cabot charging order

[Amethyst]

Re: cabot charging order

Well done you Keep us updated, how you getting on with the Witness Statement ? (ie. don't believe a word they say till you have it in writing and still put your papers to the court even if they say they are dropping it, unless you have notification from the court that it has been withdrawn)

[pompeyfaith]

Re: cabot charging order

wow fantastic advice here ame

[gillwall]

Re: cabot charging order

[FONT='Verdana','sans-serif']Hi Ame, how dos this red, there is a coupl of sentence in red i need advice with pleas, then Im redy for Battle.[/FONT]
[FONT='Verdana','sans-serif']Another BIG thank you Gill [/FONT]
[FONT='Verdana','sans-serif'][/FONT]
[FONT='Verdana','sans-serif']Claim No OXE30798
In the Wolverhampton County Court


[/FONT][FONT='Verdana','sans-serif'][/FONT]

[FONT='Verdana','sans-serif'] CABOT CLAIMANT
-AND-
xxxxxxDEFENDANT [/FONT][FONT='Verdana','sans-serif'][/FONT]

[FONT='Verdana','sans-serif'] [/FONT]

[FONT='Verdana','sans-serif']First WITNESS STATEMENT
OF xxxxxxxxx[/FONT][FONT='Verdana','sans-serif'][/FONT]

[FONT='Verdana','sans-serif']
I, xxxxxxxxxxxxxxxx
1.I am the DEFENDANT in this case.



2. I make this Witness Statement in defense of the claimant’s application for a Final Charging Order over my property at xxxxxxxxxxxxx3. In April 2010 the Claimants obtained a judgment for £7,252.75 to be paid by instalments of £47.20 per month. In June 2010 the Claimants applied for redetermination to a forthwith order to allow them to gain permission to apply for a charging order. Their request was denied by District Judge Stanger at a hearing on 10th June 2010.

4. Since this Judgment the Defendant has made monthly payments of £48 without fail. The first payment was made by Debit Card on the 3rd July.

5. In addition to these monthly payments the Defendant also made a payment of £3,704.00 on the 21st October 2010. The Defendant was able to do this due to a refund of Payment Protection Insurance received from Barclays Bank[/FONT][FONT='Verdana','sans-serif']. (Should I explain here that Cabot where informed these payments were due)
[/FONT][FONT='Verdana','sans-serif']
6. A statement from Cabot customer web site details these payments. (Exhibit A)

7. These payments mean there is only £4082.75 remaining to be paid under the Judgment dated xxxx [/FONT][FONT='Verdana','sans-serif']WHICH DATE DO I NEED TO INSERT HERE[/FONT][FONT='Verdana','sans-serif'] ORIGINAL JUDGMENT DATE 7TH OF April 2010 For £7,252.75

8. On November 4th 2010 the Defendant contacted the Claimants to request their agreement to re determine the monthly installment amount from £47.20 to £28 per month as financial circumstances have worsened since the original judgment due to the Defendants husbands inability to work through medical issues, and with consideration of the amount the Defendant has already paid which is a higher amount than the instalments due under the Judgment.

9. The Claimants Solicitors notified the Defendant of their intention to apply for a Charging Order against his property at xxxxxxxxxxxxxxxxin in a letter Dated 4thJanuary 2010 in return for reducing the monthly installments.

