Cabot/Morgan solicitors

[DistressedLady]

Hi

Need advice please.

I have received a court order for 10th October from Morgan solicitors on behalf of Cabot and have put a charging order on my property. My mother is the proprieter and worried they will/have sent her the same letter. This has nothing to do with her and really do not want her to know.

I am happy to pay them back instalments, but do not want to go to court as the court they want me to attend is Kings Lynn Court in Norfolk.

Very worried and distressed, please help

:-(

[Nibbler]

Re: Cabot/Morgan solicitors

Is Kings Lynn your local court?

If not, then get it transferred to the one nearest to you.

See National Debtline England Wales | Debt Advice | Factsheet 15 Charging Orders In The County Court

[DistressedLady]

Re: Cabot/Morgan solicitors

No it's not. Is there a way of not going to court?

[Nibbler]

Re: Cabot/Morgan solicitors

Get it transferred to your local court then.

Info on how to do so is in the previous link.

[WendyB]

Re: Cabot/Morgan solicitors

Have they already got a charging order.or is this going to court because they are seeking a charging order? What has happened prior to this, and what is the debt for?

We would need a lot more info/background in order to be able to advise properly

[DistressedLady]

Re: Cabot/Morgan solicitors

I first received a court order from Northampton Court , I agreed to pay in installments and missed the first payment, I then received a letter informing me this has been moved to Kings Lynn Court, a month later another letter from Morgan solicitors asking me to contact them to arrange payment, I was away from home for a couple of weeks so did not receive this letter. I then received an application for a final charging order on my property.

Before I received this order I sent a cheque to Morgan Solicitors via recorded delivery

Should I contact Solicitors or court to request they refrain from sending letter to my mum? Not sure what to do, could someone help?

[Nibbler]

Re: Cabot/Morgan solicitors

You need to contact the court to get the hearing moved to your own local county court.

[DistressedLady]

Re: Cabot/Morgan solicitors

I have requested for my hearing to be transferred to my local court. Just awaiting to hear back now. They have also sent the same letters to my mother, who is now panicking. Will she need to do anything?
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Also does anyone know if there's anyway of not going to court at all. Can it be done via letters/e-mails

Thanks all

[teaboy2]

Re: Cabot/Morgan solicitors

I have requested for my hearing to be transferred to my local court. Just awaiting to hear back now. They have also sent the same letters to my mother, who is now panicking. Will she need to do anything?
------------------------------- merged -------------------------------
Also does anyone know if there's anyway of not going to court at all. Can it be done via letters/e-mails

Thanks all

They have sent copies of the letters addressed to your mother about your personal situation?

Can you clarify who owns the property? Because if its your mum that owns the property then unless she was a guarantor to the credit agreement that this debt comes from, then they should not be contacting her at all and doing so is a breach of the data protection act.

But seriously you need to clarufy the situation of the ownership of the property and you called it your property but said your mother was the proprietor (therefore owner)?

As for stopping this going to court, there is no way it will be stopped now that they have issued the claim and its been forwarded to track with a application made for charging order to your property - Though if the debt is in your name and the property does not belong to you then they can not put a charging order on it, if they did and so long as your mother was not a guarantor to the debt, then your mother could sue them.

[DistressedLady]

Re: Cabot/Morgan solicitors

Thanks teaboy2. Yes they sent the same letters to my mother and the property is under my name, She is only a gaurantor (Sorry for the confusion). Funny thing is, she called Morgan solicitors to find out what was going on and they told her it had nothing to do with her, she even asked to speak to a manager who took about an hour to get to the phone and informed her again it had nothing to do with her. So they have made her panic and stress for no reason at all.

Is there anything I can about this?

[teaboy2]

Re: Cabot/Morgan solicitors

As your mother is the gaurantor then it is your mother that is liable for the debt if you fail to keep up payments.

I can not see how they can go after your property when your mother is the gaurantor to the debt. In otherwords it is your mother they should be chasing payment from and taking to court and her property that they should be getting a charging order on as by being a gaurantor she is responsible for paying your debt if you fail or can no longer keep up repayments.

So yes legally it has more to do with your mother than it does with yourself and it should be your mother that should be taken to court due to her being the gaurantor and not yourselve being taken to court.

Can you provide us with more detailed background of the debt, what it is and how much and why you failed to keep up repayments etc

[DistressedLady]

Re: Cabot/Morgan solicitors

But why then when she called Morgan Solicitors, they informed her it had nothing to do with her?

She basically lent me a large deposit for my property, and our greement is when I sell the property I give her back the deposit plus a precentage of the equity. The property is under my name.

I think this debt was sold to Cabot by Egg. I failed to make payments as I was going through a rough patch and my debts had built up and was too scared to contact them, I have only recently been receiving letters from Morgan Solicitors. I know this is my fault, I just didn't want my mother involved. I don't have a copy of my original contract and and don't ever recall receiving a default notice. Should I be asking for these?

Not sure what I can do now so that they do not put a charge on my property.

[Gorang]

Re: Cabot/Morgan solicitors

Hi Distressedlady

From reading your thread I don't think that we are seeing the full picture here as I am only presuming that this is for a loan but am not sure as you say Egg was original creditor

to give us a clearer picture of what has happened and when, and in order for you to get accutrate advice can you put togeter a timeline of what has happened and when, from the date you took out the Credit card or loan to present day please

in an easy to read format like

xx/xx/xxxx Took out this with them
xx/xx/xxxx This is when mother got inlolved
xx/xx/xxxx This is when I fell behind in payments
xx/xx/xxxx They sent me this
xx/xx/xxxx I sent them this
xx/xx/xxxx They sent me/mother that
xx/xx/xxxx I/mother sent that
xx/xx/xxxx Recieved N1CPC from xx court/ bulk centre
xx/xx/xxxx Did this about claim
etc etc

You get the idea, this is so we can all get the full picture easily and quickly in order to give you accurate advice

[teaboy2]

Re: Cabot/Morgan solicitors

I agree with gorang above - We need more precise break down of events and whether it was a loan or a credit card, as now you mentioned egg i can not see how your mother was a guarantor on an egg credit card (assuming it is a credit card not a loan). Though egg do give out loans aswell.

As for no Default Notice, well we need to ascertain everything above first, as gorang mentioned, before we can say anything for certain. Though generally no default notice would make their claim unenforcable in court. But we need to know if it has actually ever been to court yet or if they are just threatening you and misled you about the charging order being placed on your house.

So please give us a simple break down of events as Gorang suggested and details of the debt i.e. Egg loan, Egg Credit card, date it was taken out, date you made last payment and how much was the loan for or the how much was the credit limit and how much is outstanding now.

One way to check to see if a charging order has been put on your house is to check with the land registry, also they would have sent you a letter informing you a charging order had been put on your house too, if that was the case.

[Caspar]

Re: Cabot/Morgan solicitors

Also as a word of consolation, a Charging Order is not necessarily the end of the world. It is a way of turning the unsecured loan (or loan secured by your mother) into a secured loan under your name. I would have thought this preferable for you in your situation. It would also serve to stop things going to your mother.

However, if this is the case, whether or not they are allowed take a loan where your mother is the guarantor and transfer it totally to you, when technically they should be pursuing your mum is another matter entirely.