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

[volvo]

Hi PT

 

I would say without them having supplied the original Terms and Conditions or Default Notices in response to my CPR31.14 or CPR18 requests to Morgans, or indeed by the Original Creditors either, in response to CCA 1974 Section 77-79 requests, then the answer is NO!! I have not got the required information yet to respond with a defence, Correct??

 

VOLVO

[volvo]

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[pt2537]

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[volvo]

HI Paul

 

 

Re~- ???

 

Just bumping for advice and assistance.

 

Really do not know what is now required.

please help!!

 

Thanks

 

VOLVO

[pt2537]

well,

 

I think personally the application is lacking, that said its now submitted so thats that, it may fail, and the judge who reviews it at Northampton may well reject it or order an hearing to be held

 

If the disclosures are inadequate, then you have arguable grounds for bringing the application, however i must qualify this comment by saying that i do not have the full file of papers in front of me, and a thread could never give sufficient information to give proper advice.

 

So, it is a case of seeing how the matter progresses with the application and then take it from there.

[volvo]

Thanks Paul

 

I guess i will have to wait then and see how the N244 S/O application progresses and wait and see. I take it that Morgans will not be able to claim judgement as no defence would have been submitted if the application is not considered by the court prior to the 28th May which is the deadine for any defence submission.

 

Thanks for your help so far.

 

VOLVO

[appo0712]

Hi

Just wanted to say good luck with the case, I'v been watching with intertest. I am in a simular position with these, my thread is http://www.consumeractiongroup.co.uk/forum/legal-issues/234277-me-cabot-4.html#post2917834

 

All the best

[volvo]

Thanks appo

 

Good luck with yours too..

 

VOLVO

[volvo]

well,

 

I think personally the application is lacking, that said its now submitted so thats that, it may fail, and the judge who reviews it at Northampton may well reject it or order an hearing to be held

 

If the disclosures are inadequate, then you have arguable grounds for bringing the application, however i must qualify this comment by saying that i do not have the full file of papers in front of me, and a thread could never give sufficient information to give proper advice.

 

So, it is a case of seeing how the matter progresses with the application and then take it from there.

 

Update

 

OK, Received a General Directions Order letter from Northampton today dated 10th May 2010 that the Deputy DJ at Northampton has ordered: The application to strike out the claim must be heard on notice to the claimant and the claim be transferred to the Rugby County Court and that any party affected by this order may under Rule 23.10 apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.10 within 7 days of service of this order.

 

Also received attached a Notice of Transfer of Proceedings letter dated 10th May 2010 advising to all parties: As a result of an order made on 2nd May 2010, this claim has been transferred to the Rugby County Court.

 

Rugby court is Morgans local court, mine is in Chester, so there is no way i could travel hundreds of miles to Rugby or indeed afford to.

 

What do i need to do now??? Help.

 

VOLVO

[foolishgirl]

You could try phoning or writing to the court manager at Rugby requesting a transfer stating your reasons for so doing. However if you get no success with the informal route, you will have to submit another application to get a transfer.

[volvo]

Thanks FG for responding.

 

Surely, as the letter was from Northampton, it is Northampton stating i may appy with CPR23.10 to vary their transfer of case to Rugby etc.

 

Wouldnt you agree that the letter should go to Northampton. I have not received anything from Rugby regarding a hearing date yet.

 

VOLVO

[foolishgirl]

Surely, as the letter was from Northampton, it is Northampton stating i may appy with CPR23.10 to vary their transfer of case to Rugby etc.

 

Wouldnt you agree that the letter should go to Northampton. I have not received anything from Rugby regarding a hearing date yet.

 

 

Sorry volvo, thought the case had already been transferred. If it's just a letter of intent from NTH, yes, apply to NTH.

[volvo]

Hi all

 

Letter sent to Northampton requesting DJ Order of 10/5/10 be varied under Rule 23.10, to request changing my N244 Strike Out Application hearing location be transferred from Rugby to Chester County Court, which is my local court, due to my not being able to afford to attend Rugby which is hundreds of miles away, but is Morgan Solicitors home town, and that not being present would disadvantage my Strike Out application.

