VOLVO v CABOT (Bank One) Help needed, Court Claim received **DISCONTINUED**

[volvo]

OK, Thanks Cerub and Ida

 

Much appreciated, waiting game it is.

 

VOLVO

[veryweary]

Just as an aside, you should report Cabot to the OFT for sending you that misleading Pre Litigation letter (in post 40), which says if you don't respond one of the following will occur, - , bailiffs, charging order, attachment of earnings will occur.

 

Because NONE of that can happen until Cabot have taken you to court, and won a County Court Judgement. and usually only then if you don't keep up the court judgement repayment schedule.

 

This is Cabot attempting to scare you into submission because they know as Ida pointed out in a letter they sent , ' the origiinal agreement may not be available' . They don't have the original agreement to produce in a court case, only a scanned copy of an unenforceable application form without any prescribed terms.

 

Their letters are always full of misleading legal speak. I've seen a CAbot letter posted on this forum which stated 'there is no obligation to provide a true and complete copy of a credit agreement if there is no longer a true and complete copy in existence!!!!!!!! Load of b****cks, and typical of Cabot.

 

With Cabot it's not clear who they choose to attempt to take to court, so it's a waiting game. Instead of the court papers you expect, the next letter you receive might be another generic introduction letter, as your file is put back into the normal collection loop again.

 

Report them to the OFT, and TS , as only large amounts of compaints registered against Cabot will eventually have any effect on these cowboys.

[volvo]

Hi all

 

Received this today from Morgan Solicitors (Cabot) regarding this debt which was originally a credit card from Bank One Intl who passed it to Intrum who passed it back and then Halifax took over who then sold the account to Cabot.

 

 

Various people including PT2537 advised me that the agreement was unenforceable due to lack of prescribed terms(taken out Nov 1998 and i have also been advised that the default notice was invalid due to no ACTUAL date being stated to rectify any default.

 

All of this has been advised to Cabot who insist that the application form supplied is enforceable despite no prescribed terms, being poor quality to read and no copy of the original terms and conditions stated to be overleaf on the application form. What Cabot did supply was Halifax t&c from 03/08 who were not even the original creditor,also the defective default notice.

 

Any ideas on how i should respond to Morgans.

 

Is my original CCA request dated May 2007 via Intrum still in default if they have not supplied the original terms and conditions.

 

VOLVO

Edited December 22, 2009 by volvo
omitted attachment

[volvo]

Unsure about the pre action protocols bit requiring a reply from me

[citizenB]

Unsure about the pre action protocols bit requiring a reply from me

 

It doesnt, this is just Cabot being their usual pompous selves.

 

There should be something in the following links that will help you.

 

Read all of the first link

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/236641-oft-lenders-must-not.html

 

 

and from about post 556 in the following one.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/216538-claim-stayed-due-unenforceable-56.html#post2649617

 

HTH

[volvo]

Thanks Citizen B

 

Will read and try to digest

 

VOLVO

[volvo]

hi all

 

have now read through cerubs links but still unsure on what and how to reply to Morgans solicitors and Cabot.

 

Any thoughts of a proper response to them much appreciated, such as a template type letter etc.,

 

Getting worried now!!!!!

 

Happy Christmas to all CAG'rs

 

VOLVO

[volvo]

are you around PT

 

Value your guidance

 

Thanks

 

VOLVO

[volvo]

UPDATE

 

Today 3rd March 2010 received this summons dated 25th Feb 2010 from Cabot regarding Bank One credit card and also including an amount for a barclaycard credit card account, which i have listed as a seperate topic.

 

Any help on how to respond please

[volvo]

Hi all

 

Received today 3rd march 2010 this summons from cabot dated 25th feb 2010 combining bank one and a barclaycard account both for application forms without prescribed terms etc.

 

Any advice on how to proceed and respond.

 

 

Many Thanks

 

VOLVO

[maroondevo52]

Thread moved to Legal Issues.

[volvo]

bump

[cerberusalert]

Retitled

[volvo]

Can someone knowlegable advise what is required now, received court claim yesterday from northampton, havent acknowledged or done anything yet.

 

VOLVO

[IdaInFife]

Hiya,

 

I am not aquainted with the english legal system so until someone else comes along,

 

you need to start reading threads to aquaint yourself with the process

 

this is a good one to start

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

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html

 

also look for similar threads:

 

Legal Issues - The Consumer Forums

DCA Legal Successes - The Consumer Forums

[citizenB]

Can someone knowlegable advise what is required now, received court claim yesterday from northampton, havent acknowledged or done anything yet.

 

VOLVO

 

Ok, well you need to be aware of the timetable attached to this.

 

Issue date 25th Febraury 2010 5 days for delivery/receipt 2nd March 2010.

 

You will need to acknowledge your intentions using the online password that would have come with the Claim form by at the latest 16th March. I would do it now so that is out of the way and you have time to dedicate to your defence which needs to be submitted at the very latest 30th March 2010.

[citizenB]

You need information and you need it fast so you will need to send a CPR request (CPR18) I think.

 

But first a few questions.

 

The POCs claim is :

 

The Claimaint is the Assignee of a Debt(s) from

Bank of Scotland

Halifax Card Reference

Barclaycard

Credit Card Reference

 

Notice of Assignment having been given to the Defendant in writing.

Despite demand for Payment, 8170 remains due.

 

The claimant claims 8460 and interest under s69 County Courts Act 1984 and costs.

 

 

Ok, it looks as though they are merging two claims against you:

 

Do you have the Notice of Assignments for both accounts and can we see copies.

 

Do you have Default notices for both accounts and can we see copies.

