Hi guys, advice needed please on the following as I have just come off the phone (I know now why you say not to call them) with Cabots regarding an outstanding amount. Originally debt was with Credit card, which was then sold to Cabot, back in 2011 Morgan Solictors took over an took me to court upon assignment The amount at that time was £6500 I attended court (local) and agreed to make payments monthly. The paperwork stated and I checked at the time no interest was to be applied and none stipulated on paperwork. I duly made payments without fail until last year when I asked Cabots for a statement. On that statement the amount outstanding was effectively the same amount due from the outset - nothing had been taken off despite never missing a payment. To be honest - at that point I stopped my payments. Letters have been sent and I have ignored them until recently when I decided that I would offer a settlement to get these off my back. I offered £0.30 in the pound against what was outstanding and they refused. I was under the impression that this was industry standard - am I wrong on this? Are there other options?

Many thanks for your help - it is appreciated.

Hi, Some time ago RBS took myself and my wife to court in regards to various loan and current accounts we held with them. They suddenly closed our banking with them almost overnight after I successfully managed to reclaim charges levied against us. Up until then they had been receiving our salaries regulary into the current accounts - no default on any loans and overdrafts were small. After a really acrimonious battle with Shoosmiths - they managed to obtain a Charging Order against our family home - which meant were we to move - they would get a share of the proceed to satisfy the debt down. The debt was registered on my credit file and I began to work on paying off as much as I could on some of our joint debts. The majority of funds were paid through my wife's parachute bank account as she had managed to get one - and we paid a nominal amount into this. Even through one redundancy (me) and a job change - we were able to still pay without missing any payments. Fast forward 6 years and finally the entries have been removed from both of our files. We are able to breathe and live again! - we still pay the monthly amount but recently I have been getting letters from Shoosmiths directed to me to say that I need to send personal financial information - with a proposal to pay my accounts off - I have no issues with this - to date we have paid enough to clear the sizable joint account that we held - and I want to pay off the other accounts - but to be honest, I have had my fill with RBS/Shoosmiths - and the wringer we went through - so - yes, I don't want to converse with them in any shape or medium, they got their judgement, they have their Charging order, I am paying what I can to clear it down. Recently they resorted to contacting me by phone - to ask why I was not responding to them - I told them my reasons - they did confirm that the joint account was now clear. My question is that if I start paying my accounts off in my name - are they able to re-enter on my file a default once I start paying those? - Is there a double jeaporady? Shoosmiths were not forthcoming with the information, they said they would contact the client and get in writing (my request) this confirmation. I still await this. I don't trust them - never will - but I have not and have no intention of not paying the debt off - nearly 8 years later I still pay them something each month. Any thoughts would be appreciated.

Thank you all for your kind thoughts Regards Flyboy80

Hi Guys, After attending today - got a set aside on the judgement. As there was a side aside and no judgement Charging Order dropped. Also agreed no charges, with a reduction on the original figure - paid by way of Tomlin Order to an amount that I am agreeable with. All this agreed before we went in to see DJ. He was happy to make them produce the NoA , their solicitor admitted that it would be highly unlikely that they would be able to produce the original as records were stored centrally. To be fair to him, he was reasonable and appeared to listen to my thoughts. Thank you all very much for your help support and input. It's really nice to have guys like Shadow, Cymruambyth,PT - Site team, in your corner, my donation en route as this site has helped me and countless others.

Is Phoenix Recoveries vs D Kotecha - Court of Appeals applicable here?

Hi Guys, What is the "definition" of prescribed terms, on the application form ? Kind Regards Flyboy80

Can they do this and add more ?

Hi Guys, today received costs bill from Solictors an amazing £700 plus... for attendance at court etc.... am I being royally screwed here ?

Hi Alan, I do not recall getting a copy of the terms of the agreement.

OK as this all kicks off on Monday - time for me is essential. To clarify, I did not recieve NoA from Cabot, and I think that I will request at least sight of this as it contains financial information regarding myself. I will need to know it particulars as by way of charges the figures would be incorrect. The default notice would need to be issued - again I would need to see sight of this. They were originally SAR I believe in 08 - within the bundle they sent me they show a copy of my letter plus payment via postal order. They took nearly three months to send statements (copies ) to me and a copy of application form. On another note - is the acceptable or should they be using the actual credit agreement? Because all that is included is my application form?

