kings hill/hodsons[cabot] claimform - mogan Stanley card **DISCONTINUED**

[kennyparkroad]

i cant answer that one

 

anyone?

[Rhia]

I don't think DPA applies to the law courts but not entirely sure.

[mrrj]

Can i bring it to the courts attension that the dpa must in breach?

[tiglet]

I'd call information commissioner for some advice about whether it constitutes a breach under these circumstances before you bring it up in front of a judge.

[mrrj]

after reading some other threads i have now realised that i have never recieved a notice of assignment does this mean they cannot pursue me through court until they issue me one.

[mrrj]

Im in a court case with cabot after they tried to get a ccj theyhave come up with a very small and unreadable credit agreement . The courts have given them 30 days to come up with an account statement and a deed of assignment is it easy for them to come up with these ??

Thanx mrrj

[Seahorse]

Deed of assignment, probably. But account statement? Well, I don't THINK anyone has actually managed to get one from them yet.

[debt_mountain]

mrrj

 

you need to push the unreadble agreement in court, did you get a copy? Do they have terms and coditions as a seperate sheet? if yes have they givenyou a copy?

 

you have found the best for help.

[mrrj]

I got a copy about a quater of an A4 sheet i can read my writing and signature on it but pretty much everything else is unreadable

[Jeff2000]

I got a copy about a quater of an A4 sheet i can read my writing and signature on it but pretty much everything else is unreadable

 

 

 

Hello mrrj,

 

 

Can you scan the copy of the agreement they sent.

 

Then we can take a closer look, and advise accordingly.

 

In any case, sounds like you should push the illegibility of the agreement with the courts!

 

If you can't read it, how do you know what you are supposed to of signed for?

 

 

 

Good luck, Jeff.

[mrrj]

 

 

This is the first page of the CA (minus details) bit hard to read eh?

 

 

2nd page

 

After talking to customer liasons at morgan stanleys today ,I asked them why the passed a copy of my CA to another company (cabot) she replied "we can pass cabot a copy of your CA as cabot are part of our group of companies" sounds a bit scary eh

 

Speaking to Morgan Stanley today they claim the reason they gave cabot a copy of my CA is because cabot is part of there group of companys?

[andrew1]

Speaking to Morgan Stanley today they claim the reason they gave cabot a copy of my CA is because cabot is part of there group of companys?

 

What? :o Nonsense - the Japanese own part of it, Barclay's and a bunch of other nondescripts own the rest.

[mrrj]

The woman from cust liasons at morgan stanley insisted they only sell

debts to companys in their own group of companys , sounded a bit suspect to me

[andrew1]

Maybe, but they don't own Cabot - take it from one who knows!

[mrrj]

That good new for a moment there i thought cabot would have no problem getting their hands on my morgan stanley statement and deed of assignment before the 13th Which is how long the court have given them

[tiglet]

Hmm - friend of mine is an executive director at morgan stanley - may have to drop him an email.

 

ps He's actually a very genuinely lovely guy.

[andrew1]

Hmm - friend of mine is an executive director at morgan stanley - may have to drop him an email.

 

ps He's actually a very genuinely lovely guy.

 

I don't doubt most of these people we are dealing with actually are genuine lovely people... misguided sometimes by powers higher than them, but lovely people non the less.

[mrrj]

Starting to think maybe i bit off more than i can chew ,

 

today received a nice little letter from hodgsons containing a statement for this claim .

 

They only had till thursday to produce the statement and the DOA and i thought i was sitting pretty .

 

They have now given me a copy of my agreement (Very dodgy unreadable copy ) and a copy of my statements.

 

The statements are just bad copies with no morgan stanley writing on them at all.

 

Any advice would now be very greatly welcomed.

 

These guys have 2 days to produce a DOA but i have never recieved a notice of assignment can i use this in my favour?

 

Deed of assignment, probably. But account statement? Well, I don't THINK anyone has actually managed to get one from them yet.

Well im afriad today cabot suppied me with account statements .DOA next and them im screwed:(

[andrew1]

First and foremost, make sure of EXACTLY what you have been sent. A dodgy copy of what precisely? If it does not show it is a credit agreement and is only a copy of an application form or does not hold all the prescribed terms then come back here.

[mrrj]

its seems to have most of what it should on the CA but really the only thing readable is what i filled in all the terms and conditions r unreadable.

[elizabeth1]

Are you sure it is a CCA and not an application form?

 

there are some weird Docs floating around that a lot of companies are trying to pass off as CCA's.

 

You want a legible copy to view - they haven't complied with your request if you can't read it.

[mrrj]

Thanks ill write to the courts and bring this to their attention ,hope they see it your way.my options r running short

[ODC]

Well im afriad today cabot suppied me with account statements .DOA next and them im screwed:(

Its not all over yet. They have to produce a Legible, Executed copy of the Agreement

[mrrj]

Is It i true when this DOA was issued i should have recieved a notice of assignment ,

if so will me not receiving one help me in court????

 

Help needed pleeeaase

 

Today received what cabot claim is the DOA ,

this is the final document that they needed to supply (CA AND sTATEMENT PROVIDED) before their time ran out at the end of today .

 

Can any one tell me if there are any prescribed terms of a DOA as the one i received just seems to be copys of the sale aggreements and a page at the back signed by cabot and morgan stanley with no dates on them???

 

After flicking through the "DOA" its quite clear that all the way from front to back (about 50 pages ) it has no reference to me at all apart from a single line on the back page showing my name ,

acc number and

amount of debt ,

 

this is clearly not printed in the same format as the rest of the document surely this cant be used by cabot in my court case .

Any suggegestions

 

I have recieved what cabot are claiming to be my DOA what makes it an executed copy?

 

Has anyone else received a cabot DOA ?? certainly makes good reading!:-?

 

After spending some time digging in this DOA its quite clear that this is a DOA for a bulk purchase .

 

anyone know the legalities about this and will the DJ accept this (even though it has not details of any accounts) as a legal DOA ??

[rory32]

If the amount showing is incorrect i.e. contains charges (either cabots admin charges or unlawful bank charges) the document is legally invalid. Have you sent them a CCA request and asked for a statement of account? If not do this.

I would also send a SAR to the original creditor if you have not already done this.