Morgan V Cabot

[morgan054]

This is for a cc I defaulted on a couple of years ago. Quick insight, at the time I first joined, dare i say, otr, I had a claim for bank charges against the Halifax, although i won they took the amount off the credit card total, which at the time p****d me off. I was first contacted by Blair Oliver And Scott and was advised to cca them, so i did and was sent the usual application form, when i told them it did not prescribe all the relevant terms etc, they passed it to another dca. I should have cca'd the Halifax direct i know but i liked to play with the dca's who followed BOS. They all fell at the first fence and then it went quiet, fast forward to recently and Cabot have it.

Now before our upheaval i seem to remember receiving a letter off cabot and meant to cca them also. but it was the last thing i was thinking of at the time.
We are still looking for the papers at present, somewhere in the junk piled high, now we've received a court summons from them.

Now i know the cca is crap and obviously will depend on that, so forgive me if i am taking the wrong direction.

1. Fill in N1 disputing the whole amount, issue date 30th Sept, 5 days plus 14 so i need to send it soon. I make it by the 19th Oct but its ready to go now

2. Then work on defence ie, cca request from cabot or Halifax or both?

Now i've seen some of the infamous threads concerning cabot, little realising i would be engaging with them, so any help or advice will be very much appreciated.
I have prevously managed to stave off the various dca's at the cca stage, but these have got to the claim stage so not sure about it now, if anyone has some good reading for me to swat up on feel free

[Amethyst]

Re: Morgan V Cabot

Morg, you acknowleging online now then gives us a bit longer to sort the defence and if you get the cca letter off now you will be within the 28 days by the time they should respond and will know if you can use it in your defence/offer to pay.

Will come back a bit later on xxx

[morgan054]

Re: Morgan V Cabot

oops silly me forgot about online, thanks ame

[Curlyben]

Re: Morgan V Cabot

What's the date of service of the claim, as you have 14 days from then to acknowledge it ?
personally I would wait till close to the date before I acknowledge it, just to keep Cabot guessing.

[morgan054]

Re: Morgan V Cabot

Sorry curly, too late, ame's fault, she mentioned online so i did it then, never mind. Will send off for the CCA, probably Monday now. I assume its just the standard request anyway?

[Amethyst]

Re: Morgan V Cabot

Aye do a standard cca.

And to be honest I don't think Cabot take the blindest bit of notice on how long you take to stick your acknowledgement in. I would do it as quick as poss so if they do look and see you are 'intent to defend' ing they'd know you aren't just going to roll over.

[morgan054]

Re: Morgan V Cabot

I think i've made a booboo on this, not sure, but i thought i had another week left to fill in my defence, sent off to cabot for cca and received their reply that they'll send it within the 12 days but nothing so far. So what do i do next?
------------------------------- merged -------------------------------
Sent off for cca on13/10/08 recorded

[Amethyst]

Re: Morgan V Cabot

whens the defence due in babe?

[morgan054]

Re: Morgan V Cabot

issue date of summons was 30 sep

[morgan054]

Re: Morgan V Cabot

I'm taking it that, from the summons, the 28 days is, from 5 days after the date of service, which should make it 3 Nov, today, to file a defence.

As i have not received the CCA from Cabot still, would it be right of me to use the holding defence?? and to file it on line.

[morgan054]

Re: Morgan V Cabot

I've amended the holding defence, as found elsewhere on the site, to suit, i think, and submitted it online, what happens next????

Should i write to cabot again asking where the CCA is, or just leave it up to the court?? Cabot have gone past the 12 day deadline.

[morgan054]

Re: Morgan V Cabot

Its been a while since my last post, mainly quite busy at work, but also, i dont like posting too much info for the MIB.

The upshot is that the case was stayed after the lapse of 28 days, unless they wished to proceed, obviously without the CCA they could'nt.

Since then i have been informed by the court of transfer to a local court(Dec) and that their sols at the time are no longer acting for them.

Also had a letter from the new sols advising me they were taking over case, still no further correspondance about cca agreement.

My next query is... Although this has been stayed, it states " The only action the claimant can then take will be to apply to a judge for an order lifting the stay", this must only surely be possible if the CCA agreement was to appear, so is it therefore possible that i can apply to have this thrown out completely now, because of the time it has taken to date, or could this last indefinately

[Curlyben]

Re: Morgan V Cabot

Why was it stayed.
What was the wording of the order, as you correctly point put, without the agreement they are stuffed and this should be struck out as an abuse of process.

[morgan054]

Re: Morgan V Cabot

Hi Curly, I submitted the holding defence regarding cca etc, and had a letter off cabot saying they were waiting for cca off halifax and until then would, and i quote "We will as a gesture of goodwill put your account on hold until we receive further communication from the original lender.

The court papers indicate, dated 5th Nov, that if cabot did not proceed then after 28 days the claim will be stayed.

[Curlyben]

Re: Morgan V Cabot

So this has been stayed for two months now then.
I;d be inclined to give the court a call and ask them how long thus would be stayed for and if they can't answer then apply to have the stay removed and the claim struck out as Cabot are obviously NOT going to comply.
After all after 12 working days they are precluded from taking any action..