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

[mrrj]

Thats the strange thing this DOA! doesnt show any account details at all its a document showing all the legalities between kings hill and morgan stanley .It is worded quite alot that thi document covers bulk buying as apposed to my account. there is a page signed by cabot directors and morgan stanley reps (no date though).the only thing that relates to me is a single line on the last page stating my name card number and ammount. on the front page is the date of the aggreement but in the account statement they sent me monday the card number is slightly different and the ammount balance was different?

[Zimmie]

From what I understand...and that's not a lot! Deeds of Assignment often cover bulk purchases of debts, so you may just be one line out of many. However, if the information shown on the DoA and the Statement of Account differ, I would say some clarification is required. As Rory suggested send the OC a SAR this may throw some light on it for you.

Incidently are you sure the Credit Agreement is valid before worrying too much about the DoA?

[mrrj]

The CCA was passed to me via the c courts so i assume they are acceptable .

 

What im trying to press on is the fact that the DOA they supplied me today has no account details at all in ,

 

there is even templates for the notice of assignment (blank )

 

and the form of offer (blank) which is the form for the debt purchase from the original creditor

 

Can anybody explain what makes a DOA an executed copy??

[rory32]

I have PM'd someone to have a look at your thread - hopefully they can help.

[mrrj]

thanx rory today was the date that cabot had to supply me with all paerwork , so i dont think i have much time to find fault with what they have sent.

 

Anybody with DOA knowledge???????

 

DOA skilled peeps advice please

[rory32]

Don't know if this helps or not

http://www.npi.co.uk/npi/npipb.nsf/attachmentsbytitle/howto-assign-deed/$FILE/howto-assign-deed.pdf

http://www.npi.co.uk/npi/npipb.nsf/attachmentsbytitle/howto-assign-guide/$FILE/howto-assign-guide.pdf

Although for a different type of assignment (not a debt) I think the same principles apply.

[mrrj]

thnx rory but i just need to know if a doa wth no details of mine willhold water in court

[pmhcfc]

thnx rory but i just need to know if a doa wth no details of mine willhold water in court

 

Shouldn't this post be in the Cabot threads ?? It miht help to attract more attention

[Rhia]

Did the Judge order Cabot to release the DOA to you? If so what else did they send you? If Judge ordered disclosure you can ask for any information you need and they have to supply it.

Why did Morgan Stanley say they are part of the same company? It really is worrying how these employees know zilch about the law and even who they work for.

Also it isn't the DOA that is an executed copy I think you mean a copy of the original executed agreement.

And yes the original creditor should have sent you a notice of assignment and Cabot too.

[mrrj]

Yes the Dj ordered cabot to suppl the DOA , CA and account statements.

On the CA they have sent the only bits i can read are the sections i wrote in , The account statements are nothing but plain sheets of paper with a list of usage and a balance at the top of each page . How can a DJ take the copy of the DOA as real when it has no details about me in at all ,if this is a legal document then the the DJ could take it as everyone on this sites DOA.There is also a lot of errors on all the docs , my address is slighlty wrong on the statements and on the back of the DOA was stapled a sheet with my name ,acc number and balance of which the account number and balance does not match the account statements. Also i have noticed that the Default registered with Equifax was registered over a year before they claim to have purchased the debt.Cabot appear to have sent all the details by the cut off date (last Thursday ) should i send a letter to the courts pointing out all these errors? and will the courts now pass judgement without contacting me ??

[Rhia]

When is your hearing set for? I would probably do the following:

Go over the entire paperwork you have in front of you and dissect it word for word and as you go draw up a list of points where you disagree with them.

Also post your contract on the CCAthread on here (I think it's in general forum) as there are a lot of people with experience of these contracts. I couldn't see it very well but does it say application form or agreement?

As to the DOA it sounds like it proves nothing if there is nothing specific to you.

Add to your list the fact that the default was registered a whole year before you heard from these people.

If in doubt of next move with the court either call them or go and see them. They will usually tell you what will happen next.

I am not sure if you have been to court yet or if the DJ is just doing this all on paper.

Keep posting and people will drop by with extra info I am sure.

