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    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Cabot/Mortimer Claimform - old Morgan Stanley/Goldfish Credit Card 'debt'


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Hi, this is my first post. I'm having a few problems with Cabot Financial.

 

In 2002 I had a credit card with Morgan Stanley, everything went well until I was made redundant in 2003.

 

I got into quite a few problems with cards loans etc, as I didn't have enough money to pay everybody.

I went to the CAB for help, and they sorted things out for me. I was paying off this credit card at £35.00 er month.

 

I have never had any statements or payment advice from Cabot at all.

 

After I saw your forum late last year, i read quite a few posts and realised I was probably being "Cash Cowed" by Cabot.

 

I stopped making payments and sent Cabot a request for CCA and payment statements.

 

I got nothing back time within the statutory timescale.

 

Then I got a letter from Mortimer Clarke Solicitors, saying if I didn't ring and make a payment arrangement, they would take legal action against me.

 

I wrote to Mortimer Clarke, and told them I had asked for CCA from Cabot, and was waiting a response

 

.I also asked them to take no further action until they had contacted Cabot, to ask why I'd had no response to the CCA request.

 

Now I've got Claim form from Northampton bulk centre.

 

I have never had a Goldfish card, so unsure what that's about.

They say the agreement was terminated, so if there's no agreement, how can it be assigned to Cabot ?.

 

Also the amount owed seems to be the same as it was in 2003, where's all my payments gone?.

 

I could do with some help with filling out the claim form correctly.

 

Any help would be much Appreciated Thanks....:???:

Edited by Andyorch
Paras
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When was your last CCA request sent?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If you could read the following bubble and post your responses here...to enable the correct advice.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Claimant: Cabot Financial

 

Issue Date: 1/05/2015

particulars of claim :

 

By an arrangement with Goldfish Bank Ltd (GFB) and the defendant on or around 14/09/2002.

 

( the Agreement) GFB agreed to issue the defendant with a credit card upon the terms and conditions set out therein.

 

In breach of the agreement the defendant failed to make the minimum payments due and the agreement was terminated.

 

The Agreement was assigned to the claimant.

Value of claim ( inc costs): £3715.00

 

Current Acc or Overdraft: credit card

 

Original agreement before 2007

 

assigned to Cabot (allegedly)

 

Not aware been assigned. No notice of assignement

 

Original creditor probably issued a default notice

 

Notice of Default Sums: never received any.

 

Ceased payments after reading this forum. Thought I was being 'Cash Cowed'.

 

Last Payment: 29/07/2014

 

Dispute with original lender: No

 

Did I communicate financial problems with original lender: Yes.

Do I have to send a CPR31.14 request to Mortimer Clarke, now ?

Regards....Dave

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where's all my payments gone?

 

interest probably. no point going with a dmp if all is paying is interest and nowt towards the capital. anyway thats a side issue.

yes, do a cpr 31.14 request to the sols acting. see what they come back with

you say issue date was 1/5/15. so have a few days to consider and acknowledge in time with intent to defend.

who did you send that cca request to?

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have you ack'd {aos] the claim on mcol website yet

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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For your ref

Morgan Stanley were sold to goldfish in 2009 whom latterly were sold to Barclaycard,

 

 

so that's why the claimform poc mentions goldfish

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

look on the claimform mcol website detailed.

 

 

go up on the site

register as an individual

note the number

and select AOS [ack the claim]

 

 

defend all

leave juris unticked

exit mcol

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi DX, sorry but i don't understand what ack'd or mcol means...

regards...Dave

 

MCOL = Money Claim Online. Log on to the website with the details provided on the Claim Form.

 

AoS = Acknowledgement of Service - This is a form you complete online to give yourself an extra 14 days to file a Defence

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Hi, there's problems with MCOL site at the moment, unable to complete registration.

But I sent the AoS back yesterday by post, and ticked the defend all box. I hope I've done right.

Should I send a CPR31.14 request to Mortimer Clarke ?

Regards....Dave

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you file the no paperwork/holding defence on time regardless.

 

 

post it here first mind for checking

 

 

 

 

time to go read a few like threads here

and in the

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

 

to get upto speed

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Hi everyone,

 

 

got a reply to my CPR 31.14 request to Mortimer Clarke this weekend.

 

It reads:

Thank you for your letter dated 26/03/2015.

We acknowledge your request for documents puruant to section 77/78/79 of the consumer credit act 1974.

For the avoidance of doubt, this firm acts on it's client's instructions.

This firm does not hold the documentation you have requested.

We have asked our client to provide them and will come back to you as soon as we can.

We further acknowledge your request for further documents under Part 31.14 of the civil procedure rules.

We confirm our client is willing to agree to the extension of 28 days, for you to file your evidence.

Persuant to CPR 15.5(2) please notify the court in writing of the agreement.

In the meantime, the matter has been placed on hold and no further action will be taken.

Mortimer Clarke Solicitors.

 

A couple of questions:

 

Shouldn't Mortimer Clarke inform the court of the extension. Will the court take my word on that ?

 

It's Ok saying the matter is put on hold, but surely the courts action clock is ticking and things will happen anyway if no defence filed ?

 

Thanks in anticipation of your responses..

 

Dave

Edited by bubblenskweak
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Hi everyone, so got a reply to my CPR 31.14 request to Mortimer Clarke this weekend.

It reads:

Thank you for your letter dated 26/03/2015.

We acknowledge your request for documents puruant to section 77/78/79 of the consumer credit act 1974.

For the avoidance of doubt, this firm acts on it's client's instructions. This firm does not hold the documentation you have requested. We have asked our client to provide them and will come back to you as soon as we can.

We further acknowledge your request for further documents under Part 31.14 of the civil procedure rules. We confirm our client is willing to agree to the extension of 28 days, for you to file your evidence. Persuant to CPR 15.5(2) please notify the court in writing of the agreement.

In the meantime, the matter has been placed on hold and no further action will be taken.

Mortimer Clarke Solicitors.

 

A couple of questions:

 

Shouldn't Mortimer Clarke inform the court of the extension. Will the court take my word on that ? The Defendant informs the Court with copy conformation from the claimant....we do not normally advocate defendants agree to extensions and should submit their defence on time irrespective

 

It's Ok saying the matter is put on hold, but surely the courts action clock is ticking and thing will happen anyway if no defence filed ? Unlikely...you have written evidence that they wont proceed

Thanks in anticipation of your responses..

 

Dave

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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why give them more time to magic up paperwork?

 

pers I'd file your defence on time regardless

 

that's simply a std response to CPR

if you read a few threads here.

 

as advised earlier.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi DX,

 

 

I've had no response from the court, since I acknowledged the claim.

 

How long do I have to submit my defence ?

 

I presume my defence would be 'Cabot have not supplied any documentation', is that correct ?

 

Thanx..Dave

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as post 16

 

 

you have 33 days from claimform date whereby that's day one.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I presume my defence would be 'Cabot have not supplied any documentation', is that correct ?

 

Absolutely not...the claimant is not compelled to disclose anything pre defence....you need to read a few threads.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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I'd post that up here rather than via an attachment.

 

 

you've not referenced to their numbered paragraphs either

 

 

nor mentioned the CCA request

 

 

...........

 

 

def due by Tuesday 2nd june 4pm

 

 

dx

 

 

 

 

and as per post 5 their POC

 

 

is diff to the POC in your doc your attached ?

 

 

which is correct?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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