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

[lamb909]

Evening Brig

I was just about to post so was right behind you

 

Got letter from GP, wasnt my normal GP, just one in the practice and its only brief and to the point, hope its sufficent for Morgans, now going to try and compose an e-mail to send them, then can get I&E and letter scanned to send them with e-mail. Not sure whether its acceptable to ask them to stop immending court action??

 

Anyway, don't suppose they will read it till Monday so I can try composing an e-mail and then hopefully see what you guys think (if you don't mind?)

 

Felling more positive Brig and just hoping there is a good ending to this thread

[BRIGADIER2JCS]

Hi Lamb,

So glad you are feeling more positive, worth a try to get them to stay the action IMHO.

Just remember that these wasters can do nothing, you cannot pay what you don't have.

Please never worry about asking for advice here it's whats CAG is all about Ok?

Please have a pleasant weekend and feel free to contact me at any time.

 

Take care,

 

Brig.

[lamb909]

Dear Sirs

Cabot Financial (UK) Limited v.

Further to your e-mail dated 20 June 2011, I have attached a scanned copy of an Income & Expenditure Form (as provided by the NationalDebtline as I could not open your attachment) and a letter confirming my Mental Health illness from my GP as per your request. I apologise for the delay in sending these documents but I was somewhat reliant on my GP.

You will see from my Income & Expenditure form that I have little surplus income and also the amounts I am currently paying my creditors.

This particular debt has caused me much stress and upset and I would request that you discontinue your action against me without delay, I have complied with your said request for the information and put my offer to repay to you and therefore you no longer need to enforce the agreement against me.

May I refer you to MALG and their guidelines:- http://www.malg.org.uk/documents/MentalHealthGuidelinesEd2Final2009.pdf

I request the claimant's written confirmation of his acceptance to the offer herein, alternatively please provide the claimant's written rejection to the offer herein, please provide a written response by return either accepting or rejecting said offer herein.

Should there be no unequivocal response to the same, a copy of this email correspondence shall be produced in court to show of my reasonable conduct attempting to settle this matter without the need for the claimant to litigate

I would request a response by return.

Yours faithfully

[caro]

Dear Sirs

 

Cabot Financial (UK) Limited v.

 

 

Further to your e-mail dated 20 June 2011, I have attached a scanned copy of an Income & Expenditure Form (as provided by the NationalDebtline as I could not open your attachment) and a letter confirming my Mental Health illness from my GP as per your request. I apologise for the delay in sending these documents but I was somewhat reliant on my GP.

 

You will see from my Income & Expenditure form that I have little surplus income and also the amounts I am currently paying my creditors.

 

This particular debt has caused me much stress and upset and I would request that you discontinue your action against me without delay, I have complied with your said request for the information and put my offer to repay to you and therefore you no longer need to enforce the agreement against me in court.

 

May I refer you to MALG and their guidelines:- http://www.malg.org.uk/documents/MentalHealthGuidelinesEd2Final2009.pdf

 

I request the claimant's written confirmation of his acceptance to the offer herein, alternatively please provide the claimant's written or rejection either accepting or rejecting said offer herein of my offer.

 

 

 

Should there be no unequivocal response to the same, a copy of this email correspondence shall will be produced in court to show of my reasonable conduct attempting to settle this matter without the need for the claimant to litigate

 

I would request a response by return.

 

Yours faithfully

 

Not sure if you've sent this or not yet lamb, but I would be inclined to make it a bit less "legalese". You are a litigant in person and most litigants in person would not use some of the phraseology IMHO.

 

I've highlighted in red the bits I'd leave out, and added a few words in green which I would put in.

 

Also, check the link as the one in your post doesn't work for me.

 

If it's already gone it's not a great problem, but I just think people should steer away from overcomplicating wording unnecessarily and write as they would speak. If you do need to go to court I feel you are less likely to alienate a judge by not being yourself. Keep it simple.

