Cabot/Morgan

[kelsyrose]

Re: Cabot/Morgan

Tuttsi,

Thanks for your input . I just thought of a figure and doubled it!
We will wait for more info from Kafka, and the forum.

kelsyrose

[WendyB]

Re: Cabot/Morgan

As Tuttsi has said, this needs further input before sending the letter. As Kafka has said, you need quantifiaible figures regarding time spent on phonecalls, research etc, i.e xxx amount of hours @ £9.25 per hour, and proven, evidence of the damage to health etc. This may be very difficult to prove that deterioration in health is directly attributable to Cabot, so perhaps it might be as well not to actually ask for a figure as such for this, but see what they offer and then negotiate from there? Finally, I think you need to cut out some of the more emotional parts and keep it perhaps more businesslike and professional. I understand that this has no doubt blighted your lives but Cabot won't care about that one way or the other, in those terms. They will only look at cold hard facts, the emotive stuff will just go straight over their heads. If they called your bluff, can you really afford a prestigious law firm?

Kafka and others will no doubt be along later.Is Lugger about? He has a lot of experience of dealing with Cabot too.

[kelsyrose]

Re: Cabot/Morgan

Wendy B, thank you very much for a much needed input. We got carried away
after almost a year of being down. Suddenly to find that Cabot is backing off
led to a release of emotional tensions.

We are looking forward to hearing from Kafka, and other members who have
dealings with cabot and the like.

kelsyrose

[TUTTSI]

Re: Cabot/Morgan

Hi Kelsey

I have just sent a PM to Curlyben to come and look and advise on your thread.

Regards
Tuttsi

[kelsyrose]

Re: Cabot/Morgan

Tuttsi,
Any help is very much appreciated,thanks,
kelsyrose

[Curlyben]

Re: Cabot/Morgan

Sorry to be a PITA, but what with two kids and a bit of a hangover, I'm not really up for decent advise.
That being said Cabot obviously realise they are on to a serious looser and are willing to pull out.
Regarding their offer to cease action, was it marked Without Prejudice ??

Also what exactly are you hoping to achieve with all of this ??

[TUTTSI]

Re: Cabot/Morgan

Hi Kelsey,

I have just had a thought there is such thing as a wasted cost order, but the crux of this is that you will have to itemise as Kafka has already asked you to do and work out how many hours that have been spent in total including researching, and as Wendy has already said £9.25per hour is the norm for this to reclaim. You can also include printer ink, postage, paper and telephone costs etc, your time in preparing all of this is paramount to your claim for compensation.

So once you have itemised all of your wasted time cost plus postage etc.... you can respond to Cabot and advise that you want them to agree to your out of pocket expenses of £ xxxx otherwise you will be seeking a wasted cost order from the court.

I hope that this helps

Tuttsi

[Kafka]

Re: Cabot/Morgan

kelsy

I can only reaffirm what Tuttisi has said here.

If you itemise all of the following:

• Time diarised for all research, correspondence etc.
• Consumables (ink, paper , phone calls etc)
• Any actual costs such as applying for setaside, lost earnings etc.

Lets see what these can stack up to first. I have a feeling that if Cabot are retreating here, a judge is more likely to nod these items through without the normal scrutiny, but everything needs to be carefully thought through and set out. Its best to split the items up this way so that if there are issues with one the others can stand alone.

For damages to health we can give a figure, but to be honest, this is very hard to quantify in the way that a court expects, so we will just have to pitch it at the best figure we think that you could reasonably argue for on the day. I think in this case a judge might find it easier to grant a very generous claim for costs than a generous claim for damages to health. I suggest we try both, but without losing sight of the potential difficulties of the health one

[kelsyrose]

Re: Cabot/Morgan

Curlyben,
Thanks for your posting. The letter from Cabot/Morgan outlining their proposal to agree with our application for set aside and proceedings against us be dismissed, was not marked without prejudice.

We would hope to at least get back some costs - to get even would be wonderful!

kelsyrose
------------------------------- merged -------------------------------
Tuttsi,

We are in the process of working out an itemised costs and expenses.
The research alone took a lot of time, as we are not para-eagles and we
have struggled with all these legal stuff.

Thank you.

kelsyrose
------------------------------- merged -------------------------------
Kafka,

Here's what we have done :

Research, All procedures & documents
80 hrs @ £9.00/hr ................................. £720.00

Constructing letters & various correspondence
40 hrs @ £9.00/hr ................................ 360.00

Typing - 20 hrs @ £9.00/hr .............................. 180.00

Postage, travelling ........................................... 40.00

Court fee .................................................. ......... 40.00

Total £1,340.00

Any idea on figure for other damages, ie. health and stress?

