Cabot/Kings Hill No.1 - Advice Please

[ivorbiggun]

Hi guys.

Thought I'd better start a new thread rather than hijack tberns Cabot thread. Could anyone give me some advice as this is a slightly different situation?

My aunt called me up and I popped around to see what was the matter. She's just received a N1 Claim Form from Kings Hill No.1 using solicitors in Rugby. First thing I'll do for her is to contest jurisdiction and get the case moved from Rugby down to Kent. I remember reading a thread somewhere where someone stated that Cabot never take court action? Maybe they're reading this stuff on here and being more proactive?

She has two debts to 2 credit card companies for around £4K each. It is likely that both comprise a significant amount of late payment and over limit charges.

What do I do?

Well I going to fire off a couple of SARs to Kings Hill No.1 with the £1 fee. I'm going to mention that they've issued a claim and that it's imperative that I get the info within 12 days so that I can prepare a satisfactory defence and contest their figures. Or is this something I need to battle with the original credit card companies? Do I send something to the solicitors to explain what I have done?

Any advice gratefully received.

[JonCris]

Originally Posted by ivorbiggun

Hi guys.

Thought I'd better start a new thread rather than hijack tberns Cabot thread. Could anyone give me some advice as this is a slightly different situation?

My aunt called me up and I popped around to see what was the matter. She's just received a N1 Claim Form from Kings Hill No.1 using solicitors in Rugby. First thing I'll do for her is to contest jurisdiction and get the case moved from Rugby down to Kent. I remember reading a thread somewhere where someone stated that Cabot never take court action? Maybe they're reading this stuff on here and being more proactive?

She has two debts to 2 credit card companies for around £4K each. It is likely that both comprise a significant amount of late payment and over limit charges.

What do I do?

Well I going to fire off a couple of SARs to Kings Hill No.1 with the £1 fee. I'm going to mention that they've issued a claim and that it's imperative that I get the info within 12 days so that I can prepare a satisfactory defence and contest their figures. Or is this something I need to battle with the original credit card companies? Do I send something to the solicitors to explain what I have done?

Any advice gratefully received.

Is the N1 sealed by a court? Does it have a court stamp in the top righthand corner

Assuming it is you must 1st acknowledge receipt within 14 days stating that you dispute the claim (this allows you a further 14 days to respond making a total of 28 days) At 28 days you submit a defence or counter claim, unlawful charges, amount claimed etc. The court will then probably allow time for you to settle with the claimant.

You will find most of your questions answered in the FAQ's

PS
Your probably correct Cabot may have chenged tack & decided to issue against those debtors from whom they think they can recover. It's probably an unfortunate byproduct of CAG's increasing success in disputing the DCA's
I would say the banks are now doing the same as the fight tooth & nail to hold onto their ill gotten gains

[NailPost]

Its important to know if the cliam is genuine or just Cabot playing silly beggars. If it is a bogus claim it needs to be reported to the OFT pronto. If it purports to come from a solicitors they need to be dropped in it too via the Law Society's office of supervising solicitors.

If it transpires that Cabot have changed tack and are trying their luck at launchign court action it remains that without documentation of any kind to back up their claim they have as much chance of persuading a judge to grant the application as your aunt winning the lottery. Their only chance is winning by default when no one defends the claim.

SARN's and CCA requests become even more important.

[JonCris]

Correct!
It's an offence for a DCA to send misleading documents (such as an unsealed N1) & they should be reported forthwith to not only the OFT but also Trading Standards.

If a law practice has allowed it's name to be used then they too should be reported

[Rhia]

Same happened to me it is a genuine court case my solicitor believes they are trying to get a charge over property. Do this. DEFEND. Retunr the form and enter your defence and say you are in dispute with the companies concerned for excess penlty & late charges.
Check the details. Is it from King's Hill? If so has you aunt had any direct correspondence from them? It is most likely it has come from a company called Cabot and they are playing each company off against each other. Is the summons in relation to different credit card companies or both?
Also before you return the form go throuigh it witha fine tooth comb and compare to your paperwork. Answer EVERY question do not leave anythi ng unanswered. Answer each point concisely do not give any info more than you have to.
Meanwhile send a Subject Access Request form (letter in templates) to all companies involved. I would also seek the help of a solicitor a fixed fee interview will cost about £50 if you can't afford it try the free debt helplines and Citizen's Advice. Also the info on here about this dubious opeartion is well worth checking. Also don't forget to write to your MP if any of their dealings are dodgy (which they will be) See tbern's thread there are a number of us getting to grip swith this.