In regards to my defence, firstly they will have to prove that they own the debt. They have provided no paperwork in regards to this. Should this not be legal condition, after all they must establish that this was transferred to them and they can show how / when? There is are outstanding issues in regards to charges etc on the account which have been disputed so the overall figure is not correct. There has been not issue of default and have not sent a default notice - is this not regulated under the consumer act? If this is a regulated agreement - do they not have to issue a termination notice? What about the original agreement - this was in 2004 - has the consumer act changed since then, is this now subject to different procedures and laws? Also are they allowed to obtain a charging order against this agreement? Your thoughts appreciated

Hi Site team, Can anyone advise on this ?

Hi Guys, Today I received from Morgan's the following documents :- 1) Copy of Consumer Credit Act Agreement dated 04 2) Bundle of statements of account 3) Copy of my original letter requesting clarification of POC that was compose with help from the site team members 4) Copy particulars of claim 5) Copy of letter sent this week a) There is no notice of assignment in the pack b) There is no default notice c) There is no termination notice So what are my chances ? - I terms of my defence should I point these glaringly obvious missing docs out now? Kind Regards Flyboy80

Hi Guys, Have sent of a CPR 14 request for paperwork and sent copy to the court - by recorded - do I apply for more time to get documents - and review to enter my defence or are they supposed to request more time to send to me? Any help welcome

Hi Guys, I received paperwork from Local Court for hearing. This is in 7 days - can I still request paperwork from Solicitor, to use in the hearing or do I need to attend to request more time for this to be actioned? Kind Regards

Hi Guys, A quick update, I sent my form to Set Aside to court dealing with the case, and phoned them in regards to transferring to my local court. I received a General Form of Judgment or Order back stating the following :- It is ordered that Upon the claim having been electronically transferred to the bulk charging order unit of XXX Court at the claimants request for the purpose of issuing an application for a charging order, but no application having yet been received and Upon reading the response to the transfer notice, It is ordered that :- 1) This case be electronically transferred to the defendants home court 2) Any applications to be issued at that court. Does this mean that I have to contact my "local" court again for a Set Aside ? Are Cabot allowed to go for a Charging Order so soon? Is my set aside no longer valid ? Any input would be appreciated . Many thanks

Hi Guys, Sent off the required forms - just received notification that this has now been transferred to different court - miles away from me. How do I get the proceeding transferred to a court near me?

No it appears that I did not Shadow, I have myself to blame, and this to anyone reading should be indication as to complete on time and not take your eye off the ball - no excuses, I have made things harder for myself. Anyway enough self pity moment is now over.... let's redress the situation...

Can't really understand this one - got home today to find a judgement awaiting me in favour of Solicitors plus interest. I sent the papers off last week when I got back from working away. No wonder I had no response..... gutted ...really gutted.... it appears that I was too late in responding to the courts. Is there anything that I can do now?

Hi Shadow, I did put a date in, and time is as they say "up" ! - I understood that when I acknowledged the claim it gave me further time to enter my defence. I need to apply for a strikeout, if I follow what you are saying as I do not want to give them time to apply for anything. Can N244 be completed online ? Regards

Still no word from them, can someone advise my next move? Many thanks

Hi Guys, As yet I have not received anything back from the Claimants. Do I have to wait for them to respond, or do I need to contact the court to let them know what correspondence has been sent, and that I have not received a reply?

As always PT2537, you ride to the rescue again, thank you very much for your input. My thoughts on the POC were initially along the same lines as there was not sufficient information regarding the claim to suggest how or why the debt came into being. The POC facts were simple statements that on the face of it could be made up by anyone. I was looking into the Notice of Assignment, and the correct procedures it should be issued - whether Absolute Assignment would have been necessary to disclose, which incidently has not been received. I will send an amended version to them to see if the cages are rattled !

Many thanks for your responses. I will look to send for details that they are going to be relying on .... let's see what they have !!