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

[BRIGADIER2JCS]

If you decide to go for a Tomlin order which I think you should only need to have a minimal defence filed at court,

then in a mediation appointment that can be done by telephone

you can state the reasons behind the situation that has arisen (this is NOT making excuses) it's a genuine

reason and explains the trauma that you have been through.

Once you have filed the defence you will receive an applications questionnaire,

with options for the track (course) the case will take eg. small claims, or mediation.

If both parties agree mediation ics set up, it is painless' the mediator is not a lawyer or a judge,

and can't give legal advice.

Then the mediator will hear the claimants case and relay that back to you so

you can explain your side and state what this has done to.

 

You can make an offer to pay only what you can reasonably afford,

which will be relayed to the claimant for consideration, the offer should be reasonable.

If both parties agree the mediator will explain the conditions of the order,it will be confirmed by post,

in all the mediations I have conducted the outcome has been very favourable to the debtor.

 

Hope this explains it for you.

 

Brig.

 

Bump I have to be away until late pm, if anyone can help Lamb further please.

[lamb909]

Please can anybody help, not received a reply from Morgans

[BRIGADIER2JCS]

Hi, Lamb, I wouldn't worry to much Morgans are slow,

and maybe post is affected in some areas due to strikes today,

 

Brig.

[lamb909]

i dont know what to do

[BRIGADIER2JCS]

Hi LAMB, I am at a loss now what to suggest,

I'll try and get the others to look in so please don't stress.

Brig.

BUMP any one any ideas or suggestions please.

[the_shadow]

Hi, If I read the earlier posting right they have told you to phone on Friday when they'll give you your answer, is this correct?

 

Also when is the defence due by? Monday 4pm?

 

S.

[lamb909]

Thanks Brig & The Shadow

 

Yes, have to phone tomorrow and yes defense due by 4pm on Monday 4th July

 

Sorry

[the_shadow]

Ok, if when you ring they DONT give you an answer tomorrow and say they are still thinking on it you need to DEMAND they give you an extension IN WRITING by email that you can send to the courts for Monday (just to cover yourself).

 

If they say they'll agree providing you sign a Tomlin order then DEMAND an extension also as tell them with all the MH issues you need to get sound advice about this

If they say they wont deal then obviously advise them you will not only submit a defence by the deadline but will also outline to the judge how you have been dealt with after advising the claimant of the mitigating circumstances in this case.

 

Dont feel intimidated by these people, they like to feel their important but in the grand scheme of things, they're fleas on a dog tbh

 

S.

Edited June 30, 2011 by the_shadow
got who was calling who mixed up :-)

[BRIGADIER2JCS]

YOU Lamb have more than any person a need to say sorry, no one on GAG is going to be critical of you or what you say.

Are you prepared to make the call, make sure you in some way record or write down what is said in as much detail as you

can.

Please don't despair you have come so far.

 

BRIG.

[BRIGADIER2JCS]

Post crossed Shadow, thanks for responding so quickly.

Brig.

[the_shadow]

Sorry

 

 

Missed this... Nothing at all to be sorry about.... if you feel intimidated by the person at the other end try to imagine them in a silly situation or if you can bear it think of them naked at the end of the line whilst all their co-workers are clothed... something that belittles them in your mind is a master stroke of building your confidence... trust me.

 

S.

[the_shadow]

Post crossed Shadow, thanks for responding so quickly.

Brig.

 

No probs

[lamb909]

Thank you both

 

I shall call with a pen & paper at the ready, the man dealing with this is a bit intimidating, well quite a lot, when he was reading MY email out to ME he asked why I should be treated differently just because I have mental health issues, I got a bit tongue tied with that question and referred him to the link that BB had provided, he asked if there was any part of it that he needed to read, I said all of it, he said he didn't have the time and my I&E showed that I had £17 per month surplus income of which I was offering them £10, he said why couldn't they have the other £7, I said becuase I couldnt be absolutly sure that my grocery bill would be exactly the amount I had quoted, prices were going up, maybe I needed something extra one week or something else cropped up, he said I shouldn't be spending more than £100 per month on food, I said it included cleaning products and shampoo and soap etc which totalled £150 per month for the whole lot (all shopping) but electric and gas going up etc so I thought it was ok, £150 per month?

 

Thanks for the tips Shadow, will do exactly that

[the_shadow]

These people are leeches... quibbling over £7 worth of groceries

 

They will always try to get more out of you than you can afford but you have to be strong and just say NO at the end of the day if it goes before a judge he/she is likely to put a better repayment schedule together, one that is more realistic for you and less money for them.

