Cabot/Morgan Solicitors-Court Action (ex Goldfish account)

[DonkeyB]

I think you can only use 31.14 to ask for things mentioned in the PoC. The DN was not mentioned - hence my point. Get reading the other Cabot threads on here to get you up to speed. Getting the next step right is important. May have to resort to CPR18 to request further info.

 

Put a post on the other Cabot threads asking people to look in here, and provide a link. There's plenty of people with experience of Cabot, and they will assist.

[DonkeyB]

Hi Barns-maybe a good idea to merge your thread so it gives the background info.

 

Where's the other thread?

[MARTIN3030]

3 threads merged-and re-titled.

[DonkeyB]

Thanks Martin. Can I suggest the OP changes the thread title to include the word 'Cabot'? We will get much more input then.

[MARTIN3030]

yes I just did it.

[MARTIN3030]

Cabot are becoming particularly slimy in their operations at the moment. They are wriggling like eels to claim they do not have the burdens of agreements, only the rights. We need to stop them in their tracks with this totally invalid (IMHO) tactic.

 

 

We are seeing this from many of the others too.

In fact it is not new-CitiCards were trying this on as far back as 2 years ago.

[DonkeyB]

Thanks again Martin, The whole thread makes much more sense now. I'm sure the Cabot Fan Club will all be on board soon to add their excellent input.

[barns66]

3 threads merged-and re-titled.

 

Thank you Martin for merging the threads.

 

barns66

[barns66]

Thanks again Martin, The whole thread makes much more sense now. I'm sure the Cabot Fan Club will all be on board soon to add their excellent input.

 

Thank you DonkeyB for your very kind help in this thread.

 

barns66

[cymruambyth]

Hi try to look at these 2 threads as you may gain some useful information.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

[barns66]

Hi cymruambyth thank you for the links i will read through.

 

 

barns66

[barns66]

Hi i have looked through my paper work and all i can find regarding default notices is this one.

 

http://i169.photobucket.com/albums/u230/barns66/default2.jpg[/img]

 

barns66

[creditcardmug]

Hi, your in a good position here, stick to your guns, dont let them win

You must acknowledge service, as the previous poster has said, make sure you put you intend to defend ALL of the claim

 

What is the date on the front of the claim? Is the claim more than 5k?

[DonkeyB]

A default Notice! Excellent! Did you comply?

 

If not, you are entitled to assume they terminated the account. If the account has been terminated, then I can't see any way Cabot can claim only the arrears - there aren't any.

[creditcardmug]

Hi again just checked, i think you need to file a defence by 21st june, send it special delivery to the court, do not send a copy to the claimant

 

The DN is flawed so another one to you

[barns66]

A default Notice! Excellent! Did you comply?

 

If not, you are entitled to assume they terminated the account. If the account has been terminated, then I can't see any way Cabot can claim only the arrears - there aren't any.

 

Hi am sure i did not comply.I will check see if i have a statment for that time.

 

barns66

[barns66]

Hi, your in a good position here, stick to your guns, dont let them win

You must acknowledge service, as the previous poster has said, make sure you put you intend to defend ALL of the claim

 

What is the date on the front of the claim? Is the claim more than 5k?

 

Hi credit thank you for your imput,i received the claim yesterday 14th and i acknowledged it today,the claim is dated 9th June.It is for more than 5k.Will it be worth sending the cpr request to Morgans,i have it printed out.

 

barns66

Edited June 15, 2010 by barns66
adding

[creditcardmug]

Yes send them a cpr request

Is it less than 10k?

[barns66]

Yes send them a cpr request

Is it less than 10k?

 

Hi Credit

It is for over 10k now with all the late fees and and interest that Cabot have been adding.

 

barns66

[barns66]

A default Notice! Excellent! Did you comply?

 

If not, you are entitled to assume they terminated the account. If the account has been terminated, then I can't see any way Cabot can claim only the arrears - there aren't any.

 

Hi DonkeyB

I have checked the statements that Cabot sent me and i could not have complied as i have over limit fees and late fees on statements after that.I have just noticed that after the default notice was sent,although it says Goldfish Classic at the top of the statements sent after that it refers to Mogan Stanley card details,i know they took over Goldfish,i never had Mogan Stanley card.

 

barns66

[DonkeyB]

Cabot's current trick is to claim they are only seeking payment of arrears, as mentioned earlier. A terminated account has no arrears. It is terminated.

 

Let's see what they try next...

[barns66]

Cabot's current trick is to claim they are only seeking payment of arrears, as mentioned earlier. A terminated account has no arrears. It is terminated.

 

Let's see what they try next...

 

I will send a cpr request and see what they come back with.

 

barns66

[barns66]

Hi i have just sent the CPR 31.14 request to Morgans,what date do i have to file a defence for.Do i wait to hear from Morgans,what would i have to put in my defence.

 

 

barns66

[barns66]

Hi

Do i understand correctly that i have 33 days from the date on the claim form of the 9th June to acknowledge the claim and submit a defence,this making it the 11th July to submit a defence,is that correct.If i do not receive anything back from Morgan,could anyone help me in what i should be putting in my defence.

 

 

barns66

[DonkeyB]

That's pretty much it, but we always encourage you to file a defence in good time so they can't try for summary judgment.

 

Really need to wait on a response from then before we go further, I'm afraid.