve for me, the more I learn then I can help others and get more confidence

[caro]

If you don't understand it, don't use it lamb. IMO that's where a lot of people have gone wrong. Many hearings are only a few minutes and judges don't want to spend hours reading - in fact as brigadier says - they probably don't, so just stick to what you know and keep it simple. The judge will have more respect for you if he sees you're genuine and not being an "armchair lawyer".

[The Mould]

whats that on post 248?

 

Hello Lamb

 

I think that was meant for stateside audience.

 

As said by others, draft your defence in good old fashioned English, its your arguments against the claim that you need to understand in respect of the legalities of them, even so, you should still write out your counter-arguments in plain, clear and concise English, you have knowledge of the case inside and out, we only know what you report here and therefore advise accordingly upon the same.

 

See how you get on this week in respect of the claimant responding to your request for a date for disclosure of docs.

 

Kind regards

 

The Mould

[lamb909]

This is how I have started, but there are bits I dont know how to finish off

 

In the Northampton county court.................... ......................... ......................... .................Claim No:

Between:

 

 

Cabot Financial (UK) Limited

 

 

And

 

 

Lamb

 

 

I, Lamb, age 21 of 33 of 33 Debt Street, DCATown, CRAP BOT am the Defendant in these proceedings and I make this statement in defence to the claim

 

 

The Defendant denies that there has been any failure to make payment in accordance with the alleged contract. The Claimant has failed to produce a copy of a credit agreement in the requisite timescale at all

 

Without Disclosure of the relevant documentation I am unable to assess if I am indeed liable to the claimant, nor am I able to assess if the alleged agreement is properly executed, contain the required prescribed terms, or correct figures to make such an agreement enforceable by virtue of s127 Consumer Credit Act 1974.

 

The Claimant has failed to issue a valid Default Notice as required under s. 87 Consumer Credit Act 1974 thus making any termination of the agreement unlawful.

 

The Claimant has failed to issue a Notice of Assignment and therefore is unable to prove that

the Claimant has any right to bring this claim or indeed that the alleged debt has been assigned to the Claimant.

 

The Claimant has not provided a Statement of Truth to the Defendant stating that this reconstructed agreement is a certified and true copy of the original therefore the Defendant is unable not sure how to end this

 

The Claimant has not provided a Notice Of Termination not sure how to end this

 

The Claimant has informed me in writing that The Claimant will not correspond with me further in this matter thus not sure how to word the end of this

 

 

Is there anything else I should be adding to this?

[gettingsorted]

Help please - Court papers arrived !

http://www.consumeractiongroup.co.uk/forum/showthread.php?278373-Citi-Cards-and-Cabot&p=3438630#post3438630

Thanks

[lamb909]

Right, letter printed off and sent to court, included e-mail I sent yesterday and copies of Morgans e-mail to me and a copy of the e-mail Morgans sent to Court for good measure, they now have all the correspondance that I have. Sent Recorded Delivery just to be sure.

 

Got a read reciept from Morgans this morning regarding the e-mail I sent but as yet, no response so just playing the waiting game

[caro]

This is how I have started, but there are bits I dont know how to finish off

 

In the Northampton county court.................... ......................... ......................... .................Claim No:

Between:

 

 

Cabot Financial (UK) Limited

 

 

And

 

 

Lamb

 

 

I, Lamb, age 21 of 33 of 33 Debt Street, DCATown, CRAP BOT am the Defendant in these proceedings and I make this statement in defence to the claim

 

 

The Defendant denies that there has been any failure to make payment in accordance with the alleged contract. The Claimant has failed to produce a copy of a credit agreement in the requisite timescale at all

 

Without Disclosure of the relevant documentation I am unable to assess if I am indeed liable to the claimant, nor am I able to assess if the alleged agreement is properly executed, contain the required prescribed terms, or correct figures to make such an agreement enforceable by virtue of s127 Consumer Credit Act 1974.

 

The Claimant has failed to issue a valid Default Notice as required under s. 87 Consumer Credit Act 1974 thus making any termination of the agreement unlawful.

 

The Claimant has failed to issue a Notice of Assignment and therefore is unable to prove that

the Claimant has any right to bring this claim or indeed that the alleged debt has been assigned to the Claimant.

 

The Claimant has not provided a Statement of Truth to the Defendant stating that this reconstructed agreement is a certified and true copy of the original therefore the Defendant is unable not sure how to end this

 

The Claimant has not provided a Notice Of Termination not sure how to end this

 

The Claimant has informed me in writing that The Claimant will not correspond with me further in this matter thus not sure how to word the end of this

 

 

Is there anything else I should be adding to this?

 

You can't really do much until/unless you get the documents you need, then you can deal with it.

[lamb909]

Thanks for replying Caro and thanks for the advice, I just wish they would hurry up but I suppose they are in no rush, its looking like they don't have the documents, do you think? They will probably just put something together!

[lamb909]

[lamb909]

 

Edited June 7, 2011 by lamb909

[lamb909]

[lamb909]

[lamb909]

Sorry, they seem to big but had real trouble on PDF convertor.

 

This is what they have sent me, along with the 2 recon agreements again and the statements again

 

Any help muchly appreciated

[The Mould]

Good afternoon Lamb

 

Pg 1 post#29 & 58 - Morgans Solicitors letter demanding payment of full balance!

 

Pg 4 post# 69 - Claimant's POC's: Assignee of a debt, Notice of Assignment having been delivered to the defendant in writing, demands for payment £xx remains due and the claimant claims £xxxx!!!!

 

What sum amount is the claimant claiming?

 

Said letter sent by Morgans demanding full balance is termination.

 

Claimant asserts in his POC's that NOA has been delivered, therefore put him to strict proof on service of such.

 

Come back - Roger - over.

 

Kind regards

 

The Mould

[The Mould]

[ATTACH=CONFIG]28120[/ATTACH]

 

 

The above statutory notice must be served before the creditor can become entitled to enforce, dated 6 June 2011- months after he issued his claim, what amount is claimed in his POC's and has he added interest to that sum?

 

Kind regards

 

The Mould

[The Mould]

 

Lamb

 

With reference to s196(3) as stated in the claimant's above letter and the authority he intends to rely upon in respect of the same, I refer you to his pleading/statement of case (POC's) regarding his allegation that said statutory notice [has] been delivered to you.

 

Kind regards

 

The Mould

[The Mould]

Lamb

 

How much money does the claimant claim in his POC's?

 

Kind regards

 

The Mould