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

[mrrj]

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

[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 ??

[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?

[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??

[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

[mrrj]

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

[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 ??

[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 ??

[mrrj]

Good call tbern was meant to be june not may

[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

[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

[mrrj]

Recieved a letter from the courts today ,they have fast tracked my case and set a directions hearing for the end of the month. Can anyone explain what fast track is . cheers

[mrrj]

How can full disclosure help me me when cabot have suplied me all that i required under the cca (even though most of it is not as should be ) ?

[mrrj]

Thanx DM like you say it would be hard for cabot to push that DOA as being leagaly binding for my account , roll on court date.

[mrrj]

I have a Directions hearing at the end of this month which i have to attend.

[mrrj]

Went to directions hearing today and it cuoldnt have gone worse .

 

The judge agreed that the cca and statements were unreadable

he told cabot that i need readable copies but said it would be fine if they just typed them out ?????.

 

I told him that i never received a copy of notice of assignment but he said fine cabot can send you one .

 

He also told me it wasnt worth fighting because if it goes to trial it would cost me thousands.

Not exactly how i saw it going

[mrrj]

I kept telling the judge i was within my rights to have a properly executed version of the ca and the doa he said why i can see your signature just cant read the terms as for the doa he said they dont have to show me a copy filled in because of the figures inside

[mrrj]

Well i recieved an order from the courts tyelling cabot to supply by the 09/08/07 a " a resasonable copy of the loan agreement or if not available the best copy that can be produced with a typed copy " and also " a copy of the notice of assignment" strangely they only resent the poor copy of the ca and the same copy of the doa claiming this was the notice of assignment. Im ordered by 23 august to file and serve an amended defence as to whether i dispute the terms of the credit agreement and if so on what basis , also if i dispute service of the notice of assignment . I also have to list all disputed entrys of my account statement and list why.

[mrrj]

Well the legal system sure dosnt help u much . Cabot failed to supply the readable copy of the ca so i wrote to the courts asking them to strike the case out . They sent a letter giving cabot 7 days to supply the copy or they would strike it out (4/09/07) i though this was done and dusted but today i got a court letter , cabot have applied for an extension and have got a hearing for next tuesday . Im starting to lose sight of the goal here. Anyone got any advice thanx.

[mrrj]

Problem is dj is that the judge is allowing them to type a copy ??

[mrrj]

this is where it becomes tricky ,they have supplied a signed copy its just not readable . The courts have accepted it as a true copy they are just getting cabot to make it readable

[mrrj]

This is already fast track , at the last hearing the dj wasnt really interested in my arguments about notice of assignment (not yet recieved) , the fact that the deed of assignment has nothing in it about my agreement and the fact that the ca was unreadable and didnt meet the requirement. The judge was just concerned that the ca wasnt readable. Does anyone know if i need to attend cabots hearing to extend the deadline. What annoys me is they had an order at the end of july after a hearing to supply me with a clear copy which they failed to do ,so i wrote to the courts asking them to strike it out ands the court gave them another seven days to comply. How long will the court give them ? its been seven weeks already.

[mrrj]

Think i should attend ? armed with the prescribed terms?

[mrrj]

This is just a hearing for cabot to extend the amount of time for them to supply the credit agreement