10. The Defendant is unwilling to accept this and feels the claimant is unfair in requesting a charging order as the defendant has made the ordered payments proposed on time without fail, and additional lump sums as they have been available, as outlined in paragraphs 4, 5 and 6 of this witness statement.[/FONT]
[FONT='Verdana','sans-serif']11. The Defendant is also deeply concerned regarding the discrepancies of payments made to the Claimants account. Which states payments of £76.00 have been paid, (Exhibit B) although the correct figure is £3,170.00. (Exhibit C)[/FONT]
[FONT='Verdana','sans-serif']12. The Defendant contacted the Claimants solicitors on the10th of January 2010 highlighting such a large discrepancy. The Defendant received a phone call from the Claimants Solicitor the same day stating that this will be correct by the head office in Rugby No apology was given, as I explained this has caused myself and Husband such worry and distress due to their incompetence and also another court hearing, even though the Claimant did not attend previous hearings.[/FONT]
[FONT='Verdana','sans-serif']13 The Defendant suggest that through unforeseen medical issues this debt has developed, although as evidenced in Exhibit A payment have exceeded the payments agreed. Even so, the claimant has instigated two court hearings within a period of five months; the Defendant has also paid for previous court costs.[/FONT]
[FONT='Verdana','sans-serif'] 14. I respectfully draw the court's attention to the case of Mercantile Credit Company v Ellis 1987 in which the judge ruled that a court has to first issue a judgment and that payments made under that judgment must be in arrears before a charging order can be granted.

15. [/FONT][FONT='Verdana','sans-serif']This property is the defendant’s main and only residence and resides there with her partner and two children [/FONT]
[FONT='Verdana','sans-serif']16. The property is in negative equity and the defendant has several other unsecured debts. The defendant feels that by granting the claimant a Charging Order they would gain unfair advantage on the other debtors. The defendant also has other debts secured against the property. This is detailed on the income and expenditure sheet attached (exhibit D).

[/FONT]
[FONT='Verdana','sans-serif']17. The Defendant understands that the time period for repayment of the debt is extended by the redetermination of installments to £28.00 per month and is happy to review this figure with a view to increasing it at 6 monthly intervals as his circumstances and financial position allow.

18. A full current financial breakdown is attached to this statement (exhibit C)

Statement of Truth I believe the facts stated within this Witness Statement to be true and exhibit Exhibits [your initials] comprising of xx pages.

Dated this xxxx day of xxxxxxx 2009
Signed [type name][/FONT][FONT='Verdana','sans-serif']

[/FONT]
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Hi Ame
Just lookeg at my posting , not sure whats happende will have another look.
Gill
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[FONT='Verdana','sans-serif'][/FONT]
[FONT='Verdana','sans-serif'][/FONT]
[FONT='Verdana','sans-serif']Phew thats better.[/FONT]
[FONT='Verdana','sans-serif']Claim No OXE30798
In the Wolverhampton County Court


[/FONT][FONT='Verdana','sans-serif'][/FONT]

[FONT='Verdana','sans-serif'] CABOT CLAIMANT
-AND-
xxxxxxDEFENDANT [/FONT][FONT='Verdana','sans-serif'][/FONT]

[FONT='Verdana','sans-serif'] [/FONT]

[FONT='Verdana','sans-serif']First WITNESS STATEMENT
OF xxxxxxxxx[/FONT][FONT='Verdana','sans-serif'][/FONT]

[FONT='Verdana','sans-serif']
I, xxxxxxxxxxxxxxxx
1.I am the DEFENDANT in this case.



2. I make this Witness Statement in defense of the claimant’s application for a Final Charging Order over my property at xxxxxxxxxxxxx3. In April 2010 the Claimants obtained a judgment for £7,252.75 to be paid by instalments of £47.20 per month. In June 2010 the Claimants applied for redetermination to a forthwith order to allow them to gain permission to apply for a charging order. Their request was denied by District Judge Stanger at a hearing on 10th June 2010.

4. Since this Judgment the Defendant has made monthly payments of £48 without fail. The first payment was made by Debit Card on the 3rd July.

5. In addition to these monthly payments the Defendant also made a payment of £3,704.00 on the 21st October 2010. The Defendant was able to do this due to a refund of Payment Protection Insurance received from Barclays Bank[/FONT][FONT='Verdana','sans-serif']. (Should I explain here that Cabot where informed these payments were due)
[/FONT][FONT='Verdana','sans-serif']
6. A statement from Cabot customer web site details these payments. (Exhibit A)

7. These payments mean there is only £4082.75 remaining to be paid under the Judgment dated xxxx [/FONT][FONT='Verdana','sans-serif']WHICH DATE DO I NEED TO INSERT HERE[/FONT][FONT='Verdana','sans-serif'] ORIGINAL JUDGMENT DATE 7TH OF April 2010 For £7,252.75

8. On November 4th 2010 the Defendant contacted the Claimants to request their agreement to re determine the monthly installment amount from £47.20 to £28 per month as financial circumstances have worsened since the original judgment due to the Defendants husbands inability to work through medical issues, and with consideration of the amount the Defendant has already paid which is a higher amount than the instalments due under the Judgment.