[Rhia]

There is also a lot of errors on all the docs , my address is slighlty wrong on the statements and on the back of the DOA was stapled a sheet with my name ,acc number and balance of which the account number and balance does not match the account statements. Also i have noticed that the Default registered with Equifax was registered over a year before they claim to have purchased the debt.Cabot appear to have sent all the details by the cut off date (last Thursday ) should i send a letter to the courts pointing out all these errors?

 

I meant to add contest all of this in a letter to the court. Do not admit to anything at all. It is up to them to prove it.

[mrrj]

Thanx RHIA Havent been to court yet and have no hearing date .

will speak to the courts tom to see whats next .

 

Recieved a letter from court stating that the claim be stayed until 21st may (can someone expain what stayed means) funny thing is letter is dated 22nd may ??

[tbern123]

If I was you, I would ring the court.. Must be a typo... Could be June or July....

[Dean.Spencer]

Just subscribing

[mrrj]

Good call tbern was meant to be june not may

[elizabeth1]

Just subscribing

 

 

Hiya Dean

 

Just thought I'd ask if you are alright ? Is there anything you need help with?

[Jeff2000]

Hiya Dean

 

Just thought I'd ask if you are alright ? Is there anything you need help with?

 

 

 

Yes, if you are having problems with Cabot, you have come to the right place!!!

 

 

Jeff,

[mrrj]

Have just written letter for the court what do you think?

29/05/2007

 

 

Dear Sir / Madam Ref claim number xxxxxxx

 

I have now recieved What Kings Hill / Cabot (uk) Claim to be my original credit agreement , a statement of my account and the deed of assignment but i have found there to be a number of errors.

1. The credit agreement is actualy a copy of the original application form , this is a very poor copy and i am unable to read the term and conditions therfore how can i dispute if the terms and conditions are broken .

 

2. How Kings Hill / cabot (uk) are in possesion of the supposed credit aggreement when it would quite clearly be breaking the data protection act for Morgan Stanley to supply them with a copy.

 

3.The copy of the supposed statements are nothing more than a printout on plain paper of transactions and a balance at the top .Also the address supplied on the supposed statements do not match my actual address.

 

4. As in 2 how are Kings hill Cabot (uk) to be in possesion of this supposed statement when it would also be breaking the data protection act for Morgan Stanley to supply.

 

5. The supposed copy of the Deed Of Assignment is no more than a bulk purchase contract between Kings Hill / Cabot (uk) and Morgan Stanley , this does not contain a single reference to me or my supposed account apart from a sheet added on the back . This sheet has a single line about my account but the account number does not match that in the supposed statement nor does the account balance.

 

6. In the supposed Deed Of Assignment is a template for a Notice of Assignment . i have never recieved a Notice Of Assignment from Morgam Stanley nor Kings Hill / Cabot (uk) and is my understanding that a court case cannot be actioned until a Notice Of Assignment is sent.

 

7 The supposed Deed Of Assignment is dated 27/05/2004 however on my equifax credit file Kings Hill /Cabot (uk) have placed a default upon me dated the 03/03/2003 how could this be possible.

 

8.The fact that the supposed Deed Of Assignment allows Kings Hill Cabot (uk)to write and print letters in Morgan Stanleys name.

 

Above is just the mistakes i have found with my limited knowledge of the law but i am sure there is more than one good reason for this case to be struck out. I would now ask you to order Kings Hill /Cabot (uk) to comply with a S.A.R - (Subject Access Request) to find out any other data they have shared or been supplied with .

 

Yours

[debt_mountain]

is it worth mentioning the fact that the sales agreement allows Cabot to write and print a letter in MS's name. Misleading if nothing else. Rest looks good though.

 

DM

[rory32]

Agree with bebt mountain........well done mrrj!!

[tbern123]

Have you sent a SAR to Cabot Financial (UK) ?

 

I would strongly suggest you do, as their response will have an impact on your case.

 

I will send you a pm to explain

[mrrj]

Thanx guys quick on the ball tonight! Have now edited asking the courts to make cabot supply a sar?

[mrrj]

Can anyone tell what form i need to apply for case to be struck out

[Jeff2000]

Can anyone tell what form i need to apply for case to be struck out

 

 

Hi,

 

 

I think it may well be the N244 form!

 

I suggest you give your local County Court a ring to confirm.

 

 

Regards, Jeff.