Thank you.

kelsyrose

[WendyB]

Re: Cabot/Morgan

that will be difficult to put a figure on, and they will no doubt try to pay as little as possible becuase they also know how difficult it would be for you to prove. In my recnet "altercation" with Natwest I pointed out the stress, possible financial disadvantage etc and all they gave me was a measly £100. I have pointed out to them that this is not enough but am not holding my breath. Although the mention of it cosying them £400 if I take it to FOS may make them reconsider lol. However your case is much stronger in that they have actually instigated nefarious court proceedings so you are in a stronger position. Maybe a suitably worded paragraph in your letter "inviting" them to offer a suitable satisfactory figure?

[Kafka]

Re: Cabot/Morgan

Kelsy

This is shaping up much better already.

Can you try to itemise specific issues caused by their behaviour such as the following?

• Loss of sleep
• Physical knock-on effects
• Loss of social/family life
• Telephone harassment making it so that you would not always answer the phone

These sort of things with clearer examples make the stress much easier to explain and to understand and should also give better guidance on what might make a demand that can withstand scrutiny by a judge as it is carefully articulated.

[TUTTSI]

Re: Cabot/Morgan

Tuttsi,

We are in the process of working out an itemised costs and expenses.
The research alone took a lot of time, as we are not para-eagles and we
have struggled with all these legal stuff.

Thank you.

kelsyrose
------------------------------- merged -------------------------------
Kafka,

Here's what we have done :

Research, All procedures & documents
80 hrs @ £9.00/hr ................................. £720.00 @£9.25 =£740.00

Constructing letters & various correspondence
40 hrs @ £9.00/hr ................................ 360.00 @ £9.25 = £370.00

Typing - 20 hrs @ £9.00/hr .............................. 180.00 @ £9.25 = £185.00

Postage, travelling ........................................... 40.00

Court fee .................................................. ......... 40.00

Total £1,340.00 Total = £1375.00

Any idea on figure for other damages, ie. health and stress?

Thank you.

kelsyrose[/quote]

Hi Kelsey

£9.25 per hour is definately the accepted figure for costs see section 6.12.3 http://www.jsboard.co.uk/publications/pdfs/6_costs.pdf

I know it has not increased it by much but you may as well receive back your all of your losses.

I have been giving some thought to other damages and it is my opion only, that you would be best keeping the figure within the small claims track, if for instance you decided on a larger sum and it went to court and you lost you could well be in for paying all their legal costs and this could be quite substantial. You would I feel need to find a no win no fee solicitor to deal with this on your behalf or you are going to have to do a lot of research into awards for this type of claim. Although I for one would hope you could get them to agree a suitable payout avoiding any court action is taken against them.

Tuttsi

[WendyB]

Re: Cabot/Morgan

And if the letter is worded correctly then hopefully it will have them running scared, if they know you have every intention of letting the judge read it should the need arise, they will be more likely to play nicely. They need to know that you are not just going to roll over and give in.
------------------------------- merged -------------------------------
Right then Kelsey, things are shaping up nicely now. This is my suggestion:-

Post up the exact letter, in full, which you received from Cabot. You can scan in and attach the scanned copy by "going advanced" when posting a reply on your thread. Then you can tailor your reply specifically to their letter. Have a go at your reply, and post it on here so we can make any suggestions and get it just right before you send it.

[kelsyrose]

Re: Cabot/Morgan

Wendy,
Thank you. We will be drafting a letter sometime today.
kelsyrose

[kelsyrose]

Re: Cabot/Morgan

Wendy,

Please see below exact text/format of the letter I received from
Cabot/Morgan. Apologies we are unable to do scanning as we are
lacking OCR software in our computer to link with our scanner.

Kelsyrose

Complete Address

Tel No
Email -

Morgan Solicitors

Our Ref : xxxxx/xxxx/xx
Your Ref:
22 December 2009

Mrs xxxxx xxxxxx xxxxx
xxxx complete address

Dear Madam

Cabot Financial (UK) Limited -v- Mrs xxxxx xxxxxx xxxxx
Claim Number : xXxxxxxx

We write with regard to your Application to set aside the Judgment that was
entered against you in favour of the Claimant on 29th June 2009.

The Claimant has reviewed the evidence that you had provided in support of
your application, and in a purely commercial basis, the Claimant would be
willing to consent to your application. The Claimant proposes that judgment
be set aside and proceedings against you be dismissed. This proposal is made
on the basis that each party is responsible for the payment of their own costs.

We note that this is set down for a hearing on the 6th of January 2009. We
shall be sending a copy of this letter to the court for their perusal.

We look forward to hearing from you with confirmation of your agreement
with our proposal shortly.

Yours faithfully,

(Sgd) Morgan Solicitors