Morgan V Cabot

[morgan054]

Re: Morgan V Cabot

Trial Bundle.

So far,,

Section A. Pleadings

Particulars of Claim (Claimant) 1

Defence 2-4

Section B Witness Statements

For the Claimant

Witness Statement of xxxxxxx 5-101

For the Defendant

Witness Statement of Me 102-125


Section C ?????????

Relevant case law and CCa sections??

Stuck on what section c should be labelled,, anyone??

[morgan054]

Re: Morgan V Cabot

I asked the question earlier about them applying for sec 69 interest but i knew i'd seen it before so i will post it here for reference anyway

Regarding that which is denied, it is noted the claimant seeks to claim statutory interest pursuant to section 69 of the County Courts Act 1984.
The defendant notes that the claimant is not entitled to do so and attention is drawn to The County Courts Interest on Judgment Debts Order 1991 Section 2 (3)(a) which sets out that this is the case as this claim is in relation to a debt regulated by the Consumer Credit Act 1974.
------------------------------- merged -------------------------------
can i or do i need to do a summary in my bundle or should i just include this in my own reference material

[Amethyst]

Re: Morgan V Cabot

Authorities (covers case law and statute I think)


Did you find anything useful in that thread yesterday ?

Keep the s.69 for your notes, but remember to bring it up if things do go against you.

[morgan054]

Re: Morgan V Cabot

Thanks Ame, I have seen that one before and have had a look, basically same as mine but the lack of default is where i am heading on this, but we shall see when it unravels in court tommorrow.

Can i produce interest rates that where relevant at the time, in court to back up my assertion that the prescribed terms they have sent me are not the ones for that account at the time of inception?

I think it depends alot on the DJ at the court and what his/her mindset is, but I'll cross that bridge when I come to it

[Amethyst]

Re: Morgan V Cabot

Yes interest rates is a good one, default fee levels too. But if you get a bad judge the balance of probablity stuff might come in so yes the strongest part is no default notice and that they are claiming arrears not the entire balance so they are claiming the wrong amount to be arguing there doesnt need to be a default notice.

Have asked Curly to pop his nose in.

[morgan054]

Re: Morgan V Cabot

Hi, and thanks again Ame, The interest rates are from an old statement from 2004 that i found amongst some stuff, the interesting one is the default fees which where the old rates of £20 whereas the ones on their evidence is the new rate of £12. The initial credit limit is wrong also, and the statements they have included also back this up.

The arrears they should be claiming for I estimate at about £850, being from the time they aquired the account until the time they filed at court, using the minimum payment required of 2%, not sure if that is the right period i should be using but it shall have to be.

On the balance of probability I dont see how they can use that analagy because the proof is in black and white so to speak.
If they say "On the balance of probability they are the ones you signed up to then why is the Default Fee £12, which did not arise until 2006 after the intervention of the OFT.
Just my thought on it and will just have to wait and see

[volvo]

Re: Morgan V Cabot

any news on progress?

Volvo

[morgan054]

Re: Morgan V Cabot

Its been a long time since this thread was posted in, so, I will add what has happened in the following 4 years.

I went along to the court on the due day and it didnt go too well, After a tense sweat stained period of what felt like days, judgement was awarded against me. Even without their Default Notice, CCA Agreement, Assignment etc, I believe with the DJ I had, the odds where stacked against me, but thats just my belief.

Judgement was awarded in the sum 14,361.54 including costs etc, and I was invited by their sol to forward a payment plan. I never did offer any payment and so it went for the following 4 years. Now apart from a letter approx 3 months ago, from a new dca acting for Cabot, requesting payment, or we will take you to court AGAIN, I just ignored it.

I understand there will be people who say that I should of replied, done something etc, but to be honest, they cant have what I have'nt got. I lost my house in 2008, nearly lost my business, bounced back, and now "retired", so I have nothing (of mine personally) they can repossess, I shall say no more regards possessions.

In Sep this year, solicitors acting for Cabot obtained a CCJ, again for the same debt, and because I never defended, obviously it was granted.
However this week I have recieved a letter from the court which states

By The Court Of Its Own Motion It is Ordered That the Judgement Dated xxxxxxx be and is hereby set aside.and there be no order as to costs.



I do not have credit cards/finance/loans only my current account, and use cash not debit cards for pretty well everything i can.


Previous to this CCJ, my credit score via Noddle was 3/5, since this CCJ it is currently 1/5, can I have my file amended since this set aside, or will that stay there. Its not a problem, as I dont intend looking for credit anyway.

Can I apply to the court to ask why it was set aside?

Does the Statute barred start from the time of the original CCJ ie 2010 or from the date of the last payment of the alledged debt 2006?

And finally a late Hello, to all the old forum members, those that take their memory pills anyway??????

[morgan054]

Re: Morgan V Cabot

Previous to this CCJ, my credit score via Noddle was 3/5, since this CCJ it is currently 1/5, can I have my file amended since this set aside, or will that stay there. Its not a problem, as I dont intend looking for credit anyway.

Well it appears that after checking my credit report that it has been removed, and no reference to this ccj is present, so thats 1 query settled.

[Amethyst]

Re: Morgan V Cabot

Hi Morgan, God only knows how I missed your post (and eveyrone else also managed to it seems - maybe you posted in invisible ink ) Will have a read back see what's what. xxxx Sharon xxxx

[Amethyst]

Re: Morgan V Cabot

Cripes, well that was lucky - it must have flagged up that there was already a CCJ against you for this same debt.

Is the first CCJ still showing ?

You could give the court a call and ask them, if they can't tell you though I wouldn't be inclined to ask the DCA, as the basket is probably best left unpoked in case it chivvys up the first lot into enforcement of the original judgment.

[morgan054]

Re: Morgan V Cabot

Hi Morgan, God only knows how I missed your post (and eveyrone else also managed to it seems - maybe you posted in invisible ink ) Will have a read back see what's what. xxxx Sharon xxxx

Hi Sharon, I'm used to getting missed lol, but Thanks