Cabot, your 30 days are up!

[Josie8]

Many judges do look at cases like these as Yog has previously experienced. If there were other issues as well to strengthen the defence it may be a different matter, but relying on a dodgy DN when fighting a large claim is risky IMHO due to the costs implications if the OP lost.

 

Technically I agree with what you say Pinky, but in practice it often doesn't work out like that, and the courts WILL enforce the debts, and in many cases add substantial costs.

 

Regrettably because they are acting as Litigants in person instead of legally represented. The arguments are not always clearly put across as being your own advocate in court can be a daunting process

 

However a invalid default notice in cases where the total amount claimed is not just arrears is in my experience a good defence

[Pinky69]

It is High Court precedent and cannot be argued against but I understand how the poster feels about going to court and that must be respected. Pity.

[Josie8]

Where does it say High Court not county court?

[Pinky69]

I was referring to the Kpoharor case - legal precedent.

[caro]

Regrettably because they are acting as Litigants in person instead of legally represented. The arguments are not always clearly put across as being your own advocate in court can be a daunting process

 

However a invalid default notice in cases where the total amount claimed is not just arrears is in my experience a good defence

 

Unfortunately the nature of CAG means that for many the luxury of legal representation isn't necessarily an option.

 

Personally I believe that a LIP can do a good job of representing themselves, because they have most at stake, and know their own circumstances best. That said they need to spend a lot of time researching and preparing in order to become confident in their arguments, and be prepared for questions that may be thrown at them.

 

It's important to do as the OP has done and weigh up the pros and cons, including the risks, and do what is right for them and their nearest and dearest. I too respect the posters decision.

[Yog sothoth]

Cheers. When Lloyds TSB took my wife to court last year we both worked hard on the defence and I thought we were well prepared. We managed to get the judge undecided (this against a barrister) to the point he needed to take 10 days out to make a decision, but in the end he based that decision on 'balance of probability', ie. even though the Claimants couldn't conclusively prove their case, he deemed it 'likely' that they were in the right, so awarded against us, including their costs, which were a lot.

 

If I'd read lots of threads on CAG where posters had won cases on the strength of Default Notices not served correctly, I might have felt a bit more confident. As it was, I reached an understanding with Cabot, which won't kill me.

 

I have disputes with several other DCAs, most of whom haven't been able to produce a Credit Agreement, so I am more confident in telling them to get lost.

[Yog sothoth]

Sigh....just when I thought this one was sorted. I have now had two letters from Morgan Solicitors, informing me that our agreed monthly payment has not been received by them. I checked the account and it was paid as agreed, to the account numbers given. Nothing has changed. Ignore or reply?

[citizenB]

Just a short note asking them why they are hassling you , when their claim is obviously untrue.

 

Confirm the account numbers you are using and the agreed monthly payment left your account on DATE and has not been returned by your bank. If changes were made to account numbers without advising you, then that is down to them.

 

[Yog sothoth]

That was my inclination, so I'll do that. Hope they aren't trying to pull a fast one. CL Finance did that 2 years ago and it cost them a grand.

[Yog sothoth]

I sent them this...

Dear Cabot/Morgan Solicitors,

Words cannot express the emotion I felt upon receiving your letter dated xx/03/13, it having been some time since I had had that particular pleasure.

However, I am somewhat puzzled as to your two most recent letters, both claiming wrongly that payments due under my payment arrangement have not been received.

As you should be aware, payments are made on the xxth of each month, and have in fact, been made as arranged, paid to the account and bank sort which was provided by yourselves.

Expect the next payment on or around April xxth.

I would add a request for no more letters without due cause. Sending a letter dated the 12th, to inform me of non-receipt, not only wastes both our times, but betrays a lack of diligence on your part, for aforementioned reasons.

With any due respect

Michael J Mouse

[andrew1]

Make sure they alter the records on the Credit Reference Agencies as they will put that down as a late payment and record it accordingly to your detriment - get them to correct it if they have.

 

A1

[Yog sothoth]

Good point Andrew. I haven't posted it yet so I'll amend it to include that. Thanks.

[citizenB]

Nice letter, Yog

[Yog sothoth]

And up it pops again!

 

Last letter shut them up but now, they have written telling me that my monthly payments are due for a "formal review".

 

As nothing's changed since the Tomlin Order, I don't want to change anything, but I guess they don't like the idea that it's going to take 25 years to pay it off.

 

How should I respond?

[mikeymack2002]

If your finances have not changed then the amount you now pay is the maximum you can afford, could you pay more? I doubt it , they have no powers to increase it to more than you can pay. A formal review is not worth the paper it is written on, it's just hot air and trying to make you pay what you owe faster, but I guess that you can only pay what you are and no more, so they either shut up or take you to court, which is something they may consider.

 

If the debt is so significant then perhaps they are trying to force you to go bankrupt? would that be a bad thing?

[Yog sothoth]

Bankrupty would be bad, yes. We'd lose our home.

They have already tried to claim in Court and we reached agreeement via a Tomlin Order, which is a legally binding court order, an alternative to a CCJ (it doesn't count against you in credit terms), before it got to judgement.