Cabot/Morgan Solicitors, county court claim received help needed

[silverfox1961]

F.A.O Andyorch.

Is there any chance you could pop over to this thread and give some advice. I'm still learning so my input is limited.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?279301-Cabot-Morgans-**COURT-PAPERS-ISSUED**

[garymyrtle]

they have sent out a copy of the statements and one dated 26/6/10 states minimum payment due £6,713 and balance £9,414.03, They are claiming the £9,414.03 which the total outstanding. Sorry I do not know what a DSAR. even though the card was from 1999, they have only sent specific details from 2002. before that period you can see money being reduced and with an initial credit limit of £4,900, then in 2000 limit goes up to £6,900, then in 2002 upto £8.900 then finally in 2005 upto £9,900 with quite a few overlimit charges and late payment charges. i made my last £1 payment in feb 2008.

I still haven't had a copy of the DN notice from Cabot and no deed of assignment . They say in the letter they have requested from cap, but have not sent me the one they should have sent to me. Sorry I have no kept original statements.

 

Thanks for your help

 

Gary

[AndyOrch]

No Gary if you read carefully they have requested a copy of the DoA/NoA and T&Cs, your not getting a Default Notice because they state none has ever been issued,thats my point its nonsense, Cap will have issued one, and one of them has to to enable litigation.That is the bases of your defence no DN issued along with unfair charges and interest applied to an account that is in arrears.

 

Regards

 

Andy

[garymyrtle]

Ok I'm slowly catching on ( i think)

 

So for them to take me to court they needed to issue a dn, even though they say they are only claiming the arrears, which they haven't as they say so in the letter,

So do I just write to the court in my defence with a copy of the letter and say they are in breach of the Consumer Credit act 1974 as they haven't issued a DN and should have?

 

Or am I not catching on???

 

Gary

[AndyOrch]

Your catching on:wink: But we will polish it a tad more and include the unfair charges and interest.What date do you have to submit your defence.

 

Andy

[garymyrtle]

I have to get it to the court for friday, so will send recorded thursday this week.

 

Will they not just start all over again and issue a default notice and in 4 weeks we will be back to square one, or am i just living a life of being to pessimistic

 

Thank you Gary

[garymyrtle]

Hi Andy

I have now looked at the equifax report, it shows cabot defaulting on the account in 7/3/2009, there is no mention of Cap one on either equifax or experian. Hopefully chat later today. gary

[AndyOrch]

Hi Andy

I have now looked at the equifax report, it shows cabot defaulting on the account in 7/3/2009, :whoo:there is no mention of Cap one on either equifax or experian. Hopefully chat later today. gary

 

Told you Gary they are taking the proverbial, find one untruth and you will find a plethora of faults.

 

Regards

 

Andy

[AndyOrch]

We will wait until the guests decrease Gary before we commence.

[garymyrtle]

hi Andy, let me know when you want to start

 

cheers gary

[AndyOrch]

 

The particulars of calim are as follows

 

The claimant is the Assignee of a debt(s) from Capital one.

Credit car reference XXXXXXX

Notice of Assignment having been given to the Defendant in writing. Despite demand for payment, 9414.03 remains due. The claimant claims 9704.03 and interest under s.69 county courts Act 1984 and cost

 

Gary

 

Just bump this forward Gary

[garymyrtle]

sorry Andy I don't know what a bump is

[AndyOrch]

Nothing to worry its for me to refer to instead of referring back8)

[AndyOrch]

Gary you are going to post this you say, just out of curiosity why not submit on line?

[garymyrtle]

I tried to register on line and seemed to have problems doing my acknowledgement. So posted last one, I have not recieved my login user id.

[AndyOrch]

Ok leave it with me Ill post if im unsure of anything. Just need to get my defence drafting head on:wink:

 

 

Regards

 

Andy

[garymyrtle]

Please let me know if you need anything. I could send the claim number and password on email if that helps

[AndyOrch]

No no need you can add the header and case number and statement of truth before you print it off.

 

 

Andy

[AndyOrch]

DEFENCE

The Defendant denies that he is liable to the Claimant as alleged in the Particulars of Claim, or at all.

It is averred that the Claimant has failed to serve a Notice of Assignment in accordance with section 136(1), of the Law of Property Act 1925, in respect of the alleged debt.

