Cabot,3 claims in 1 claim form.

[Satterthwaite]

I have received a claim form via Northampton from Cabot/Morgans. In the POC they are claiming for three different alleged debts.

One is for a Goldfish card which I have never had, the second is a loan from Egg that Egg have never proved I had and the third is an Egg card.

 

Is anyone aware if this is common for them to do this?

 

What I am concerned about is as this progresses through the court it will become very confusing.

 

I only have another day to put my defence in becasue I have been away and just come back to the find the claim form.

 

I will start by trying to find some threads on Cabot to find something similar in the meantime if anyone has first hand experience of this or can direct me to a thread it would be appreciated.

[Satterthwaite]

Oh well no luck in finding anyone in similar circumstances.

[cymruambyth]

Hi I don't think they can do this! Have you acknowledged service? Are your dates correct? From my total ignorance, I would suggest sending an embarrassed defence with the request that you can amend the defence if you get any documents through.

Have you sent off CPR requests for these documents (I'm guessing not if you have been away)?

You could also ping the triangle to ask the site team if they could give further advice.

[Satterthwaite]

Thanks Cymru, I think they can, I have been doing a bit more digging and found examples of Cabot/Morgans doing this, I am reading through them then will decide my best plan of attack.

http://www.consumeractiongroup.co.uk/forum/showthread.php?250286-Please-help-Cabot-are-taking-me-to-court

http://www.consumeractiongroup.co.uk/forum/showthread.php?180858-VOLVO-v-CABOT-%28Bank-One%29-Help-needed-Court-Claim-received/page4

[citizenB]

Any chance you can remove identifying/personal information and pop the POC up for us to have a look at Also, can we know the date of issue - top right hand corner under the claim number. That way we can keep on track with time line.

[car2403]

They really shouldn't be doing this - lumping them together in this way means that value of the claim is over inflated, therefore probably pushing it in to another track, not to mention complicating it for all concerned.

 

Firstly, you should contact them by phone to say that you've just received the claim form as you've been away, and ask them for more time to submit your defence - even if you acknowledge, now, you still wont have long to draw up 3 defences. Also ask if they intend on splitting the claims in to 3, as that will mean the whole process starts over again, from the beginning, and you should get 3 claim forms requiring 3 defences. Get something in writing, even by email, to verify what is agreed on the phone. Don't discuss the claim, or your possible defences, just focus on getting more time out of them. You can then write to the Court with the details, so they know what's going on.

 

It will be difficult sending CPR requests when the claim is in this state - even more so if they are going to split them, which it looks like they will need to do. Some CCA requests wouldn't go astray at this stage, though, as they are specific to those accounts, not the claim. See the template library, creditors letter.

[citizenB]

I am a little concerned that you havent acknowledged service in time ? Do phone Northampton up as well and explain the situation.

 

You can ask for more time under CPR15.5, but that needs to be agreed with the Opposition as Car2403 has already advised.

 

HTH

[pt2537]

Id disagree with Car on one vital point,

 

Pick up the phone yes, but do not rely upon that,

 

CPR 15.5 allows you to agree an extension of time for filing the defence, however, firstly you should back this up with a letter to the party confirming the contents of the telephone call, and secondly and most importantly, you MUST wrote to the court and advise them that you have agreed an extension of time,CPR15.5(2)

 

If you fail to advise the court you will get judgment against you,

 

but, this is why i said the importance of backing up the call in writing, as you then have an exhibit to put with your application to show you have attempted to discuss the matter with the other party.

[pt2537]

id also point out that the CPR 31.15 in particular requires requests for inspection to be complied with within 7 days of receipt, so you must send a written request for pleaded documents.

[car2403]

Id disagree with Car on one vital point,

 

Pick up the phone yes, but do not rely upon that,

 

 

Not sure you're disagreeing, really, when I said;

 

Firstly, you should contact them by phone to say that you've just received the claim form as you've been away, and ask them for more time to submit your defence

 

Then...

 

Get something in writing, even by email, to verify what is agreed on the phone. Don't discuss the claim, or your possible defences, just focus on getting more time out of them. You can then write to the Court with the details, so they know what's going on.

