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Morgans/Cabot claim form - on citi Card debt with a recon *** Claim Dismissed by Consent***


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Hi,

 

Brigadier.. The amount claimed is above the threshold for small claims. Would it still be suitable for mediation?

 

I have decided to defend the claim and will fill in the acknowledgement of service now.

 

Is it best to do it online or by post?

 

So am I right in thinking that I will then have 28 days to produce my defence, which will take me till 2 October which is a Sunday?

 

I will probably need some more help from you guys if that's OK?:oops:

 

 

Thanks for help so far.

 

Molly:-)

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I'll check on that later, so far all the mediations I've

been involved in have been on the small claim

track, I'll have a look through the info when I get back.

 

Brig.

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Thank you brigadier:-)

 

I have now completed the AoS on-line stating my intention to defend the claim.

 

Now I 'just' have to figure out which CPR to use and what to ask for from Morgans:???:

 

Regards

Molly:-)

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I'm sure one of the guys/girls will help with the cpr as I'm

out of my office and no refs. to hand.

 

Bump

Edited by BRIGADIER2JCS

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Hi,

 

Brigadier.. The amount claimed is above the threshold for small claims. Would it still be suitable for mediation?

 

I have decided to defend the claim and will fill in the acknowledgement of service now.

 

Is it best to do it online or by post?

 

So am I right in thinking that I will then have 28 days to produce my defence, which will take me till 2 October which is a Sunday?

 

I will probably need some more help from you guys if that's OK?:oops:

 

 

Thanks for help so far.

 

 

Hi,molly,

Mediation is available on multitrack claims (over£5K), I like to use the telephone track on

most debts, no travel, no hassle.

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Thank you for that Brigadier, it may be worth considering when the time comes.

 

I will now get a CPR request off to Morgans.

 

I think I will want to see the Original Agreement, as that is mentioned in the NOA, but not on POC's, as the original card was under CCA1974.

 

I believe I should also be able to have copy of NOA from Citi, stating that they have assigned all rights and responsibilities etc. which is not stated anywhere, as proof that Cabot are entitled to try to enforce.

 

I will also require details of how the interest was worked out.

 

Is that all I need, and should I use CPR31.14 or 18?

 

Any advice please on the best way forward.

 

Thanks.

 

Molly:-)

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Hi molly has no one advised on that I'm

still in transit.

Can any one advise on the CPR requirements please.

BUMP

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ok, as previously stated you can ONLY request documents mentioned in the Particulars of claim via CPR31.14

 

if you need clarification on anything use CPR18 to seek the answers....

 

Also... you do not have to receive a NoA from both parties, only one party and all it has to say is they have purchased the debt.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage

http://www.consumeractiongroup.co.uk/forum/showthread.php?261832-Judge-not-impressed-with-CPR-breaches-by-Cabot-and-others

http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here

 

S.

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Thanks S this bl**dy train couldn't go any bloody

slower four and a half hours from Aldershot and

still an hour from home:madgrin::-x

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Thanks S this bl**dy train couldn't go any bloody

slower four and a half hours from Aldershot and

still an hour from home:madgrin::-x

 

Dont mention trains... I was in poland at the weekend.attempting to use their rail system to get around.. makes british rail look like the best railway in the world :-/

 

S.

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I was recently in Switzerland and was amazed at

the time keeping, clean trains and trams and the

incredibly cheap fares,.

As an old Jew of Polish extraction I am

not at all surprised at what you experienced

all those who can work and want to work

have left Poland:-(

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Thanks for the links Shadow..

 

So as I see it i can only request copy of NOA, which I've already got.. but mentions original agreement on reverse. Can I ask again for original agreement then on CPR31?

 

Thanks too to you Brigadier.. hope you got home safely:)

 

Regards

Molly:)

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molly

my view is that they have mentioned an 'agreement' in their poc by referencing the a/c no for eg, which is the alleged agreement. so, could ask for that also in a 31.14 request. could also ask for the default notice. they can only refuse! and if so, could ask for information about that in an 18?

imo

Edited by Ford
typo
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Hi,

 

Thanks ford....

 

I'm on to the request now, having spent most of yesterday and this morning reading and re-reading some of the posts on here, and gaining lots of valuable information.

 

Thank you very much all!

 

Molly:-)

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Hi,

 

Sorry if i'm a bit dense ( it's been a few long days:oops:)... but where do I send my CPR 31.14 & 18 requests?

 

Is it Morgan Sols. or Cabot?

 

Thanks

 

Molly:-)

 

Send CPRs to the Sols.

 

Mike

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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I am few weeks in front with a similar claim that I am fully defending no agreement supplied

 

I havnt received a reply to cpr 31 request

 

Going to a hearing in a few weeks time for allocation and directions

I wish I had put in a draft directions in my allocation questionaire

 

onlyme

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Hi,

 

Thank you for your input gs and onlyme..

 

CPR requests have now been sent and received by Morgans. Do I now allow 7 straight days or working days?

 

Also, and I may just be picky here, I have never had any dealings with Cabot Financial(UK) Ltd.

The letter of assignment from 2006 refers to Cabot Financial (Europe) ltd.. and all payment to be made to same.

Token payments were always made out to the (Europe) account.

Does that have any bearing on anything?

 

I have also never had anything at all from Citi informing me that the account had been sold.. not even one of those fake NOA that I keep reading about, sent to me from Cabot.

 

So in short I have absolutely no evidence,at the moment, that the account was sold.

 

Thanks for all input.

 

Regards

Molly:-)

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Hi

 

Brigadier.. Yes I have checked Experian and it is Cabot. As this goes back to 2006 I don't know if Citi ever registered a default. I have phoned Experian too to find out and all they say is showing is Cabot under their reference number. In any event I have never received a DN from Cabot, nor have I received Annual Statements of the Account or any Notices of Sums in Arrears.

 

It is now 7 days since Morgans recived my CPR 31.14 request and I have not had ANY response. So what is my next step?

Do I phone them tomorrow and ask for an extension?

 

I have phoned Northampton CC to clarify when my defence is due and because 2nd is Sunday they told me I have until the 3/10.

 

Any help greatly appreciated.

 

Regards

 

Molly:-)

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Hi don't worry too much, is that 7 calendar days

or working days?

Allowing for snail mail give them 3 clear working

days, then a forceful reminder letter.

 

Brig.

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molly

the dn should've come from the O/C when there was the default.

if you require an extension, could phone them and ask for them to agree to one to......(up to 28 days) under cpr 15.5, and to confirm it in writing by return. then notify the court in writing enclosing their letter agreeing. when phoning, don't discuss the case. just the extension. remember that they prob record phone calls.

straight days should be ok (that's what they give!). if they've already sent a response then so be it.

imo

Edited by Ford
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