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Re: Help Appreciated With Cabot
Sorry if this is a bit of a long post but there have been some developments with the Cabot case and I could really use an opinion.
Having sent the previous letter to the courts I heard nothing. On 6th April I sent CPR31.14 requests to Cabot & Morgans and filed my AQ.
Next I received a copy of Cabot’s AQ – they have asked for a one month stay as well. Although they aren’t supposed to fill in reasons if they answer ‘yes’ they have and it states they are asking for the stay because they are ‘in the process of supplying defendant with advance disclosure’.
They have also admitted that pre-action protocol wasn’t followed since:
‘There was no debt recovery protocol’ and ‘Letter before action and documentation being sent or has already been sent to the defendant’. I have yet to receive the LBA but I have had a letter and a copy of it can be found here.
I have been going through the letter and the paperwork and there are some glaringly obvious inconsistencies.
They still insist the ‘reply card’ is the credit agreement – I know it isn’t and I’m not going into that with them again.
The terms and conditions cannot be relevant because the print date on them is after I signed the application form.
The statements are incomplete (I have asked for a full set). There is nothing before January 2003 showing how the alleged balance was arrived at. There is a big gap between the last statement and the date they say they purchased the debt.
They claim they were unaware of a refund of charges meaning the amount in the Particulars of Claim are incorrect – also the account number in the POC does not match the account number on the statements.
The Notice of Assignment also states the incorrect amount and the name/signature on it is different from an earlier Notice of Assignment. They claim they were unaware of the refund of charges, but Monument must have been aware so why would the original NOA (allegedly from Monument) state the wrong amount?
They have also sent a Deed of Assignment but this is nothing more than a large contract with a few pages at the back where amounts etc. are missing. The DOA does not refer to me or the alleged account number anywhere within it.
Also what is all the rubbish about Section 87(1) and my CPR requests being ‘disproportionate’?
I wrote to the court on 28th March with a Draft Order for Directions. I have now received, in response to this letter, a form N244 and a letter which says the District Judge has directed that an application is required. I am not sure how to proceed now in the light of all the other rubbish from Cabot and the Solicitors.
Any advice greatly appreciated.
Sorry if this is a bit of a long post but there have been some developments with the Cabot case and I could really use an opinion.
Having sent the previous letter to the courts I heard nothing. On 6th April I sent CPR31.14 requests to Cabot & Morgans and filed my AQ.
Next I received a copy of Cabot’s AQ – they have asked for a one month stay as well. Although they aren’t supposed to fill in reasons if they answer ‘yes’ they have and it states they are asking for the stay because they are ‘in the process of supplying defendant with advance disclosure’.
They have also admitted that pre-action protocol wasn’t followed since:
‘There was no debt recovery protocol’ and ‘Letter before action and documentation being sent or has already been sent to the defendant’. I have yet to receive the LBA but I have had a letter and a copy of it can be found here.
I have been going through the letter and the paperwork and there are some glaringly obvious inconsistencies.
They still insist the ‘reply card’ is the credit agreement – I know it isn’t and I’m not going into that with them again.
The terms and conditions cannot be relevant because the print date on them is after I signed the application form.
The statements are incomplete (I have asked for a full set). There is nothing before January 2003 showing how the alleged balance was arrived at. There is a big gap between the last statement and the date they say they purchased the debt.
They claim they were unaware of a refund of charges meaning the amount in the Particulars of Claim are incorrect – also the account number in the POC does not match the account number on the statements.
The Notice of Assignment also states the incorrect amount and the name/signature on it is different from an earlier Notice of Assignment. They claim they were unaware of the refund of charges, but Monument must have been aware so why would the original NOA (allegedly from Monument) state the wrong amount?
They have also sent a Deed of Assignment but this is nothing more than a large contract with a few pages at the back where amounts etc. are missing. The DOA does not refer to me or the alleged account number anywhere within it.
Also what is all the rubbish about Section 87(1) and my CPR requests being ‘disproportionate’?
I wrote to the court on 28th March with a Draft Order for Directions. I have now received, in response to this letter, a form N244 and a letter which says the District Judge has directed that an application is required. I am not sure how to proceed now in the light of all the other rubbish from Cabot and the Solicitors.
Any advice greatly appreciated.
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