Here is the link for the full page in their "Trial Bundle" Now I have just noticed that there seems to be two claims. But ALL my docs etc have only the one claim number . Anybody any Ideas?

Hi -both, Just had a look at their P.O.C. which came yesterday in their "Trial Bundle". It's on an A4 photocopied sheet., just typed out. can't seem to see a court claim form, next one is my acknowledgement of service. Typed out is; Particulars of Claim The Claimant is part of the Cabot Financial Group and has purchased the debt(s) scheduled below. Despite requests for payment the Defendant has failed to pay the sum of £2670. in relationto the Defendant's Monument Credit Card account number (They have put a totally wrong a/c number here) And the Claimant claims the sum of £2670.together with interest under s69 of the County Courts Act 1984; and costs. Just a thought; can they claim interest if the account is closed.?

B.B yeah tell me about it. Couple of weeks ago long way off, get it all sorted...NO PROB's. And NOW.... why does your brain refuse to accept anymore information Glad to hear your on your crusade again. I know you weren't too sure after your last performance.... All experiance is good I suppose. My D.N. only needed 7 days. (pre Oct 2006), so I think they are O.K. with that. S.F.

Patrickq1 Hiya thanks for your reply. Asked for Assignment since 1st req CPR 4th Sept last year Sent letter "chasing" CPR req, Oct Morgans sent, 1 App form, (the "agreement") 2, 6 or so statements, and some T&C's hardly legible but not "matched up with anything on the front of the application form. They promised that as Deed of Assignment had to come from archive storage and may take a week. To date....still NOWT A.Q's asked for "the Doc's".... Agreement , D.N. and the N.O.A. Court Order for "The doc's" = the original Documents to be brought to court... AND that should be shown to me via their intended use at court, by no less than 14 days before hearing. Hearing on Friday, they sent 'em yesterday. 1 Application Form. 2 Some statements. T&C's not from my original as they say late payment fees are £12. But on my statements from the start of the card they have charged me £24, a pop. AND the notice of assignment is,, a " copy representation of what was created and sent the 3rd October 2006". According to the handwritten header at the top of the page.....

Bill. Am still reading your first link, Now i know where they are coming from. No I havn't had an arrears statement..(will read your reg's link shortly..) These are the D.N. Term' notice they now don't want to bother with. Pains me to say, I think they are GOOD. (pre Oct 2006 ) 7 day's even with the two Bank Holidays, Easter Fri'Mon. http://www.consumeractiongroup.co.uk/forum/show-post/post-2578870.html http://www.consumeractiongroup.co.uk/forum/show-post/post-2578878.html http://www.consumeractiongroup.co.uk/forum/show-post/post-2578878.html Someone else has suggested that they can only claim the arrears. (£150) Hope its right. their bill for costs has shook me. Thanks Bill S.F.

Thank's Bill. Just going to read it now, I hope it does help, I have just opened the mail and have a statement of costs from Morgans Including £485 for their "senior" litigation officer to attend it comes to over £1500. I thought you paid your own costs.. I also think its a "Frightener". s.f.

Hiya BILL. Just trying to look up your s86. If I accepted the reninciation.... would that be a good thing Sorry to appear obtuse BUT. as the hearing is on Friday. I seem to be getting panicky. I think I will be O.K. when I have my defence "track" sorted. Thanks so far S.F.

The 3 Letters that came for the D.N. are..... Post's 88-90 (in this thread) http://www.consumeractiongroup.co.uk/forum/show-post/post-2578870.html http://www.consumeractiongroup.co.uk/forum/show-post/post-2578878.html http://www.consumeractiongroup.co.uk/forum/show-post/post-2578886.html Now with it being closed, MUST Cabrot show/have the D.N. in order to pursue? All HELP gratefully received at This Late Stage. S.F.

