My dealings with Cabot & Morgan's Solicitors

[kirsun10]

Let me tell you my story:

 

I received threats by phone and letters by Cabot regarding 3 debts that I had owed or not owed from Cabot. They stated if I did not make some payment arrangement they would take me to court and get a charging order on my property. This scared me as I have a young family to support and their future depends on me. I agreed to a payment plan that went wrong after a couple of payements as I lost my job. I explained this to them and still they sent court papers . As a scared person I admitted the debts and offered the payments I could afford.

 

The court gave judgement against me, and payments were were acceptable. However they went a step further and told the court as the debt was £13000.00 they needed additional security and abtained a charging order against my property.

 

This was done by default, and on receiving these notices it upset me so much.

 

This is where this site was my saviour. I requested the CCA. for documents pertaining to the so called loans. They kept on writing letters that they received my request and are awaiting the info from the lenders.

 

They sent letters , but this is intimidation not law.

 

I got annoyed and I applied at the County Court for a set aside for failure to provide this information as required by the consumer credit act. The judge set aside the judgement and the took the charge away from the property. The only condition being, if they provide this information they can proceed with the case. I waited a year still nothing, then I received a wad of document half of which I did not understand but in there was the documents i requested.

 

The Directions of the court were then to proceed with trial on 3 occassions as evidence needed to be gathered. 3 times at a hearing...Boring. The final direction was for me to submit a defence and for Cabot a Case and a case file.

 

They did this and my defence, if you require more info let me know, was 4 pages. They had 2 ringbinders full.

 

The trial was to last 3 hours, and a witness from Morgans was to be present.

 

Before the trial which was on 27.01.11 I was sent a bill for solicitors expences from morgans in the excess of £4000.00. which I threw in the bin.

 

The dat came I was scared, their coucel came to me before the trial and said do you want to negociate an agreement. I said no, I would like to rely on the defence I have submitted. He had his witness from Morgan's there.

 

When we were called I was really scared I did not have a solicitor, and told the judge that I could not afford one. I think that softened him a bit. However I was put on the stand and told to give evidence and the guy from Morgan's had to do the same. I questioned him on a few points that were not clear. He was clueless and could not confirm nor deny the legalities of certain aspects of the CCA rules and kept refering it to his councel. He was like a young kid told to sign a form for the sake of it, but had no clue what it was.

 

The case that was meant to be allocated 3 hours lasted all day, and do you know the shock of it I won the case on a technicality on CCA rules that they fail to adhere to, or forget to do. This was in my defence and this insight was gained from this site.

 

I will help if you require it, I am no expert but will try to assist.

Edited February 2, 2011 by kirsun10

[spamheed]

Great stuff Kirsun, They discontinued mine when they were faced with a real defence.

 

Cabot Morgan seem to operate on the premise that if they say something often enough then it must be true, they seem to be getting found out a lot more lately

 

Isn't it nice to not have them in the back of your mind when you go about your daily life

 

Congrats again

 

Spam

[andys123]

Hi, have you anymore specific info on how you won. I've got a court case against Cabot/Morgans set for March sometime and there are several major flaws regarding defaults/interest etc in their claim and witness statement.

 

Thanks.

[kirsun10]

Hey send me a message and we can talk maybe over the phone...I need ,ore info to look into this.

[kirsun10]

You are so right my friend they are just bullies. congrats with what u did!!

[spamheed]

It is recommended that all advise is given in open forum rather than via PM.

 

This is so that the process is transparent and can be used assist all users equally and avoid the risk that incorrect or misleading advice may be given

[kirsun10]

It is recommended that all advise is given in open forum rather than via PM.

 

This is so that the process is transparent and can be used assist all users equally and avoid the risk that incorrect or misleading advice may be given

 

Sure sorry Spamhead

[kirsun10]

Andys123 you have to give more details as to what they want what you have written to them. Basically the whole story from the begining. Be quick you do not have much time if your court action is in March.

[andys123]

Nothing much more to do now, witness statement posted off to solicitors and court but.....they have brought court action with no evidence whatsoever of any default notice from either Barclaycard or Cabot, no mention in their POC, no mention in their standard disclosure or disclosed items and no mention in their witness statement. Only thing that refers to a default notice is on their action history printout sent to me as part of their standard disclosure list which states - "date of default is not known for this account"

 

What was your 'technicality'?