[lamb909]

Thanks very much Caro, but I have already sent it, there seemed to be nobody about yesterday and I wanted them to "have it on their desk" so to speak first thing this morning.

[BRIGADIER2JCS]

Good morning Lamb,Nice to see you being so confident and dealing with matters

so well.

Enjoy the sunshine

Brig.

[caro]

Thanks very much Caro, but I have already sent it, there seemed to be nobody about yesterday and I wanted them to "have it on their desk" so to speak first thing this morning.

 

Good thinking lamb. Says pretty much the same anyway.

[lamb909]

Good morning Lamb,Nice to see you being so confident and dealing with matters

so well.

Enjoy the sunshine

Brig.

 

Missed your post yesterday Brig, apologies for that, yesterday was a bit too hot for me but its cooler today so that's better!

Hope you are well. Yes I feel a little more positive.

[lamb909]

Does anybody know how long I should wait for their reply?

I have until 4pm on 4 July, and I'm not sure whether to continue with my defense (such as it is as I now have no idea what to say) or change my plea

Any help much appreciated

[BRIGADIER2JCS]

Good morning Lamb Cooler today I am pleased to say, I would continue with the defence, and give it at least 48 hour to reach the court

before the dead line.

I'll not make ant further suggestions as CARO has been expertly advising you.

Take care,

Brig.

[lamb909]

So that means at the most I have until Thursday 4pm which is only two days, have no idea what defense to use as what I had does not seem acceptable, so can anybody please help me

[BRIGADIER2JCS]

hello Lamb, I thought Caro had mapped out a defence for you with regard to your break down,please don't panic I am sure we can get something sorted,

have a look back at the previous posts for example #309 #404 #404 and others look at what has been said and take that which illustrates your circumstances and relate it

to a defence, I know quite often a defence given from the heart is more effective that a lot of legal flannel.

Try that and I'm going to bump this so you get the advice you need.

 

Brig.

 

Bump can anyone assist please.

[lamb909]

Just phoned morgans, got the documents, sending them to an underwriter???? to see if they can come to some sort of agreement, this would be a Tomlin order????

Have to phone back on Friday!!!!!!!! to see if they agree to an agreement which leaves it very close to my defense filing date, worried now that its so late

 

Is this ok?

[lamb909]

hello Lamb, I thought Caro had mapped out a defence for you with regard to your break down,please don't panic I am sure we can get something sorted,

have a look back at the previous posts for example #309 #404 #404 and others look at what has been said and take that which illustrates your circumstances and relate it

to a defence, I know quite often a defence given from the heart is more effective that a lot of legal flannel.

Try that and I'm going to bump this so you get the advice you need.

 

Brig.

 

Bump can anyone assist please.

 

 

Thanks Brig, will go back and look

[BRIGADIER2JCS]

If it is a Tomlin order it is to your benefit as it is binding in confidence to all parties.

 

Brig.

[cymruambyth]

Could you drop your defence into the court on Monday? Otherwise you can send it SD on Saturday (last post is usually between 10 an 11 am). This may give you a bit more time as Morgans will wait until the last minute before replying.

[lamb909]

Could you drop your defence into the court on Monday? Otherwise you can send it SD on Saturday (last post is usually between 10 an 11 am). This may give you a bit more time as Morgans will wait until the last minute before replying.

 

Bit confused, I replied online saying I was going to defend and I dont live anywhere near Northampton, I haven't been told it's at another court. Can I not do my defense online? Will it have been moved to another court?

[BRIGADIER2JCS]

Once your defence has been filed the case will be transferred to the County Court nearest to your home, send it special delivery

to Northampton if necessary Lamb.

 

You will NOT have to travel to Northampton, so please don't worry.

[ukaviator]

More info here on the Northampton Bulk centre, so please don't worry Lamb:

 

http://en.wikipedia.org/wiki/County_Court_Bulk_Centre

[lamb909]

Righty oh Brig & Ukaviator, many thanks for your replies.