9. The Claimants Solicitors notified the Defendant of their intention to apply for a Charging Order against his property at xxxxxxxxxxxxxxxxin in a letter Dated 4thJanuary 2010 in return for reducing the monthly installments.

10. The Defendant is unwilling to accept this and feels the claimant is unfair in requesting a charging order as the defendant has made the ordered payments proposed on time without fail, and additional lump sums as they have been available, as outlined in paragraphs 4, 5 and 6 of this witness statement.[/FONT]
[FONT='Verdana','sans-serif']11. The Defendant is also deeply concerned regarding the discrepancies of payments made to the Claimants account. Which states payments of £76.00 have been paid, (Exhibit B) although the correct figure is £3,170.00. (Exhibit C)[/FONT]
[FONT='Verdana','sans-serif']12. The Defendant contacted the Claimants solicitors on the10th of January 2010 highlighting such a large discrepancy. The Defendant received a phone call from the Claimants Solicitor the same day stating that this will be correct by the head office in Rugby No apology was given, as I explained this has caused myself and Husband such worry and distress due to their incompetence and also another court hearing, even though the Claimant did not attend previous hearings.[/FONT]
[FONT='Verdana','sans-serif']13 The Defendant suggest that through unforeseen medical issues this debt has developed, although as evidenced in Exhibit A payment have exceeded the payments agreed. Even so, the claimant has instigated two court hearings within a period of five months; the Defendant has also paid for previous court costs.[/FONT]
[FONT='Verdana','sans-serif'] 14. I respectfully draw the court's attention to the case of Mercantile Credit Company v Ellis 1987 in which the judge ruled that a court has to first issue a judgment and that payments made under that judgment must be in arrears before a charging order can be granted.

15. [/FONT][FONT='Verdana','sans-serif']This property is the defendant’s main and only residence and resides there with her partner and two children [/FONT]
[FONT='Verdana','sans-serif']16. The property is in negative equity and the defendant has several other unsecured debts. The defendant feels that by granting the claimant a Charging Order they would gain unfair advantage on the other debtors. The defendant also has other debts secured against the property. This is detailed on the income and expenditure sheet attached (exhibit D).

[/FONT]
[FONT='Verdana','sans-serif']17. The Defendant understands that the time period for repayment of the debt is extended by the redetermination of installments to £28.00 per month and is happy to review this figure with a view to increasing it at 6 monthly intervals as his circumstances and financial position allow.

18. A full current financial breakdown is attached to this statement (exhibit C)

Statement of Truth I believe the facts stated within this Witness Statement to be true and exhibit Exhibits [your initials] comprising of xx pages.

Dated this xxxx day of xxxxxxx 2009
Signed [type name][/FONT][FONT='Verdana','sans-serif']

[/FONT]

[Amethyst]

Re: cabot charging order

Pasting from Word does that, I don;t know why - you can get around it by pasting text into something basic like Notepad before pasting it into a thread. It is readable though and ill have a proper read now and come back.

[Amethyst]

Re: cabot charging order

Paragraph 5- no I don't think it is relevant now.

Para 7 - the date on the general form of judgment or order that ordered the £47 a month.

Think 12 needs a slight reword; ummmm;


12. The Defendant contacted the Claimant' Solicitors on the 10th of January 2010 highlighting the discrepancy in the figures.

13. The Defendant received a return telephone call from the Claimants Solicitor stating that the figures would be corrected by their Head Office in Rugby.

Also add in a para saying what the total should be as I can't see that anyhere,

eg.

