Cabot/Morgan

[Kafka]

Re: Cabot/Morgan

Well done you.

I will need to look through the whole thread to get the full picture and can't do this now as I'm about to go out for a rare visit to the pub (sad I know :violin

I will go though later tonight unless Ben or anyone else picks it up.

[Kafka]

Re: Cabot/Morgan

hi Everyone,

Just been back from County Court. Good news - the Northampton Court
judgment has been set outside. Likewise, the interim order on our home
has been discharged.

We were not awarded any costs. The judge requested that we submit a
proper legal defense prior to the new hearing date yet to be decided,
with a warning that we could lose if it goes to trial. But an unsatisfactory
judgment for Cabot when he slated their latest submission as evidence.
It contained nothing more than blanked out pages supposedly emanating
from the original creditor, and in fact was generated by Cabot's International
Office.

We could do with some advice now on how to proceed, and provide the
court with the necessary defence claim.

Thanks.

Kelseyrose

Having gone through the thread, you have a very powerful case here against this claim. I don't understand 3 things.

1. Why did the court not award costs, when the claimant supported the setaside and therefore admitted that its case was flawed?
2. If the judgment has been set aside, why is the court talking about a new hearing date? You won because their case collapsed and they admitted that they could not sustain it. What were the grounds given by the court why there should be another hearing?
3. Finally, what were the reasons why it was said that you might lose a new hearing?

[WendyB]

Re: Cabot/Morgan

Having gone through the thread, you have a very powerful case here against this claim. I don't understand 3 things.

1. If the judgment has been set aside, why is the court talking about a new hearing date? You won because their case collapsed and they admitted that they could not sustain it. What were the grounds given by the court why there should be another hearing?

Kafka I'm really glad you asked this, I thought exactly the same thing! Then I thought perhaps it was just me and I was having a bit of a dim moment, so to speak....

Presumably the judgement/findings/whatever will be sent out in a letter? Maybe thatwill make things clearer?

[Kafka]

Re: Cabot/Morgan

Something doesn't make sense here, which is why I spent some time framing the questions that should help to reveal the reasons.

The judgment won't necessarily provide the full background here and may take some time to come. This is why we need the full background from what was said at the hearing.

[kelsyrose]

Re: Cabot/Morgan

Hi Guys,

Thanks for all your previous inputs that helped us through our problems with Cabot. At the last minute, Cabot submitted a bundle of irrelevant/jumbled documents, computer-generated & blanked out datas. Some of which were supposedly from Halifax, but on close investigation , were in fact generated by Vendors Queries - of Cabot Financial. The judge was very displeased at this input from Cabot and the time involved reading and going through it. The court got theirs on the 17th, we got our copy on the 19th Friday afternoon. The hearing
was scheduled for Monday 22nd. Cabot withdrew their previous offer in that document and contested al our claims.

The judge requested that we submit a formal legal defense, and he will allow only 15 minutes for that at the next hearing. Meantime he added that when referring to the merits of my claim, kept referring to them as 'tribal' - he suggested that we consult legal minds when we submit our defense.

Further information may be cleared when we receive official copy of his summary and judgment. We will keep you posted. He was running late - and desperate
to finish the proceedingsthere and then.

Many thanks.

Kelseyrose

[Kafka]

Re: Cabot/Morgan

Just be clear here.
Are you saying that the judgment was set aside, but that the court has requested another hearing based upon the new evidence submitted by Cabot, even though the evidence was last-minute and rubbish?

[kelsyrose]

Re: Cabot/Morgan

Hi Kafka,

No. Not based on that at all. The judge asked us to submit a formal defense in legal manner/format. We have 4 weeks to submit the defense to the original claim and he will allow 15 minutes to decide. He was really angry at Cabot's submissions, those bundle of documents which were irrelevant. There was
nothing there from the original creditor to support their claims.

The judge would have had strong words with the Cabot's counsel when we left the court because she was asked to stay behind.

What does 'tribal' signify. He repeatedly mentioned this when referring to my
submissions.

Thank you.

Kelseyrose

[WendyB]

Re: Cabot/Morgan

I'm still a bit lost here. When did he set what judgement aside? Was it aformal set aside? And what about the discharging of the interim order on the house? Where did that fit into it? What did the Judge say about this and on what grounds did he dismiss it? Sorry but I'm a bit confused.

[kelsyrose]

Re: Cabot/Morgan

Hello Everyone,

Just received today paperworks from County Court:

"It is ordered that -

1. Judgment is set aside;
2. The Defendant is to file and serve a fully particularised Defence by 4:00pm
on 19 March 2010.
3. The case be listed for a Directions Hearing on Monday 12th day of April 2010
at 11:00am at XXX County Court - address XXX XXXX.
Time estimate 15 minutes.
4. Costs in the case.
5. The Interim Charging Order be and is hereby discharged. "

Also attached is a Certificate of Satisfaction or Cancellation of Judgment Debt,
duly sealed.

Can anyone explain to us what we need to do to comply with this order of particularised defence?

Any comment or input will be appreciated.

Many thanks.

Kelseyrose