Cabot/Morgans claimform - 2 debts cap1 card + Barclaycard - *** Settled on F&FS ***

[heathrow]

Right, as nobody has responded to my last posting I will try again.

 

The situation is that I have filed my defence to say that I do not admit I owe Cabot anything and BOTH parties have sent Allocation Questionnaires..

Cabot has added that they will 'endeavour' to give advance notice of their evidence and have agreed that mediation may be considered appropriate. Here is the interesting bit: They have stated that 'there is no pre-action protocol in relation to debt calims .. although they do however endeavour to comply with the 'spirit of pre-action protocoals'.

 

Now in my own opinion - surely there ARE pre-action protocols relating to debt?. Cabot has failed to respond to my request to provide me copies of the agreements, notices of assignment and demands for payment under my CPR31.14 request made last November. I have written to the Court on this but they have also failed to respond to my letter.

If Cabot has failed to provide me with any evidence that they own these alleged debts, how then can they be in a position to continue with their claim. As I do not know Cabot from Adam these might well be fraudulent claims and without protocols surely this leaves the door open for anyone to claim any alleged debt from anyone they choose?.

 

Advice please guys and gals.

[DonkeyB]

Then I think you have a reasonable chance of going for an instant strike out, by their own admission of not having any evidence.

[AndyOrch]

Hi Heathrow

 

What Directions did you propose in your AQ?

 

Andy

[heathrow]

Sorry Andy unclear what you mean? I applied to have the hearing heard in my local court but both parties have asked for mediation. The Judge has ordered that both parties must either settle or write to the court requesting am estension of the stay period.

[heathrow]

Cabot/morgan Claimform - old Cap1 Card Debt - Page 4 - Financial Legal Issues - Consumer Action Group

 

I have been reading through this thread and it is remarkably similar to my case with Morgans (please see the thread I started) that I thought was dead and buried.

 

A difference in my case is that Morgans have issued a POC for two separate accounts relating to two different credit card companies on the same POC.

 

Yesterday, out of the blue, I received a Notice of Allocation to Fast Track.

 

It seems a judge had looked at the case papers in the absense of either Morgans and myself.

 

What I cannot understand is how this has suddenly been re-opened when in March 2011 the court sent me an 'General Form of Judgement of Order' that states

 

' No party having informed the court of the outcome of settlement attempts, it is assumed that the case has been settled and unless any party informs the court to the contrary in writing by 26.4.11. the claim and any counterclaim will be struck out'

 

Since this order to 'strike out' the case I have had no communication with or any response to my requests from Morgans.

 

Can anyone advise please?

[AndyOrch]

Hi Heathrow you need to do some checking with the court whats going on.It was struck out not stayed or did they contact the court before 26th April 2011?

 

Regards

 

Andy

[heathrow]

Thanks Andy. I'll write to the court to enquire but as far as I was aware there has been no communication.

 

Can the action be stayed after it has been struck out?

 

Morgans seem to work by trying to confuse those they are up against by not providing any detailed POCs or by providing documentation that I thought they were required to under the Consumer Credit Act?

[AndyOrch]

Thanks Andy. I'll write to the court to enquire but as far as I was aware there has been no communication.

 

Can the action be stayed after it has been struck out? Yes within 7 /14 days

 

Morgans seem to work by trying to confuse those they are up against by not providing any detailed POCs or by providing documentation that I thought they were required to under the Consumer Credit Act?

 

You need to revive your thread Heathrow not to hijack Simons.

 

Andy

Edited February 2, 2012 by Andyorch

[heathrow]

Sorry Andy/Simon

No intention of hijacking his thread but the points appear to be similar between my case and his.

[heathrow]

Right, please excuse me being about green as to how threads operate. This is the original thread that I started about this case and since the last post and an order made by the court to 'strike out' there has, as far as I am aware, been no activity.

Then, yesterday, I received an order made in the absense of either party to say it had been referred to the Fast Track.

I have no written to the court with a copy of the 'strike out order' to enquire why this has suddenly been referred.

 

Can anyone offer any assistance please?

[AndyOrch]

Hi Heathrow

 

Ok do some research to find out whats gone who applied for what and why you are not aware or have been served with any applications.

 

Regards

 

Andy

[heathrow]

Thanks Andy.

I am hand-delivering a letter to this effect to the court tonight and will go in tomorrow and apply for a 'stay' on the order to delay the requirements of the order to transfer to the Fast Track to give me time to look into this and write to Morgans.

As this seems to be an expensive option (we are talking abot a claim for more than fifteen grand if both accounts are taken as one) is it worthwhile taking the Alternate Resolution route in your opinion?

[DonkeyB]

So the claim was actually struck out, and you have an order to that effect?

[heathrow]

Yes, that is correct. It was struck out on 29 March last year hence my surprise at receiving an order stating another judge has looked at it in the absence of either party and has allocated it to Fast Track.

[DonkeyB]

Should be a slam-dunk then, if you’ve received no applications to reinstate the case. Weird.

[heathrow]

I hope so but unfortunately I don't have a lot of confidence in these district judges ... many are little more than recently appointed solicitors.

[heathrow]

You might think so but I dion't have a great deal of confidence in District Judges. The one that made the order for the Fast Track Allocation was appointed in the spring of last year and is a family solicitor and a previous one I came up again was the former clerk at my former wife's solicitor's some years ago and he made a blunder by adjourning (and not striking out) a case I was involved in when the Claimant had already confirmed that they did not have CCA. I was advised by a judge who was a former client to write to the court quoting a reference in the Consumer Credit Act to say the judge had made an error.. After doin g this I've heard no more and that was about 3 years or so ago.

[heathrow]

I smell a rat here! In the post today came a reduced offer to settle in one envelope and in another an offer to use a mediation service that ... wait for it ... they recommend ... providing I agree to pay half the fees! I have still not been provided with any of the documentation that I requested from Morgan a year ago but they refer to copies of credit agreements and statements they CLAIM to have sent me a year ago to support their case but I have received nothing. They also refer to the recent order to transfer to The Fast Track so it seems they have reinstated this action without prior notification to me. I am surprised that any judge has allowed this to be resurrected?

[AndyOrch]

I would love to know how they reinstated it Heathrow have you requested a copy of the application notice/ court paperwork?

 

Andy

[DonkeyB]

Suggest you call the court and ask WTF is going on.

[AndyOrch]

Suggest you call the court and ask WTF is going on.

[heathrow]

I can feel the stress mounting in me as it seems I am right back to square one with this case and Morgans have not provided me with anything at all to support their allegations. I do not know who they are from Adam ... only that they are the tame house lawyers for Cabot ... and as I have had no dealings with Cabot ... and certainly never had a Cabot account this might as well be anyone trying to claim a figure they have plucked from the air. Surely they need to prove ownership of any accounts they are alleging and by lumping two separate credit cards together is merely adding to the confusion. Any advice please before I go off my rocker?

It really is high time that the government brought in legislation to curb the devious tactics DCAs are using more especially as the courts do not seem to enforce the law and there usually seems to be the assumption from a judge that if an action has been brought against an individual then they must be guilty.

[AndyOrch]

Post 73/74

[heathrow]

Thanks. Yes, I wrote to the court and delivered the letter by hand last evening and will go to the Court office next week to try and get some answers.

[AndyOrch]

Good thats the only way to attack this is to find out whats gone on behind your back. (whatever happened to file and serve)?????

 

Andy