 

Are there certain rules regarding a defense, as I initally my defense was that teh agreement was a recon etc etc which I realise now is actually no defense, so if I file a defense just based on my MH issues etc etc, is this enough for a defense (it asks if you admit some or all the claim, I entered that I was defeending the whole lot )

 

So would I NEEd to add anything else to my defense other than the problems I had and still have, what has happened etc ? Is that enough, would that be allowed as a defense.

 

Am I making any sense at all?

[the_shadow]

Just phoned morgans, got the documents, sending them to an underwriter???? to see if they can come to some sort of agreement, this would be a Tomlin order????

Have to phone back on Friday!!!!!!!! to see if they agree to an agreement which leaves it very close to my defense filing date, worried now that its so late

 

Is this ok?

 

Hmm interesting use of the word underwriter here... it could mean the company backing their claim in court or some form of securitisation of the actual debt or their insurance against non-payers? either way its the decision maker on whether they accept what you've said and will agree.

 

The Tomlin order is a legally binding agreement between two parties that is signed and then sealed by the court, the court action stops and usually no judgement is given against you so no CCJ but we need to see the terms of the tomlin order first prior to giving advice.

 

S.

[caro]

The Tomlin Order can be a good option, as Shadow says, depending on the terms of it. It would seem that they are willing to deal with this without needing to go to court, but you must be happy with what they come up with.

 

I suggest that you email tomorrow morning lamb and point out that your time for submitting your defence is very close, so would they please deal with this as a matter of utmost urgency.

[BRIGADIER2JCS]

Righty oh Brig & Ukaviator, many thanks for your replies.

 

Are there certain rules regarding a defense, as I initally my defense was that teh agreement was a recon etc etc which I realise now is actually no defense, so if I file a defense just based on my MH issues etc etc, is this enough for a defense (it asks if you admit some or all the claim, I entered that I was defeending the whole lot )

 

So would I NEEd to add anything else to my defense other than the problems I had and still have, what has happened etc ? Is that enough, would that be allowed as a defense.

 

Am I making any sense at all?

 

Morning Lamb,

 

IMHO you can still use the original basis of the defence, you then use the MH issues to mitigate

, showing the distress and resulting worsening of your condition and how this led, you ''bury your head in th sand''

and ignore the problem,originally having no support after your tragic loss.

I am sure Lamb others better with words than I will give you further advice to day.

I'll be around later this afternoon.

 

Brig.

[lamb909]

The Tomlin Order can be a good option, as Shadow says, depending on the terms of it. It would seem that they are willing to deal with this without needing to go to court, but you must be happy with what they come up with.

 

I suggest that you email tomorrow morning lamb and point out that your time for submitting your defence is very close, so would they please deal with this as a matter of utmost urgency.

 

 

Thank you Caro, have sent email and requested they reply by return of e-mail.

[lamb909]

Morning Lamb,

 

IMHO you can still use the original basis of the defence, you then use the MH issues to mitigate

, showing the distress and resulting worsening of your condition and how this led, you ''bury your head in th sand''

and ignore the problem,originally having no support after your tragic loss.

I am sure Lamb others better with words than I will give you further advice to day.

I'll be around later this afternoon.

 

Brig.

 

 

Morning Brig

 

Apologies for seeming dim but as I understand it, I should submit my original defense and then use my MH issue etc to "mitigate" , what exactly does "mitigate" mean?

Apologies for all the questions and I understand from the link UK gave that I can file my defense online, is this correct?

 

What happens if they dont give me an answer until Friday, then give me the offer of a Tomlin order, how will they change this with the court as my defense is the following Monday, so that doesn't give me much chance to see the Tomlin order, as Caro and The Shadow say I will need to see it and post on here to see if its ok? and then agree to it.. Will they stop court action until I agree to the Tomlin order? I am sorry for bothering you all but I do not understand the process and am somewhat confused

 

I am panicing a bit now to be honest