[kirsun10]

Nothing much more to do now, witness statement posted off to solicitors and court but.....they have brought court action with no evidence whatsoever of any default notice from either Barclaycard or Cabot, no mention in their POC, no mention in their standard disclosure or disclosed items and no mention in their witness statement. Only thing that refers to a default notice is on their action history printout sent to me as part of their standard disclosure list which states - "date of default is not known for this account"

 

What was your 'technicality'?

 

The Judge stated that he cannot assess for sure by the Plaintiff or the Defendant as to whether the Defendant received a default notice or not, but you have failed to issue notice to end the agreement, so the agreement stood at the time of the application. So only the arrears are due. Therefore the sum claimed is incorrect, thus judgment cannot be made on that amount as this is incorrect although I have been now been provided the correct sum from the Plaintiffs Counsel.

 

The Plaintiff may or may not have issued the default notice, but they have failed to provide adequate notice to the Defendant of the intentions of their claim.

 

I therefore have to find for the Defendant, and dismiss this case forthwith.

[toymaker1]

Let me tell you my story:

 

I received threats by phone and letters by Cabot regarding 3 debts that I had owed or not owed from Cabot. They stated if I did not make some payment arrangement they would take me to court and get a charging order on my property. This scared me as I have a young family to support and their future depends on me. I agreed to a payment plan that went wrong after a couple of payements as I lost my job. I explained this to them and still they sent court papers . As a scared person I admitted the debts and offered the payments I could afford.

 

The court gave judgement against me, and payments were were acceptable. However they went a step further and told the court as the debt was £13000.00 they needed additional security and abtained a charging order against my property.

 

This was done by default, and on receiving these notices it upset me so much.

 

This is where this site was my saviour. I requested the CCA. for documents pertaining to the so called loans. They kept on writing letters that they received my request and are awaiting the info from the lenders.

 

They sent letters , but this is intimidation not law.

 

I got annoyed and I applied at the County Court for a set aside for failure to provide this information as required by the consumer credit act. The judge set aside the judgement and the took the charge away from the property. The only condition being, if they provide this information they can proceed with the case. I waited a year still nothing, then I received a wad of document half of which I did not understand but in there was the documents i requested.

 

The Directions of the court were then to proceed with trial on 3 occassions as evidence needed to be gathered. 3 times at a hearing...Boring. The final direction was for me to submit a defence and for Cabot a Case and a case file.

 

They did this and my defence, if you require more info let me know, was 4 pages. They had 2 ringbinders full.

 

The trial was to last 3 hours, and a witness from Morgans was to be present.

 

Before the trial which was on 27.01.11 I was sent a bill for solicitors expences from morgans in the excess of £4000.00. which I threw in the bin.

 

The dat came I was scared, their coucel came to me before the trial and said do you want to negociate an agreement. I said no, I would like to rely on the defence I have submitted. He had his witness from Morgan's there.

 

When we were called I was really scared I did not have a solicitor, and told the judge that I could not afford one. I think that softened him a bit. However I was put on the stand and told to give evidence and the guy from Morgan's had to do the same. I questioned him on a few points that were not clear. He was clueless and could not confirm nor deny the legalities of certain aspects of the CCA rules and kept refering it to his councel. He was like a young kid told to sign a form for the sake of it, but had no clue what it was.

 

The case that was meant to be allocated 3 hours lasted all day, and do you know the shock of it I won the case on a technicality on CCA rules that they fail to adhere to, or forget to do. This was in my defence and this insight was gained from this site.

 

I will help if you require it, I am no expert but will try to assist.

 

Well done kirsun!

I admire your courage and persistence.

[kirsun10]

I won because:

1. I did not receive a default notice for the original creditor and they could not prove this.

2. They did not provide me with proof of assisgnment. They use their electronic records, but this is not enough.

3. They use structured letter template used by the debtors (i.e Sainsbury's Bank) and the dates of these were not matching. this is shocking as how are they allowed to portray themselves as the original debtor?

4. The sum they request is for the full sum of the debt, however their claim is in effect the arrears, as they have not sent a default notice for the full sum, but only the arrears.

5. Their confidence in winning the case is their major downfall, as they do not expect anyone to turn up and fight.

 

Hope this helps

[kirsun10]

What papers have you sent them? Evidence is needed and you should have requested all this before you sent your statement as this would have been part of your defence.. You need all documents pertaining to the debt in question. You need to serve a Subject Access Request ( £10.00 to be sent to the plaintiff). Request the court to reissue a date as you need to reassess your defence as you feel it is incorrect!

Edited February 15, 2011 by kirsun10