Jump to content


bubblenskweak

Cabot/Mortimer Claimform - old Morgan Stanley/Goldfish Credit Card 'debt'

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1519 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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

Share this post


Link to post
Share on other sites

When was your last CCA request sent?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites
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?


IMO

:-):rant:

 

Share this post


Link to post
Share on other sites

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

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

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 DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
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 DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

Ok, so sent my CPR 31.14 request to Mortimer Clarke. Now just wait for response....

Just out of interest, what happens if they completely ignore me, and send me nowt ?

Regards...Dave

Share this post


Link to post
Share on other sites

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 DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Just out of interest, what happens if they completely ignore me, and send me nowt ?

Regards...Dave

 

likely, or a template response re it being small claims etc. :)


IMO

:-):rant:

 

Share this post


Link to post
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

Share this post


Link to post
Share on other sites
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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

Share this post


Link to post
Share on other sites

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 DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

as post 16

 

 

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


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

Share this post


Link to post
Share on other sites

Hi Dx, I am going to file my defence now.

I have drafted a defence, and wondered if you could cast your eye over it. Then advise me if it's Ok, or if I should make any changes.

Regards...Dave

Share this post


Link to post
Share on other sites

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 DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...