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steveflem

Help cabot/morgan ccj defence help needed

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Hi

 

I have followed this site with great interest as i am being persued by morgan solictors for a credit card debt in 2000 , it has reached court and from your site i have requested deeds of assignment , break down of cost , the CCA . The court had givin a date for them to supply the information which has pasted (8th AUG ) i have just recieved another letter from the court saying that they have now extended til Nov 6th now. Can they do this ? What do i do ? Do i amend my defence ? How do i do this ? What do i do im frantic now .

 

Help !!!

 

Steve Flem

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Please supply detais of last payment/acknowledgement of debt,could be statute barred.


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Brig

 

I have no record of the last payment but it must be before 2000 , i cant understand why CABOT are going through the courts if they are aware it is statue barred, I have asked about 4 months ago for the information about the account but they have still not provided this , the judge even set the date (Aug 14th) now he has extended the date till Nov 25th . I can not even make a defence to the court as i have no record of this CC . What is my next step?

 

Cheers

 

steveflem

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Amend your defence to state that the claimant has not responded to your

requests for the documentation and your belief is that no agreement exists.

A subject access request (SAR) costs £10.00 see the templates section on this forum)

You will then be entitled to ALL the information the creditor holds onyou.

Send recorded delivery and print name don't sign letter or postal order.

Keep posting an responses Steve.

 

Brig


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Just a thought have done Civil Procedures Rules Application for Document after the

notification of the amended court date?


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Just a thought have done Civil Procedures Rules Application for Document after the

notification of the amended court date?

 

 

Thanks for the advice , i have recieved a reponse from morgan solictors which consists of a print out of a them trying to telephone me at a wrong number since 30/04/2001, which means absolutely nothing to me as most of then say bad mobile number detect . they have sent a photocopy application form which has credit agreement on it which is date 1/4/98, A made up statement from cabot which is applying interest on the account at a rate of 12% . They said that they do not have to provide the deed/notice of assignment or proof of postage. They also have not provided any statements from the account and how they have arrived at there figure which was 2679.04 in may 2001 now. ( which is when they have stated an assigned balance)

 

They have stated that i am relying on Kinch v Bullard (1999) for my defence and contest it .

 

I am at a lost of what to do now , i have no recollection of this account and have had two other MBNA CC accounts from the date they stated . They have provided me no information at all really .

 

Help !!

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Steve

 

Have just noticed this. I assume you mean they are relying on Kinch v Bullard as defence that they can send an NoA by ordinary post.

 

That is a red herring. The case is about a wife getting her legal team to send her husband an NoA so that she can lay claim to half their property. Before her husband had received it he had a heart attack and was admitted to hospital. She tore the NoA up because she believed that she could now claim all of their property (I believe he susequently died). The case revolved around whether the NoA was legal because her husband had not received it. The judge agreed that an NoA could be sent by post BUT there had to be evidence that it had been delivered. In this instance everyone agreed that the NoA was delivered, so the NoA was deemed legal.

 

Cabot must have evidence that the NoA they sent was delivered, either by sending it recorded, or you accepting that it was received. If they cannot prove that it has been received then until you do receive it, it is only an equitable assignment, which means that they have to have the original creditor join them in the claim - they are not allowed to claim on their own. They are also not allowed to charge you interest on the account on their own initiative.

 

Hope this helps, but remember it is only my opinion,

 

Alan

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