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Hello,
Going to post up all of the particulars of my case from Cabot. Hoping that someone can provide advice and offer any tips?
It originated in the Northampton CC, then was transferred to my local CC.
PoC -
The claimant is the Assignee of a Debt(s) from Morgan Stanley Credit Card Reference xxxxxxxx.
Notice of Assignment having been given to the Defendant in writing. Despite demand for payment 50xx remains due. The claimant claims 53xx and interest under s.69 County Courts Act 1984 and costs.
Background of case:
On the 16th of August, Morgans sent me a large envelope, they state:
In respect to your CPR 31.14 request:
They included in the package:
I have completed my N150 AQ asking for it to be transferred to SCT as its only slightly over the normal limit. Also sent a Draft Order for Direction.
Morgans sent me a copy of their N150 AQ, they filled it in as follows:
4 points above are my main defense points just now, unless anyone can give further guidance?
I will attach in an additional post:
So both AQs are in, waiting on next word from Morgans / CC.
Any advice would be great.
DC.
Going to post up all of the particulars of my case from Cabot. Hoping that someone can provide advice and offer any tips?
It originated in the Northampton CC, then was transferred to my local CC.
PoC -
The claimant is the Assignee of a Debt(s) from Morgan Stanley Credit Card Reference xxxxxxxx.
Notice of Assignment having been given to the Defendant in writing. Despite demand for payment 50xx remains due. The claimant claims 53xx and interest under s.69 County Courts Act 1984 and costs.
Background of case:
- I stopped paying Cabot and CCA'd them on 25/06/2009.
- I received nothing, apart from apologies on the delay until 22/07/2009 when they sent me a copy of my application form. Its signed by me and dated 16/10/2000.
- I replied, saying it was not a valid credit agreement etc etc they replied each time saying it was and this went on until 01/03/2010 (I did receive a letter from Morgans on 27/01/2010 but filed it due to having nothing else supporting their case), when a Northampton CC claim fell through my door.
- Particulars of claim ask for balance + costs + interest.
- I sent off a CPR 31.14 & 18 request on 08/03/2010 to both the solicitors & Cabot. Recorded Delivery of course.
- I received nothing therefore submitted a modified embarrassed defence. This defence focused on the NOA since that's what was noted in their Particulars of claim, although obviously my CPR request asked for NOA, DN, Termination Notice & Credit Agreement.
On the 16th of August, Morgans sent me a large envelope, they state:
In respect to your CPR 31.14 request:
- a) CPR, Practice Direction 16, Paragraph 7.3 does not apply to claims issued at the CC bulk centre by virtue of CPR, Practice Direct 7C, paragraph 1.4 (3A):
- b) A copy of the credit agreement is attached to the response to your Part 18
- c) a copy representation of the notice of assignment is attached to the response to your Part 18 request which is attached hereto: and,
- d) the Claimant is unaware of any requirement to serve a Termination Notice in this matter request.
They included in the package:
- Their response to my defence
- A copy of the receivables sale agreement
- A copy of the communications log
- A 'representation' of the deed of the Assignment. NOT DATED
- Copy statements.They then go on to state:
You are reminded that repeated and retracted attempts to secure documentation from us that we have already informed you is not in our possession will result in costs being incurred unnecessarily. If such costs are incurred, we shall seek to recover those costs at any final hearing.
- I heard nothing further until 08/08/2010 when a letter from my local CC dropped through the door.
- Its noted on here that on the 27/07/2010 the judge granted the application to lift the stay and transfer the case.
- I have an AQ N150 enclosed here that lists information.
- Parts 1 - 3 mention the dates of the claim and my defence submission.
- Part 4 states that the responded to my CPR 31.14 request on 16/04/2010. THEY HAVEN'T, I STILL DON'T HAVE ANY DN or TERMINATION NOTICE.
- Part 5 states that owing to an administrative error the claimant failed to request the transfer
- Part 6 states that the claimant wishes to proceed with the action and for the stay to be lifted & transferred. Also that allocation questionnaires are issued.
I have completed my N150 AQ asking for it to be transferred to SCT as its only slightly over the normal limit. Also sent a Draft Order for Direction.
Morgans sent me a copy of their N150 AQ, they filled it in as follows:
- Section A - They have ticked the box for wanting to settle, then also for the 1 month stay
- Section B - They have ticked NO for any particular court
- Section C - Ticked yes for pre-action protocols
- Section D - Filled in the claim amount and specified the witness. No to expert evidence and they have ticked Fast Track
- Section E - They have estimated 3 hours.
- Section F - Ticked no for proposed directions
- Section G - Costs incurred to date - 500, overall estimate - 5000, WTF??!!!!
- Section H - Yes to attached fee
- Section I - No to attached documents.
- Have seen some people make reference to the whole Cabot (UK) V Cabot (Europe) thing, not sure if this is worth looking into?
- Also, to this day, I still have no Credit Agreement with prescribed terms or what I believe to be properly executed.
- In addition, the T&C I was sent are dated 2004, Credit Card was taken out in 2000.
- Plus, no default notice, termination notice and Notice of Assignment - only a blank reconstruction of a NOA.
4 points above are my main defense points just now, unless anyone can give further guidance?
I will attach in an additional post:
- Copy of replies from Cabot, including blank NOA & App Form
- N150 with personal details removed.
- If you need anything else, please shout.
So both AQs are in, waiting on next word from Morgans / CC.
Any advice would be great.
DC.
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