[BRIGADIER2JCS]

£1. 00 or on that disposable income no order on grounds of hardship you cannot reasonably

leave a person destitute for an unsecured debt.

[lamb909]

It did astound me to be honest, I had put on my I&E form the amounts I am currently paying other creditors, he asked the amounts I owed, I said they were all about the same as this one but after hanging up the phone, I realised that I am paying a CCJ for treble that amount at £5 per month, I offered that amount and the judge argreed it. I pay my creditors that have proven they have a valid CCA etc £1 per month and they have not argued about that amount so he is lucky (should I say that) that he will be getting £10 per month as it is not fair to my other creditors and they have had the same I&E. I offered £10 out of desperation that they not continue court action.

 

There is also, due to the Govenment benefits shake up, a chance that my Incapacity Benefit could change to ESA(is that right) and that is a lesser amount than I receive now. I have the forms now to fill in to see of I have to go for a medical, then I think put into one of two groups. My CPN and my GP are providing me with documents to attach to the form as supporting eveidence but anyway, thats by the by

[lamb909]

£1. 00 or on that disposable income no order on grounds of hardship you cannot reasonably

leave a person destitute for an unsecured debt.

 

Sorry Brig, not sure I understand?

 

I offered £10 because I did not want them to get a charging order as then i would lose my house and I wanted all court action stopped

[BRIGADIER2JCS]

Hi Lamb the demand for payments that are unreasonable breach the OFT guidance any way,

so you have another defence. together with the volatility of the benefits you receive they are on very thin ice.

Brig.

[caro]

Don't offer them a penny more than you've offered lamb. If they start saying they want more just tell them that you cannot afford more and would prefer to see what a judge decides.

 

Don't be intimidated.

 

If it doesn't work out we can all get our heads together to come up with a defence for Monday. If necessary it can be faxed to the court.

[BRIGADIER2JCS]

No judge would make an order for more than £1 per month if you have only £17 to cope with any extra needs,

I would reasonably expect that no order for payment on grounds of hardship would be in order.

[lamb909]

I'm shaking and crying like a big baby

 

Morgans said they hadn't got an answer yet, to ring back at about 4.30pm, he is allowing me an extension until next Friday, will send me e-mail confirming this but WILL NOT inform the court of this extension. I queried that the fact that he wasn't informing the Court of the extension would mean that they (morgans/cabot) would receive judgement by default and he said he won't get that unless he asks for it and obviously is not going to do that because he has made an agreement with me??

 

He also said to stop e-mailing him to ask that he looks at this matter urgently (as I did earlier in the week) as he has to stop what he is doing and look at things and he can't reply????

 

Can I e-mail the court forwarding the letter agreeing the extension that he is e-mailing me (when I get it)

[DonkeyB]

I wish you could record these calls. Stating that you do not warrant additional concern due to your mental health issues is plain wrong and, IMO, would give them some serious problems under CPUTR.

Edited July 1, 2011 by DonkeyB

[BRIGADIER2JCS]

Lamb please don't get so stressed over this, in the end what ever happens just what

can these people do,they can't make you pay what yo have not got.

There will be NO bailiffs or one else knocking on your.

The courts these day a very aware of problems like your an the judges do

understand what ''the harassment'' can do to people wit MH problems, so please

ifit makes you feel better e-mail the court and inform them about it.

I would not be bothered by Morgans, a their attitude can only go against them.

 

Brig.

[lamb909]

Thank you both, Donkey I too wish I could record the calls, when I ring Morgans they say they are recording the calls but I don't suppose that would help me as they may go "missing" if I needed the recordings

 

Brig, I know I shouldnt get so stressed, I really shouldn't post until I#ve calmed down, its just the way he talks to me and i have now received the e-mail so now need to find the e-mail address for court then I think I will relax, this is quite positive for my mind that I now have a week to sort what to do/what action to take etc, of course, this is depending on the reply I get this afternoon.

[lamb909]

Dear

Cabot Financial (UK) Limited v.

Claim Number

Further to our telephone conversation today, we confirm that we have agreed an extension for you to file a Defence or Admission to 4.00pm on Friday, 8th July 2011 in order that we may exhaust Without Prejudice discussions.

We trust that this assists.

Many thanks,

Morgan Solicitors

In-house Litigation Department for Cabot Financial (Europe) Limited

5 Mitchell Court

Castle Mound Way

Central Park

Rugby

CV23 0UY

Tel.: +44(0) 1788 556390

Fax.: +44(0) 1788 578130

DX 11678 RUGBY