Since September last year I have CPR'd Morgans (for Cabot). they have only sent short application form for the Agreement, only accompanied by a few statements. I asked for the D.N. they said" they are not obligued to send one NOR was the original Creditor obligued to issue one , as they are only after the arrears. Now they have sent their "trial bundle", yesterday, (hearing is on Friday). After my A.Q's asked for this info, order was made for All parties to send to court and each other, anything that they were to rely on. and sent to me a least 14 days before the hearing. AND that the original agreement waas to be brought to court. Now Morgans seem to be totally ignoring the D.N. note which I have the original of. Can they now proceed with this disregard to the D.N. OR can I use this at the hearing, along with Non compliance of the court order. and no agreement. my thread is http://www.consumeractiongroup.co.uk/forum/legal-issues/224697-cabot-morgan-my-monument-2.html#post2553949 Any HELP/Advice asap please....

Don't know. But its funny there is no name of a senior partner etc. Or LLB after anything. To-day, (Tuesday) I have had the "TRIAL BUNDLE", delivered Special D. As the hearing is Friday I think its NAUGHTY, Should I go for it, or ask for Adjournment due to other side not complying with the court order. (re , should have given it to me 14 days before trial)

Now do I still go to court on Friday and explain they have not complied BUT,, in order to" save costs and unecassary court time" I will proceed, (on the no enforcible agreement track).. OR Do I ask for an adjournment? They still have not acknowledged the D.N. or supplied it. OR as they ssaid in October the Deed of Assignment will take a week, that still hasn't shown up. But they have sent a letter, (copy from Monument) saying that it was assigned,to Cabrots. ( Mo nument) fussalot.

This what it was........

Hello, something not working in last post.... Should have been link to photobucket.... Called my bluff I'm afraid, I aint got a clue why its not worked.

Well Well Well. Look what's dropped thro' the letterbox Saturday morning, it's a Witness Statement from Cabrot's sols.. Morgans. The Court Order said, ,"Each party must deliver to every other party and to the court offices copies of all documents on which that party intends to rely on at the hearing, no later than 14 day's before the hearing". As the hearing is on Friday 5th Feb I don't think they have compied...again. In January 2003 the "Witness" states, the defendant entered into a Providian C.C.Agreement.... A copy of the "Agreement", with the prevailing T&C's is exhibited herewith. Only trouble is....Herewith is the application form. T&C's laid out on A4 which don't match up with the T&C's sent by Cabrot from a previous request for my agreement, (I didn't CCA them.,(didn't know about this site then), I just asked in 2008; Also in these T&C's it states under Default charges Late Payment fee £18. Overlimit fee £18. BUT: from the second month of my account starting in 2003, these charges have been £24. each. This is the "AGREEMENT". http://i892.photobucket Not very legible but the usual application.....No T&C, No interest rate etc. fussalot.

Lifes NOT a drag Since we joined CAG

S.B. remember after the last hearing...... you didn't know whether to fight or accept it? Well this just shows you what this site is all about.... " JUSTICE & FAIR PLAY" We are ALL with you..... Sir Fussalot.

cymruambyth Sorry to but in. But, If the D.N. claims a total amount due that includes "unlawfull" overlimit and late payment charges, Does that render the D.N. inacurate therefore, unlawful rescission or termination of the account. sorry but I cant remember "Vint" (the D.N. Expert) or his name to hand. sir fussalot.

cymruambyth Be prepared as said, they know what the D.N. SHOULD be. and they know if there on a sticky wicket. so to gloss over it would be a tactic to get it out of the way. My current case, (Cabrot & Morgans sols), when I pointed out to Morgans about no D.N. they said the same.... Not required, NOR was the O.C, required to send one. YET, on the application form that they say is my "Agreement"; it clearly say's sign only if you want to be bound by the CCA1974. So you must make the IMPORTANT point of the D.N. not being complied with... sir fussalot

SB, FIRST Calm Down. I am in the same boat!.. as its getting nearer all that I have come across and will be using is SLOWLY going out of my head,,,,, So I am writing everything down on bits of paper. I will then arrange into my case... Cabot sent the "Application" form as the agreement, so I have asked for the "ORIGINAL" documents to be disclosed. NOW, in the order it says,"Each party must DELIVER to each other, and the court.. ANY documents that it will rely on at the hearing," etc.. so check if your order does. They cannot turn up and just give you copies of what they are going to argue with.... BUT, should they TRY... then you will have a GOOD case for them NOT to be used due to you not being able to have seen them etc.. or an adjournment, Not only at THEIR expense but it will look goood for you later on. AND if the order did say that, point out that they have NOT complied with a court order.. Sir Fuss

Hiya SB, My case is 14 days away and Im Still waiting for documents The "other side" are hoping to rely on. And Ive let the court know they haven't complied with his 'onners order. by letting me have a look at 'em. Let's go FORWARD To-Gether...... you first..... Good Luck... sir Fussalot.

