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Cabot Financial/Morgan Solicitors

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Hi,

I am very new to this site and the issue i am trying to deal with, so any help would be appreciated. Back in 2002, i took out a credit card with MBNA, and in 2005, i believe myself and my partner had paid it off in full through debt consolidation, i now find this not to be true. In 2008 the relationship broke down and i moved away from the house we owned together. I have heard nothing from anyone until two months ago when i received a frantic phone call from my ex saying that she had received an Application for Final Charging Order from Morgan Solicitors and so had i . It was two weeks before my wedding, and i was up to my eyes in it. I called Morgan Solicitors and explained that i had not lived at that address since March 2008, which they new as they had run an Experian Credit Report on me and had my new address and when it was from. They were really not bothered, they would not allow me to make a payment plan with them, they just wanted their money or see them in court. The court date was during my honeymoon and i would be in Egypt. I asked them for assistance, as i did not have that amount of money (£4619.59), they said find someone to borrow it off. Luckily my dad was able to help and paid the full amount. Now, a couple of months on, i am starting to wonder if i did the right thing? I have spoken to them about the amount of interest they have made by communicating with the wrong address (£1475.84), they say that it is my responsibility to notify them of an address change, but if i do not know i am being chased for money and by whom, how do i know to change my address? They said that "legally", they only have to communicate with their last known address and they do not take the Experian Report into account. I did not know that it had already gone to court and a CCJ issued against me, i was completely in the dark. I have been to the Citizens Advice, but they were not sure how to proceed. Can anyone help me or point me in the right direction? This is the only bad debt on my credit record and i believe it was through no fault of my own.

Any advice would be grateful, thanks for reading this very long winded thread.

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first things first is to send a sar to the original creditor (MBNA) demanding all statements for this account, see what the final total was if anything, next is to report morgan solicitors to the OFT for telling you to borrow the money of friends relatives.

 

once you get the details back from mbna, see if you had PPI insurance you can claim back, see if there were any charges you can claim back, and if the final total is less then what you paid to morgans, you reclaim the difference from these people


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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I would also report Cabot/Morgans to the Solclitors Regulation Authority for their bullying tactics. I agree with the above poster get the information from MBNA and also double check with regard to the situation where you thought you had settled this with MBNA. Until you get all the info we can see how to progress this further.

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Hi PGH7447 and Rhia,

 

Thanks for your advice. I have started the ball rolling by requesting my SAR from MBNA, i shall let you know when i have that info back. Any idea how long it usually takes?

I will be ringing the OFT and Solicitors Regulation Authority on Tuesday to see what they say in reference to the way Morgans Solicitors have acted.

I really appreciate your help and advice.

 

Many Thanks

 

Nik

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Where was the original Summons served, if you did not know of it, and were 'bullied' over the telephone to pay at the last moment, without being given time to actually see their case and maybe offer a defence, I personally would apply to have your part in this set aside.

 

If the original Court paperwork was sent to a previous address then this will be a good enough reason.

 

You can download the Forms for Set-Aside here: http://www.insolvencyhelpline.co.uk/downloads/pdf-files/n244_form.pdf


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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a sar can take 40 days


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Hi,

 

I have received a letter back asking for £10 for them to action my SAR. Is this usual? Am i required to pay?

 

Thanks

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Yes, £10 is the normal fee for the SAR.

jed

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Yes a sar request is £10 send a postal order


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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