[tbern123]

Isn't it interesting that the N1 is in the name of Kings Hill (No1) Ltd and not Cabot.........

Anyway, you have to respond with in 14 days, if I was you I would also CCA Kings Hill, from my experiance they won't be able to provide the required documentation within the time frame specified within the CCA 1974.

[ivorbiggun]

It's a proper N1 sent by Rugby County/Combined Court. It's not the usual "pretend to be a summons" letter.

I'll post more details of the companies they use and how they've worded their case when I get home tonight and have a proper look at the document.

Thanks for your help guys. I've been so busy I haven't even had time to chase Halifax up! (They haven't sent me any statements since my request in June!)

[JonCris]

June!!! your not doing yourself any favours by leaving it so long.

Also I don't want to preach but I will anyway. I make the point that whatever your circumstances (other than illness) you are going to have to find the time to deal with this otherwise as others have found matters could so easily overtake you.

[ivorbiggun]

OK home now.

It's an N1 Claim Form with the seal for Rugby County Court in the top right.

Claimant
Kings Hill (No.1) Limited

Defendants(s)
ivorbigguns auntie

Brief details of claim
Monies dues to the Claimant for Defendants use of credit facilities

Value
£8k

Particulars of claim
1. The Claimants claim is the sum of £8k in respect of the balance due to the Claimant for the Defendants use of:

1 Card Co A £4k
2 Card Co B £4k

2. The Claimant acquired the debt by purchase from

Repeats 1. with dates

3. Notice of the acquisition of the said debts was given to the Defendant in writing shortly after the respective dates.

4. At all material times Cabot Financial (Europe) Limited administer accounts on behalf of the Claimant, the Claimant being part of the Cabot Group of Companies. (does this help you tbern1?)

5. Despite requests for payment the Defendant has failed to pay the sums due and owing.

Signed by solicitor

[tbern123]

Originally Posted by ivorbiggun

4. At all material times Cabot Financial (Europe) Limited administer accounts on behalf of the Claimant, the Claimant being part of the Cabot Group of Companies. (does this help you tbern1?)

I must be really dense... I still can't understand what this has to do with Cabot...

I will try to explain my thought process... Ferrari is part of the Fiat Group, but you wouldn't take your Ferrari to a Fiat dealer to be fixed would you...

The same with VW, they own both Audi and Seat, but your wouldn't take an Audi to a Seat dealer.....

Being part of the same group should not come into it

[tbern123]

Ok, Cabot (europe) administer accounts for Kings Hill. This must mean that as they do this for them, they must be working for them. It shouldn't make a difference if they are part of the same group or in an external company was administering the accounts...

Sorry, I know this does not help you out much......

[ivorbiggun]

Originally Posted by tbern123

Ok, Cabot (europe) administer accounts for Kings Hill. This must mean that as they do this for them, they must be working for them. It shouldn't make a difference if they are part of the same group or in an external company was administering the accounts...

Sorry, I know this does not help you out much......

No problem.

Just wondering if what they waffle in legalese on court documents would help you in any way.

[ivorbiggun]

Just one thing before I go to bed. I've typed up a CCA letter with the £1 fee for each account to send to Cabot/Kings Hill/Whoever they are.

Now I need details of charges. Do I Subject Access Request Barclaycard or Cabot?

[tbern123]

S.A.R Barclaycard...

Have you had a copy of your credit agreement with Barclaycard yet ?

I only ask, as I finally got a copy of my Barclaycard agreement and it was not signed by Barclaycard. As a result it was improperly executed

[lookinforinfo]

Before you send off anything, take a look on line to see how old the debts are . You don't want to restart a debt that is already statute barred.

[Rhia]

They didn't put taht waffle about Cabot managing accounts at all times on min