 

I notice you have already posted a copy of a Default notice from a company called Bank One dated 2000. But from further postings I see you continued to pay up until 2007 ! In which case, I am pretty certain that you should have received a further copy of a Default Notice as you would have rectified the original breach.

 

You need to see statements for each account, from inception, in order to establish if the monies they clam is correct and contain no unlawful charges or costs which they arent entitled to claim.

 

Also, they are claiming s69 interest which they arent entitled to.. tsk, tsk. You will be popping the paragraph below into your defence.

 

Furthermore, the Claimant fails to plead that this claim concerns an agreement regulated by the Consumer Credit Act, 1974. However, the Claimant claims interest pursuant to section 69 of the County Courts Act, 1984 which the Claimant should surely know they are not entitled to by virtue of the County Courts (interest on Judgment Debts) Order, 1991 (SI 1991 No. 1184 (L. 12)) in particular section 2(3)(a), which clearly prohibits such an award:

 

· The general rule

 

2(3) interest shall not be payable under this Order where the relevant judgment - (a) is given in proceedings to recover money due under an agreement regulated by the Consumer Credit Act 1974;

 

The OP in the following thread is being taken to court in the same fashion by Cabot

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/240618-cabot-court-papers-served-4.html

 

If you can answer the questions above and/or pop up the docs for us to see please.

[citizenB]

Also, it will be worth your reading the following thread by pt2537

 

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

 

HTH

[volvo]

Hi and thanks for helping CitizenB

 

Yes you are quite right, Cabot have merged two different accounts into the one northampton claim.

 

One is for a Barclaycard credit card(on a different message thread) which was taken out 15/6/1995 and was passed to wescot 15/5/2000 and then returned by them to BCard on 02/1/2008 and then sold to Cabot 19/10/2009.

 

The other account is for Bank One International Ltd credit card taken out 30/11/1998, Apparently Bank One where then taken over by HalifaxBOS who sold the account to Cabot 1/07/2008. (This thread)

 

I have tried acknowledging the claim online since last night and today but keep getting locked out saying Claim number and password do not match.

Bit ambigious where it could be a number 0 or capital letter O but have tried all sorts of variations but it wont accept any, so have filled out the paper acknowledgement copy stating to defend all and will post by special delivery on monday for delivery on tuesday 9th march 2010 to court at northampton.

 

Yes i have got default notices for both accounts and assignment/welcome letters.

 

What documents/information do i need to ask for with the CPR request to be sent to Morgan Solicitors.

 

Thanks

 

VOLVO

Edited March 6, 2010 by volvo
type error

[volvo]

CitizenB

 

I am now going to scan up the default notices and docs as you requested for you to look at.

 

VOLVO

[volvo]

Here are the Barclaycard credit card default notices and welcome letters etc as requested. (will post the Bank One notices soon)

 

 

 

 

 

 

 

 

 

 

VOLVO

Edited March 6, 2010 by citizenB
popped some spacing between documents

[citizenB]

Hi and thanks for helping CitizenB

 

Yes you are quite right, Cabot have merged two different accounts into the one northampton claim.

 

One is for a Barclaycard credit card(on a different message thread) which was taken out 15/6/1995 and was passed to wescot 15/5/2000 and then returned by them to BCard on 02/1/2008 and then sold to Cabot 19/10/2009.

 

The other account is for Bank One International Ltd credit card taken out 30/11/2008, Apparently Bank One where then taken over by HalifaxBOS who sold the account to Cabot 1/07/2008. (This thread)

 

I have tried acknowledging the claim online since last night and today but keep getting locked out saying Claim number and password do not match.

Bit ambigious where it could be a number 0 or capital letter O but have tried all sorts of variations but it wont accept any, so have filled out the paper acknowledgement copy stating to defend all and will post by special delivery on monday for delivery on tuesday 9th march 2010 to court at northampton.

 

Yes i have got default notices for both accounts and assignment/welcome letters.

 

What documents/information do i need to ask for with the CPR request to be sent to Morgan Solicitors.

 

Thanks

 

VOLVO

 

Hi Volvo, ugh, sorry to hear you are having problems with the Court website. Might be worth having a word with them on Monday if you can. They are usually pretty helpful and they may be able to help. If you are sending anything to them by post, do please check a couple of days later that it has been received.. regardless of what the Royal Mail Web site says !.

 

Also keep a copy of the page you are sending to them, along with the receipt from the post office.

 

Right. I will ask a couple of DN experts to pop in but these are my observations:

 

1: The DN has been issued by Mercers who are as they claim "agents" of B/Card. I am of the understanding that it is the Creditor who has to issue these.

 

2: They say in one paragraph that you need to remedy the breach within 25 days and then in another say that you are to send payment BEFORE 24th February 2000. This is contradictory. The DN is dated 10th February so that is less than the 25 days they advised in the previous paragraph.

 

3: This DN was issued when only 7 days were given to remedy the breach.

 

As regards to the Assignment. There appears to be something "not quite right" with the B/Card headed paper, I will ask someone who has recently discovered an issue with assignments on B/Card headed paper.

 

I am also not sure if they can merge two entirely different accounts onto one claim. I will bend the ear of another CAGer on that for you.

 

Please confirm the Bank One account was opened in 2008 ?

[volvo]

Hi CitizenB

 

Thanks very much for your help so far.

 

The Bank One credit card was applied for on 30/11/1998, sorry a typing error, have amended the post now.

 

Please find the Bank One default notices etc as promised.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Do you know how and what i need to do about issuing a CPR request? unsure what to quote and what to ask for

 

Many Thanks

VOLVO

Edited March 6, 2010 by citizenB
spaces between docs.

[citizenB]

Deafault notice.. you have left your account number on.. Do you want to remove it ?

[DonkeyB]

Subbing