 

Also reminded the court that Cabot/Morgans have still not supplied Default Notices or Original Terms and Conditions despite my CPR31.14 request in March 2010 despite them replying stating they would forward them to me upon receipt.

 

VOLVO

[manchestman]

Hi Volvo, watching with keen interest and supporting to. Any news yet?

[volvo]

Thamks Manc

 

No, not heard anything from Northampton, Rugby Court or Morgans.

 

A waiting game i think.

 

VOLVO

[volvo]

Following my request under CPR23.10 to Northampton CCBC that my N244 strike out request be transferred from Rugby Court to be heard at my local Chester County Court, I today received a letter from Rugby County Court advising that as a result of an order made on 3rd June 2010 the claim has been transferred to the Chester County Court.

 

Nothing received from Chester CC yet about a date, Will my original N244 request suffice or will I need to submit anything else for this strike out i have requested.

 

Have still not received copies of Default Notices' or original Terms and Conditions as per my original CPR 31.14 and CPR18 requests to Morgans which they received in March 2010 and replied stating they would forward them upon receipt.

 

VOLVO

[Hadituptohere]

Great news sounds like its heading the right way for you at the moment

 

Hadituptohere

[volvo]

Thanks Hadit, hope so.

 

VOLVO

[foolishgirl]

Nothing received from Chester CC yet about a date, Will my original N244 request suffice or will I need to submit anything else for this strike out i have requested.

It should be in your file but phone Chester on Mon & make sure they have received it & that they will put it in front of a DJ asap otherwise it may get overlooked.

[volvo]

Hi Foolish Girl

 

Pse see attachments for Strike out request as promised.

(Was sent hurredly off top of my head as i was leaving for Germany, before i got your kind offer to check the strike out application for me.)

 

Anyway, this is what i sent and am waiting for the courts response, they have banked the cheque though.

 

 

 

 

VOLVO

 

Hi all

 

OK, received the following advising a hearing date in July for my above N244 Strike Out application to be heard at my local Chester County Court after my request to Northampton for the application not to be heard at Rugby Court but locally.

 

 

What do i need to prepare for this hearing besides the submitted application above?

 

Have still not received original Terms & Conditions or copies of Default notices as requested from Morgans in my CPR31.14 / CPR 18 requests.

 

Many Thanks

 

VOLVO

[citizenB]

If Cabot are going to respond, they need to do it 7 days before the hearing.

 

I would just draft up a skeleton argument for yourself, detailing chronologically what steps you took to obtain information once you had received the Claim form. You should take copies of all the letters you have sent and any that you may have received from them.

 

Not sure what else you need to do TBH.

 

You could try tracking down diddydicky, pedross and emandcole. They may be able to advise you.

[gh2008]

I notice that, as usual Cabot (UK) are the claimants. Were they the assignees on any NOA you have received with regard to these accounts?

[volvo]

Unsure GH,

 

Will dig out what they sent me and let you know.

 

VOLVO

[volvo]

Representation letters of Notice of Assignment are from Cabot Financial (Europe) Limited stating the Cabot Financial Group has recently bought the accounts but on the reverse of the letters it states that the letter acts as notice of assignment of the accounts to Cabot Financial (UK) Limited whose accounts are serviced by Cabot Financial (Europe) Limited.

 

In their CPR 18 response Morgans state that referring to Goode Issue 27 a notice is not required where the creditor simply demands payment for arrears, with or without contractual interest, as the claimant does not wish to rely take any of the actions listed in section 87 of the CCA 1974, neither the claimant nor the assignor was required to send a default notice under that section or at all. The sums claimed relate to arrears only.

 

VOLVO

[Hadituptohere]

But when Cabot were assigned the alledged debt I bet they didnt write to you and say 'please pay your minimum payment regarding your credit card' id put money on it that they demanded the the total balance..

 

Hadituptohere

Edited June 18, 2010 by Hadituptohere