 

I love CAG because not everyone knows everything, but we all pull together and fill in the blanks. (Where there are some )

[pt2537]

ah, must have missed that,

 

then again, if some fool didnt put these stupid ADS EVERYWHERE i may have read what you said properly

[Satterthwaite]

Thanks for the replies,

Citizen B, I am a little reluctant to copy the claim on here, even with with my details blanked out i still feel that to prying eyes it would be recognisable, paranoid? maybe, but I have dealt with Cabot before. Regarding time I managed to submit an Acknowledment of Service on the last day. The claim arrived at my house on the 24th August.

I have sent a CPR request to Morgans I used CPR 31.12, which in nutshell asks for want I want to see had their POC been particularised properly.

I will see what comes back from that.

 

CAR2403 "They really shouldn't be doing this - lumping them together in this way means that value of the claim is over inflated, therefore probably pushing it in to another track, not to mention complicating it for all concerned."

Thats what I am most concerned about, bit reluctant to phone but think I will have to.

 

Paul thanks for comments as well.

 

S

[Satterthwaite]

No reply from Sols regarding my CPR request, submitted an embarressed defence today.

[Satterthwaite]

Morgan Solicitors have replied partly to my CPR request, although they claim to not have to,

 

"Please find enclosed........A copy of the signed credit agreement in relation to Goldfish account ref ..... and the full terms and conditions prevailing at the time of assignment"

 

What they have enclosed is not very legible.

 

The T&C's relate to Goldfish, I know I have never had a Goldfish account.

 

Do the T&C'c have to be what were in force at the time of opening the account or as Morgans say at the time of the assignment?

[citizenB]

Morgan Solicitors have replied partly to my CPR request, although they claim to not have to,

 

"Please find enclosed........A copy of the signed credit agreement in relation to Goldfish account ref ..... and the full terms and conditions prevailing at the time of assignment"

 

What they have enclosed is not very legible.

 

The T&C's relate to Goldfish, I know I have never had a Goldfish account.

 

Do the T&C'c have to be what were in force at the time of opening the account or as Morgans say at the time of the assignment?

 

 

 

In answer to your question, yes I think they do have to be from inception of the account. They need to show that provision was made within the original t&cs for the actions taken ie assignment of the account, and any variation of the t&cs.

[Satterthwaite]

Thanks Citizen B,

 

Cabot are making a right mess of this, they never learn.

[Satterthwaite]

AQ received

[Satterthwaite]

I have received Cabot/Morgans completed AQ, their estimate of costs is £6,800 yes that is six thousand eight hundred pounds!

 

I realise that this figure is to try and put me off, can anyone beat that? I have seen a few on here for £5000.

[pt2537]

Peanuts

 

Last three bills of costs ive seen

 

£98k

£55k

£34k

[Satterthwaite]

Damn, that has made me feel like a mear minnow, i think I will through the towel in i cant risk paying those costs.

 

Hang on a minute just had a look for any evidence they may have produced, NOTHING!

 

Perhaps I will carry on after all.

[pt2537]

the basic principal is costs follow the event

 

Therefore, the loser pays the winners costs.

 

If you lose then you will face the costs of the losing party, there is a lot of misunderstanding about costs too, the Fast track has fixed trial costs, however, you will be liable for the reasonable costs incurred up to the trial, so while a standard fast track barristers fee is say £690 plus vat for under £10k claims, you could still face £35k costs in the lead to the trial

[Satterthwaite]

I have received a default notice dated a month after the issue of the court proceedings.

 

Also some statements that show late fees and charges which I did not know about.

 

Still very difficult to make any sense of it all, I have to write to the court soon to explain what attempts we have made to mediate/negotiate a settlement.

[Satterthwaite]

Cabot have not shown to me they have any right to be collecting on these accounts.

 

The Judge has asked I enter into negotiation with them, surely I cant be critisied for not doing so?

[spamheed]

There is a difference between "negotiating" and "being seen to negotiate"

 

You can use the time allowed to enhance and build on your defence

[Satterthwaite]

I have a Case Management Conference for this next week, does anybody have any experience of what I can expect?