14. The Defendant believes the correct sum outstanding on the debt to be £XXXX.XX

Okay whole thing with some edits and a couple questions/comments;


------------------------------------------------------------------------------------


2. I make this Witness Statement in defence of the Claimant’s application for a Final Charging Order over my property at xxxxxxxxxxxxx.

3. In April 2010 the Claimants obtained a judgment for £7,252.75 to be paid by instalments of £47.20 per month.

4. In June 2010 the Claimants applied for redetermination of the judgment to a forthwith order to allow them to gain permission to apply for a charging order. Their request was denied by District Judge Stanger at a hearing on 10th June 2010.

5. Since this Judgment the Defendant has made monthly payments of £48 without fail. The first payment was made by Debit Card on the 3rd July. (on the original order what was the date given for the first payment to be made by ??)

6. In addition to these monthly payments the Defendant also made a payment of £3,704.00 on the 21st October 2010. The Defendant was able to do this due to a refund of Payment Protection Insurance received from Barclays Bank.

7. The Defendant accessed her statement on Cabot customer web site and the statement details these additional payments. (Exhibit A)
8. The Defendant believes the correct sum currently outstanding on the debt to be £4075.16 under the Judgment dated 7th April 2010.

9. The Defendants circumstances have worsened since the original judgment due to her Husband being unable to ork on medical grounds.

10. In consideration of the amount the Defendant had already paid which is a higher amount than the instalments due under the Judgment she contacted the
Claimants on 4th November 2010 to request their agreement to re determine the monthly installment amount from £47.20 to £28 per month.


11. The Claimants Solicitors notified the Defendant of their intention to apply for a Charging Order against her property at xxxxxxxxxxxxxxxxin in a letter Dated 4th January 2010 in return for reducing the monthly installments.

12. The Defendant is unwilling to accept this and feels the claimant is unfair in requesting a charging order. The Defendant has made the ordered payments on time without fail, and additional lump sums as they have been available, as outlined in paragraphs 5 and 6 of this witness statement.

13. The Defendant is also deeply concerned regarding the discrepancies of payments made to the Claimants account. The paperwork entered by the Claimant to the Court states payments of £76.00 have been paid, (Exhibit B) although the correct figure is £3,170.00. (Exhibit C)

14. The Defendant contacted the Claimant' Solicitors on the 10th of January 2010 highlighting the discrepancy in the figures.

15. The Defendant received a return telephone call from the Claimants Solicitor stating that the figures would be corrected by their Head Office in Rugby.


16. I respectfully draw the court's attention to the case of Mercantile Credit Company v Ellis 1987 in which the judge ruled that a court has to first issue a judgment and that payments made under that judgment must be in arrears before a charging order can be granted.

17. This property is the defendant’s main and only residence and resides there with her partner and two children.

18. The property is in negative equity and the Defendant has several other unsecured debts. The defendant feels that by granting the claimant a Charging Order they would gain unfair advantage on the other debtors. The Defendant also has other debts secured against the property. This is detailed on the income and expenditure sheet attached (exhibit D).

19. The Defendant understands that the time period for repayment of the debt is extended by the redetermination of installments to £28.00 per month and is happy to review this figure with a view to increasing it at 6 monthly intervals as his circumstances and financial position allow.

20. A full current financial breakdown is attached to this statement (exhibit D)

Statement of Truth I believe the facts stated within this Witness Statement to be true and exhibit Exhibits [your initials] comprising of xx pages.

[gillwall]

Re: cabot charging order

That reads really well, an even biger thank you than previously, will keep you updated on any developments,
Best wishes
Gill

[gillwall]

Re: cabot charging order

Hi Amythist, Here is an update on todays charging order,
A representative from Morgans turned up, explained why we were at court, yes i know was my answer, I explained that i was oposing the charging order on the grounds of wrong information on the court paper.
He had no idea of what was going on, my witness statment never arrived at morgan or so he said. When in the diistrict judeges room i informed him of the discrepancies on the court papers, but the copy I suppmited to the court could not br found, although i contacted the courts office on monday to ensure all documents where filed, and told yes they are,. Anyway the dudge adjurned the order untill a second copy of my witness statment and evidence reached morgans and the court, then a half an hour hearing will be set and a decision made. Can you belive that morgans solicitor requested that i paid the court charges, to which the judges reply was basically no, we will wait untill the final hearing, I cant belive iv got to go through it all again.
Best wishes

gillwall

[Amethyst]

