Cabot Claim Form - DISCONTINUED !!!

[The Debt Star]

Re: Cabot Claim Form

well done mate.
gives me confidence with my egg dispute.
did they ever reg a default at the CRAs and if so are they going to remove it now?

[Angry Cat]

Re: Cabot Claim Form

Could it be that Citi are attempting to wipe the slate clean, prior to its sale?

Banks do not like bad publicity, especially in relation to mis-sold PPI!

[Spamheed]

Re: Cabot Claim Form

I think they had their hand smacked in response to their habit of rejecting everyones initial claim and only dealing with those who persisted.

I would like an opinion on how it would affect their claim other than the obvious one re the amount of their claim, it would effectively wipe out half the value of their £5000+ claim


I would also be grateful with a direction order for the original agreement to be produced in court, as well as the NOA, default, termination notice and an unredacted DOA

[Spamheed]

Re: Cabot Claim Form

well thats my allocation questionnaire and draft directions hand delivered to the courts, now it is down to them.

Is it likely that the courts would refuse to implement draft directions to replead and produce documentation in support of the claim given the vagueness of the original POC

[Spamheed]

Re: Cabot Claim Form

Have received Allocation Questionnaire from Morgan, they have asked for a 1 month stay for settlement, whilst I havent, they have stated Small claims for a claim of over £5k and I have said fast track, they have stated expected costs of £5000

I have also requested directions for them to reissue their claim and provide documentation,

which track will normally be assigned, the claimants or the defendants given the claim is for over £5k?

[Spamheed]

Re: Cabot Claim Form

So on returning home this evening I found lying on my doormat an order from my local court for Cabot/Morgan to disclose.

They have been given four weeks instead of the two I requested and they have also been ordered to serve an amended POC by the end of Oct

[Amethyst]

Re: Cabot Claim Form

Thats good news Have they allocated you to fast track ?

[Angry Cat]

Re: Cabot Claim Form

Caution re: crapbot and costs!

Exceptions to the Small Claims Costs Rules

Where the parties consented to a claim being allocated to the small claims track, although its financial value exceeded £5000, the rules on costs are different. The judge will be able to make the same order for costs as if the claim had been dealt with on the fast track (broadly speaking this covers claims with a financial value of between £5000 and £15,000). While these costs are still limited they are substantially more than could be awarded on the small claims track.

[Spamheed]

Re: Cabot Claim Form

Ame
Track will be allocated when they have complied with the directions and I have submitted my defence.

AC
I was under the impression that as the amount of the claim is greater than the £5k limit, then they could only go small claims with my consent and it would appear that they have already expressed their intention to take the peace re costs (£5k estimate) if they have the chance

then I would be foolish to agree to go Small Claims and leave myself open to such costs - am I right?

[Amethyst]

Re: Cabot Claim Form

You want fast track for standard disclosure really. Should be wary of costs in either track. They want small claims because they think the case is a simple fact in law that you owe them the money, you think its more complicated so should rightly be in fast track.

Be careful either way. At least in small claims it would be limited to some extent, you lose that protection in fast track....though if they make you look vexatious in small claims by needlessly arguing (lol) you can lose the protection anyway.

[Angry Cat]

Re: Cabot Claim Form

You want fast track for standard disclosure really. Should be wary of costs in either track. They want small claims because they think the case is a simple fact in law that you owe them the money, you think its more complicated so should rightly be in fast track.

Be careful either way. At least in small claims it would be limited to some extent, you lose that protection in fast track....though if they make you look vexatious in small claims by needlessly arguing (lol) you can lose the protection anyway.

Fast track will be the normal track for any claim which does not come within the small claims track and which has a financial value of not more than £15,000, provided that the trial is likely to take no more than one day. When allocating a case to fast track, the court will give directions for the management of the case and set a time table for the steps to be taken between the giving of directions and the trial. When giving directions the court will also either fix the trial date or a period (not exceeding three weeks) within which the trial will take place. The standard period between the giving of directions and the trial will be not more than 30 weeks. The amount of costs recoverable in fast track cases is strictly limited. For example, the maximum basic trial costs that may be awarded is £750 for cases where the value of the claim exceeds £10,000, plus an additional £250 if the court considers it necessary for a party's legal representative to be present in addition to an advocate.

[Amethyst]

Re: Cabot Claim Form

The theory sounds so much better than the practice doesn't it.

[Angry Cat]

Re: Cabot Claim Form

Just an after thought, but why did you not request disclosure of the PPI documentation?
http://www.guardian.co.uk/money/2008...pi-creditcards

http://www.fsa.gov.uk/register/firmD...1697&sid=78903
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The theory sounds so much better than the practice doesn't it.

Always, caution A...

[Spamheed]

Re: Cabot Claim Form

Just an after thought, but why did you not request disclosure of the PPI documentation?
http://www.guardian.co.uk/money/2008...pi-creditcards

http://www.fsa.gov.uk/register/firmD...1697&sid=78903
------------------------------- merged -------------------------------


Always, caution A...

Because Egg have already agreed to settle over it, so effectively have conceded the PPI shouldn't have been there.

once paid out, IMO this means the amount of credit is incorrect, the APR is now incorrect, the amount of loan is now incorrect.
------------------------------- merged -------------------------------

Because Egg have already agreed to settle over it, so effectively have conceded the PPI shouldn't have been there.

once paid out, IMO this means the amount of credit is incorrect, the APR is now incorrect, the amount of loan is now incorrect.

Although the order does stipulate disclosure "copies of the credit agreement referred to in the POC and any documents referred to within it which complies with the consumer credit act 1974 and all subsequent regu8lations which the claimant seeks to rely on"

The T&C accompanying the "agreement" referes to the PPI T&C

So I would expect disclosure of this and would obviously bring such a failure to disclose to the attention of the courts

[Amethyst]

Re: Cabot Claim Form

Amount of Credit, APR and amount of loan were correct at the point of signing the agreement whether found to later be missold or not. Not sure how the APR would have changed unless your PPI was obligatory and therefore seen as a charge for credit tbh. If thats where your heading, else as I think I mentioned earlier, its just a case of them (or you) putting in that the claim is now £X less due to a refund of PPI - ie. they claimed, you complained and defended, you both agreed on the PPI bits so the outstanding claim is that amount less. (unless they sent you a cheque and you didnt use it to reduce the loan in which case its the same).