Cabot Financial - advice sought please

[LuggerBugs]

Re: Cabot Financial - advice sought please

Sounds like you will have no problems there, unless you get a miserable old fart of a judge.

If anybody asks, "Do you owe the money", the answer you need to remember is, "That is not what we are here to decide."

[100mel]

Re: Cabot Financial - advice sought please

As an update issued Part 18 Request to Cabot to provide the D of A - original and True copy of Default Notice. Their response has been to resend all the garbage that they sent in the first place plus some utterly ridiculous letter as to why they should not be providing this information plus statement of costs

So not sure where we are going except to get the court to order them to produce this - judge asked them to at the last hearing

If anyone wants to look at this letter I'll scan and put it up

Grateful for any advice as to where to go with this lot

[100mel]

Re: Cabot Financial - advice sought please

I am posting further from the letter in the hope that someone can give me some guidance specifically as to the reasons why they will/cannot supply a copy of the default notice

I'm updating this as could do with some advice. Having issued Part 18 request to Cabot for full D of A and copy of Default Notice Cabot have answered this with a letter plus once again another set of copies of everything they have sent before

In the matter of the request for a Default Notice they say

"You say at Paragraph 1.2. that you request a true copy of the Default Notice purportedly issued on 23rd September 2004 in the prescribed format in accordance with Section 88 of the CCA. The Claimant objects to your request for a copy of a Default Notice in this matter as neither the Claimant nor the Assignor is or was required to issue a Default Notice to you

In a limited number of circumstances a Claimant is required by virtue of Section 87 (1) of the CCA to serve a copy of a Default Notice prior to the issue of proceedings

The Claimant submits that neither the respective Assignors nor the Claimant was required to send a Default Notice to the Defendant prior to the issue of proceedings in this matter. It is submitted that the Assignor or Claimant would only be required to send such a Notice under Section 87 (1) of the CCA if the Claimant wished to

a) terminate the agreement
b) demand earlier repayment of any sum
c)recover possession of any goods or land
d)treat any right converred on the debtor or hirer by the agreement as terminated, restricted or deferred or
e)enforce any security

Goode: Consumer Credit Law and Practice - issue 27 discusses the need for the service of a a Default...............

As the claimant does not wish to take any of the actions listed in section 87 neither the Claimant nor the Assignor was required to send a Default Notice under that Section or at all

Thje Default Date of 23rd September 2004 relates to the date at which the relationship between you and the original creditor were deemed to have broken down and relates to the date that a Default entry was marked on your Credit File. The default date is not indicative of a "Default Notice" having been issued. They are separate and distinct. Hence the Claimant or Assignor was required to isse a Default Notice to you and on that basis the Claimant objects to providing a copy of a Default Notice to you because

a) that the request is unnnecessary,irrlevant or improper and
b)that the claimant is unable to provicde a copy of the document requested "



ANY LEGAL ADVICE GRATEFULLY RECEIVED AS WANTING TO GET THE COURT TO ISSUE AN ORDER FOR THESE DOCUMENTS TO BE PROVIDED

Views on above very gratefully and urgently received

[LuggerBugs]

Re: Cabot Financial - advice sought please

I'm confused as to how the OC could default you without having given you a chance to remedy your breach. Which is, after all, the purpose of a default notice.

Hmm. I think I have some reading to catch up on.

[100mel]

Re: Cabot Financial - advice sought please

There is also the rest of the letter explaining why they don't have to produce D of A if anyone is interested after the judge asked them to do so at the last hearing

They have of course continued to process data in terms of a default notice even though they don't feel the need to produce one

Going to court to get judge to order them to produce D of A

[100mel]

Re: Cabot Financial - advice sought please

I am posting the full letter from Morgans/Cabot in response to Part 18 request recommended by judge to produce full D of A and also for copy of Default Notice

This is their response

Any thoughts and ideas gratefully received

Now having to go to court for order to get them to produce

At the moment they have issued claim against me without any proof that they even own it

Somebody may be in same situation - I don't know

Any ideas welcome

[Curlyben]

Re: Cabot Financial - advice sought please

So let me get this straight.
Cabot have filed action against you for a sum of money ?
Would this be the outstanding balance ??

Sorry, it's monday.
------------------------------- merged -------------------------------
Am I being thick here but s87(1)b clearly states the early repayment of ANY SUM.
They then go on to say that this action is only for the arrears.
What utter Bovine Excrement.


also

(1) The default notice must be in the prescribed form and specify—
(a) the nature of the alleged breach;
(b) if the breach is capable of remedy, what action is required to remedy it
and the date before which that action is to be taken;

WTFing planet are these twunts on.
Talking about twisting what is actually written.

Basically without a default notice you have no idea what the arrears are and what needs to be done to remedy the possible breach of the agreement.

Have you forwarded a copy of this to the court ??

[100mel]

Re: Cabot Financial - advice sought please

Yes court are being given a copy of this when I submit application for an order for the Deed of Assignment and the Default Notice tomorrow - in our last court appearance the judge told Cabot that they needed to produce Deed of A and to us that we should make application for it which we did and this was the response

At the moment they have issued a claim on an agreement which they have yet to produce any proof that they actually have rights to

[Curlyben]

Re: Cabot Financial - advice sought please

The claim is for the whole outstanding amount or, as they say, simply the arrears ?
Or are they trying to really confuse and claim that the entire amount IS the arrears as per s98 ??!?!?!

In which case there MUST of been termination of the agreement AND a default notice, compliant with s87, etc served before action commenced.

[100mel]

Re: Cabot Financial - advice sought please

And with regards to the "agreement" all that has been submitted is an illegible card request form but my signature is on plus a copy of generic terms and conditions without any signatures as as separate document - according to Sainsburys in a Subject Access Request they do not need to provide a signed agreement................

[Curlyben]

Re: Cabot Financial - advice sought please

SO why are you pi$$ing about on the DoA and Default.
Go for a simple s127(3) with back up from Wilson Vs everyone else !!!!!

[100mel]

Re: Cabot Financial - advice sought please

Can you enlighten me on s127(3) please

thanks

[Curlyben]

Re: Cabot Financial - advice sought please

Dude you REALLY need to read CCA 1974, URGENTLY !!!!!

(3) The court shall not make an enforcement order under section 65(1) if section
61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1))
itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

Basically lacking prescribed terms means NO court enforcement !!!!!!!!!!!

[100mel]

Re: Cabot Financial - advice sought please

Thanks for this - unfortunately I am not legally trained. Likely to be in court on Friday with them and trying to prepare my argument.

[100mel]

Re: Cabot Financial - advice sought please

Cabot have now admitted in a telephone conversation that the assignment letter allegedly from Sainsburys was in fact produced by them and that they have the right to do this................comments please

They also admit that they don't have the default notice

Going for court order tomorrow and also open ing up a counter claim - just wondered if anyone can point me to any cases where people have gone for damages with no default notice

All advice gratefully received

Mel