Cabot Claim Form - DISCONTINUED !!!

[Spamheed]

Re: Cabot Claim Form

At the moment they have provided nothing which corresponds in any way with what is listed in the POC, even the numbers on the agreement don't match the one on their NOA, any of their correspondence, or even the one o stated in the POC (Cabot ref)

nothing to support their ownership or assignment claims, other than redacted or "recreated" documents. The NOA allegedly from Egg can be proven as a forgery

nothing to demonstrate how the amount on the claim form has been reached at all

No default nor Termination Notice

The APR is stated on the "agreement" as 7.9% and it is correct when the PPI is included in the calculation however when the PPI amount is removed then the APR would need to be closer to 17% to get the figs as stated. since the PPI was never requested and has since been refunded, I was hoping it was more ammunition

[Amethyst]

Re: Cabot Claim Form

Think you'll have to show me your workings out on the APR issue.

[Spamheed]

Re: Cabot Claim Form

Morgan have responded to the order to disclose with the following:

an amended Particulars of claim for about £200 less which brings it back into the Small Claims track

They have included the same redacted DOA which identifies nothing and nobody
They have included the same copy agreement with the different account number
They have included the same forged egg letter but are now claiming it is a representation
They have included dodgy typed statements of account which do not correspond with the figures from earlier DCAs and were not produced by Egg

They have failed to provide

a copy of a default - they are claiming arrears only apparently and that there was no requirement to send a default - I have the one egg sent - they were ordered to disclose or explain in their witness statement why they didnt have one

a copy of termination notice.

Since this claim was brought Egg have settled the PPI for just under £1200.

Am I correct in thinking that the correct balance outstanding should be

balance (say £4k- minus PPI (say £1050) - minus interest applied (say £300) - minus refunded amount (say £1200) = correct balance? (say £1500)

[Spamheed]

Re: Cabot Claim Form

bump

[Spamheed]

Re: Cabot Claim Form

Morgans were told to either disclose the usual list of documents or in a witness statement explain why they do not have them.

they have simply regurgitated the same cr@p agreement with no linking account number, redacted DOA which links nothing to anything (which I believe is a pre agreement)
their in house account history which proves nothing other than they can spell my name
a statement of account which was not produced by Egg
a NOA allegedly from Egg which was not created by Egg

The absence of any default and /orTermination notice are referred to in their witness statement
I can prove that the dodgy NOA was created by cabot
Egg do not refer to this account by the number they are using
The figures contained within their "statement of account" are a work of fiction
Egg have settled the PPI element on this account and if my math is correct (comment please) have wiped off two thirds of its value - this is not shown on their statement of account

Is there any way to compell the judge to see that they have produced nothing viable by way of evidence? or will I have to defend as it stands

My defence options above and beyond the flaws in their paperwork as I see them are either they are blatantly telling lies about their figures and the origins of this account, there are two accounts, or they have the wrong account entirely

[Spamheed]

Re: Cabot Claim Form

I have egg communications which refer to a different account number than either of the ones they use.

the same communications go some way to ptrove that the cabot "egg" NOA is not of a form or format used by Egg

I have communications from previous DCA Demonstrating that the outsanding balance is not consistent with the figures produced in Cabots "Statement of Account"

I also have a statement of account for a different Egg account demonstrating that the one produced by Cabot is not in a form or format used by Egg

They claim that neither they nor Egg needed to produce a DN or TN as they are only collecting the arrears.

Egg did produce a DN for two months arrears, but those figures would have included PPI and interest on PPI, does this in itself render the DN invalid?

They are also attempting to claim interest

[Spamheed]

Re: Cabot Claim Form

I have til the end of the month to file a defence and I'm really just looking to beef out my defence and shoot down each of their claims with a witness statement.

I know the service of the NoA is open to argument, and opinions differ quite wildly, but I think that offering up the question of why they have unecessarilly created a letter in the guise of the bank when all they needed to do to fulfil the LOP with regard to serving a NoA was send me their famous "welcome" letter, everything else is just smoke and mirrors, designed to mislead.

The "DoA" that they have provided is almost completely redacted however there are one or two minor elements in it which contradict their WS and POC.

Also just been looking a little closer at their "statement of account" and I'm now convinced that it's been simply reverse calculated, starting with the amount they are claiming and simply adding on misc figures until it reaches the initial loan amount

I have a number of letters from both Moorcroft and then more recently Freds demanding the full amount as far back as 2006 (this would be within the actual loan period) and 2008 which differ by at least £500 to £600 (lower) from the ones Cabot show for the same dates on their SoA

Also - despite the fact the amounts paid (at that time) were always the same amount and the interest was pre loaded onto the loan, the balance outstanding not only fluctuates but also actually increases completely out of pattern with the amounts paid.

More recently. in order to avoid producing a DN or TN, Cabot in their witness statement are stating that they are only claiming the arrears and that neither they nor Egg needed to produce a DN or TN.

Question:
if no dn was issued by the OC back in 2006 and the account was then tranferred to chain of DCAs who come chasing one after another insisting that the full amount is due, would this in itself be evidence enough that a DN would have needed to be produced, the agreement has been terminated and that Morgan are blowing smoke? and their Witness Statement is flawed?

or would I need more?

[Spamheed]

Re: Cabot Claim Form

I have also just checked my Credit Report online via Equifax and find that the Entry for an Egg Loan was Defaulted in 2006 by Egg, there is no entry made by Cabot.

I'm waiting for Experian to finish opening my account so I should have a second report also shooting them down, at least as far as an Egg default.

I am assuming that combining the letters from Moorcroft and Freds and also that their is a default on my file pretty much stuffs their case with regard to "we don't need to produce a DN"

or am I being niaive?

[Spamheed]

Re: Cabot Claim Form

Well, at last this one is sorted

Cabot/Morgans discontinued their claim this morning

[Amethyst]

Re: Cabot Claim Form

Phew, that is good news xx Have they given a reason (is it due to the PPI refund burgering the amounts claimed?) or an idea what they are going to be doing next ?

[Spamheed]

Re: Cabot Claim Form

Phew, that is good news xx Have they given a reason (is it due to the PPI refund burgering the amounts claimed?) or an idea what they are going to be doing next ?

In fairness, I had a firm of well known solicitors take on the case, which certainly reduced my stress levels and handled my case perfectly

The defence was partly multiple agreements, lack of assignment and partly misselling of the PPI.

an SAR turned up proof that I'd CCA'd the OC (Cabot claimed I hadn't)
it also turned up a doc which confirmed my misselling claim as being upheld,
obviously a few more bits and bobs

and the clincher - a specific exclusion in the PPI T&C which was basically what I did for a living, so the PP_I could never have paid out in any case

[QCKate]

Re: Cabot Claim Form

Well, at last this one is sorted

Cabot/Morgans discontinued their claim this morning

Thats very good news - well done!!


QCK

[The Debt Star]

Re: Cabot Claim Form

Indeed, well done and thanks for reporting back.

[toomanycalls]

Re: Cabot Claim Form

Nice to see a success story for once, well done.

[militantconsumer]

Re: Cabot Claim Form

Good news.

We just had a success (without using a law firm) on the same agreement as you.

The main differences were 1) we were being sued directly by Egg and 2) the claim was for only the net amount "owed" after they had refunded PPI.

Anybody interested can read a report here:
Militant Consumer's Friend v Egg Loans - WON