The amount detailed in the Claimant’s claim, includes Unfair charges and Interest , which are unlawful at Common Law under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999. Accordingly, the inclusion of penalty charges in the purported Notice of Assignment, which as yet to be furnished, renders it entirely legally unenforceable. The Claimant has failed to comply with section 136(1) of the Law of Property Act 1925, by furnishing a Notice of Assignment in respect of that which is denied, that would be inaccurate.

 

It is therefore averred that the Defendant does not know the case that has to be met and the Particulars of Claim neither disclose any cause of action with any reasonable prospect of success and/or are an abuse of the process of this Court and, in compliance with the Civil Procedure Rules can and should be struck out pursuant to part 3.4 of the same.

Furthermore, the Defendant contends that the Claimant’s conduct in issuing this claim is vexatious and amounts to unlawful harassment, pursuant to section 40 of the Administration of Justice Act 1970.

 

Regarding that which is denied, on the 6th October 2010 , a request was made under the Civil procedure Rules 31.12 and 16.4(2), to obtain information purporting to the Claimants Claim that the alleged debt refers to. It was sent by recorded delivery to the Claimant, It was received on the XX October 2010. The Claimant had seven working days from receipt of the request, in which to furnish a credit agreement, Default Notice and Notice of Assignment.

In response to the request, a letter dated the 27th October 2010, was received from the Claimants.(See Exhibit 1A). Inclusion was an application form and nothing further except an explanation that they have requested a copy of the NoA/DoA from the Assigner.It is denied that the document furnished is a copy of a credit agreement as averred by the Claimant. The Claimant has provided an application form which is not a credit agreement within the meaning of sections 60 and 61 of the Consumer Credit Act 1974. Accordingly, having failed to produce a credit agreement within the requisite timescale or at all.The Defendant further avers in respect of that which is denied, that the document furnished is a breach of section 59(1) of the Consumer Credit Act 1974.

Furthermore they also explain in great detail that no Default Notice was ever served by the Assigner or Assignee nor was one required as they are only claiming the arrears of any alleged debt.(see Exhibit 1A)

The Defendant denies that there has been any failure to make payment in accordance with the alleged contract. The Claimant has failed to produced a copy of a credit agreement in the requisite timescale or at all, and in the absence of such an agreement, which conforms to sections 60 and 61 of the Consumer Credit Act 1974, the Defendant avers that no Default Notice was ever served, as confirmed in the above Assignees response, for there to have been any failure to make said payment.

Notwithstanding the above The claimant has not provided any documents to support the particulars of claim and as such have shown no provision within any terms and conditions of any alleged account which would allow interest to be applied after the termination of either account,infact they state that they are not seeking to Terminate said agreement therefore as the Claimant has not provided proof of the debt or the sums claimed the Defendant denies the Claimants claim for interest pursuant to s.69 of the county court Act 1984 and be denied.

 

The Claimant, possessing no legal right claim monies allegedly owed, have acted unlawfully in informing and registering said Notice with Credit Reference Agencies,even though they state quite categorically thet no Default Notice or Arrears Notice was ever deemed or required to be served. Such conduct is a breach of the Data Protection Act 1998 and amounts to defamation.

 

The Claimants have not established any legal right to issue a claim or proven that any debt exists. It is the Defendant’s position that the Claimant’s claim is entirely spurious and without merit and should be struck out for the aforementioned reasons.

 

Check that over Gary and edit if required.

 

Regards

Andy

[garymyrtle]

Thanks Andy I'll have a read, You are a star.

 

Do I include the original of the letter from Morgan?

On my defence sheet do I just put the claim number and my details at the top and just sign at the bottom, or is there a some wording at the bottom.

 

Thank you very much

 

Gary

[AndyOrch]

In The XXXXXXX County Court Case Number xxxxxxxxx

 

 

Claimant XXXXXXXX

 

V

 

Defendant XXXXXXX

 

 

 

 

 

 

Statement of Truth

 

Signed

 

Dated

[AndyOrch]

No need to include the Exhibit for now.

 

Regards

 

Andy

[garymyrtle]

Thank you very Much I will get off in the post tomorrow.

 

Regards

 

Gary

[AndyOrch]

Recorded delivery at the very least Gary.Hope it does the job for you:wink:

 

Regards

 

Andy

[garymyrtle]

Hi Andy, Cabot are proceeding with case to court, I will keep you posted as to what happens

 

regards

 

gary