Re: cabot charging order

Arrghhhhhhhhhhhhhhhhhhhhhhh ! What a pain in the bum when you did everything correctly too! I feel for you, but at least second time around you'll have a better idea of how things work. The County courts really do annoy me with their apparent lack of care with peoples documents. Did you have a copy with you ? Well when you get the new hearing take along 3 copies just in case the clerks mess it up again. Glad the judge denied their costs.

Frustrating for you xx

[gillwall]

Re: cabot charging order

Hi Amethyst
Yes i did take a copy, which the judge read and informed Morgans rep there are quit a few discrepancies which need to be addressed.
He requested i forwardes anther copy of witness statments to the court and morgans within seven days, and gave another three week for the claiments to decide what next. How do you think the district judge will react when he reads that morgans have not acknowledged the £3000.00 plus payment made untillprior to th hearing.

Best wishes
Gill

[Shepherdess]

Re: cabot charging order

Hi Gill,
Just seen this thread and I have to say great advice and well done you on your handling of this so far. You're a force to be reckoned with

Just a thought, and you may already have done it, but to further illustrate your case might it be an idea to tot up for clarity and the judges benefit what you would have paid to date under the original instalment arrangement and what you have actually paid by virtue of your extra payments (which should surely be much more than you would have paid by instalments).

I think your actions have admirably demonstrated your commitment to repaying this debt, whereas Morgans, by comparison, come across as shoddy and incompetent.

The very best of luck with the next hearing,

Shepherdess x

[gillwall]

Re: cabot charging order

Wow thank you
This makes me feel so much better, if I had continued with the agreed payments the amount paid would have been £236.00, where as the amount paid is £3500.00, but can you belive the amount Morgans have documented on the charging order states i have only paid £76.00 in toatal since the CCJ was granted. They are suggesting i have only made one and a half months payment since July.
Yes i have forwarded a statment from Cabots customer website as exhibit A, along with my witness statment, Morgans have also received the sme secound copy.
Once again thank you, i feel more confident in facing the dreaded Cabot/Morgans.
Will keep you posted of further developments.

[gillwall]

Re: cabot charging order

Hi Sheheardss
Thank you for your supportive word, it gives me that bit more onfidence to fight on. I have ighlighted the descrepancies of aprox 3000.00 missing from their calluculation on the court papers, accompanied by a statement of payments dated, which i have obtained from Cabots customer website, this is noteds as exhibit A.
Can you believe that today i have forwared a letter to both morgans and the court (by recorded deliery) asking for the orignal credit agreement, regarding the amount of the original debt, i am not refusing to pay, but need a figure that is correct due to the irregularites on my account.
So here goes
gill :tinysmile_hmm_t2:

[Shepherdess]

Re: cabot charging order

Hi Gill,You are doing really well!
Good idea to send off the CCA Request. Have you also done a Subject Access Request at any stage, for all the data they hold on you?
What were the circumstances of the original CCJ? If there was valid reason have you considered applying to have it set aside? (Maybe the way the PPI was applied on the agreement for instance).
I don't know your full circumstances though....See what Ame thinks...
Shepherdess x

[gillwall]

Re: cabot charging order

Hi Ame and Sheohearess.

Here is an update on the morgans saga, yesterday i received a leter from the court , and basically informing me of the next hearing dated for the 22nd of march.
Today I have received 2 letters from morgans, the first informing the courts they are requesting the charging order to be discharged and a 2nd a letter requesting £i.00t fee for any request under S.77 and S78.

Am i correct in assuming the hearing wont go ahead for the charging order.
What do you suggest my next steps are, if any.
Once again thank you for the help and support i have gained from all on the forum.
Thank you
Gillwall
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Sorry i ment Shepheardess, Ups!