Sorry for confusion; at the last min' I found this from PT537. so I changed it slightly......... This is what I have handed in to court. Incidentally, they do not give a receipt for letters, unless it contains a cheque, but they stamp the date on it in front of you. If you need a stamp for proof of receipt, then take a copy with you and they will stamp it. For the Attention of the Case manager ZZZ County Court Case No. A.N> ABC DEF (Defendant. Cabot Claimant) Dear Sir. Further to the order made by District Judge XXX sitting at the ZZ County Court on Wednesday 11th JULY 2009. (para 6 on Directions.) I note that the claimant has now failed to submit any documents supporting their case despite being ordered to do so. The claimant has had every opportunity to file such documentation and the size of the organisation, it is not unreasonable for them to have filed such documentation on time at the first opportunity, they have since been given a second chance to file documents by order of District Judge XXX and they appear to have ignored the Honourable Judges orders and have failed to comply as directed. The order was a result of not supplying the said documents when originally requested on 4th- September 2009 re CPR 31.14. The result of this failure is that I am unable to file a fully particularised defence to the claimants claim as directed by the Honourable Judge XXX as without the documentation which the claimant relies upon, I am unable to answer their allegations as set out in their particulars and I am placed at a severe disadvantage, as I am a Litigant in person Therefore, I would request that the Claimant be given a further, say 7 days to submit the documents. Should this order then be ignored, I would ask that the claim be struck out., as per CPR part 3.4, 2 without further order. If this is not acceptable would you please advise me if I would need to apply via a N244 for the claim to be struck out. If this is not acceptable, then please refer this letter and the file to District Judge XXX to highlight Cabot’s non-compliance with the orders dated 1 2009 and for further directions to be issued. I await your advice, Signed……………………………. (Defendant) Date …22nd January 2010…… I hope this is a "proper" responce, as I have now handed it into court.

Well Hungry, are you out of hibernation yet?........ What yer think?...

Here is my letter to the court. I delivered it by hand FTA of the Case Manager sir, regarding the order copy attached, number 6 (highlighted). At this time I have received no correspondence from Cabot whatsoever. As requested in my Allocation Questionaire, Without production of the requested documents, as ordered by District Judge XXX I am at a disadvantage and am unable to serve a proper Defence. Failure of the Claimant to supply the requested documentation will make the case much harder for the court to deal with, as without production of the requested documentation it could inhibit the courts ability to deal with the case. A copy of this letter has been sent to Cabot, (the Claimant) I await your instructions. XXX XXXXX

Now I have phoned the court this morning, ('cause I thought it was due to be heard on the 2nd.) They said that if I hadn't received anything by to-morrow, to send a letter to the court. Fair enough! But as I can't put my defence up until I receive anything off them, should I just wait., Bearing in mind, paragraph 6 of above. I don't want to give the immpression that I haven't complied with anything. I will hand deliver my letter to-morrow.(if I haven't received anything.) What do you think? S.F.

Hiya, SORRY, but, the case is the 5th of the 2nd. Starting to get nervous now:eek: so, they have untill tomorrow to send me something, (hopefully they haven't got.) according to the Order. (full Order is in Post 113) Heres the main bits,, 5) The following paragraphs set out the judges directions for preparation for the hearing. Failure to comply with the directions may result in the case having to be adjourned and the party at fault to pay costs. The Following Directions Apply to This Claim 6) Each Party must deliver to every other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing. 7) The original documents must be bought to the hearing 8) The Judge may refuse to consider a document or take it into account if a copy of it has not been sent to all parties as required by this order