KINGS HILL No1 = Cabot?? Help needed for N1

[elizabeth1]

My hubby has had an N1 yesterday from Hodsons Solicitors Rugby Crown Court. This is for two old credit cards which were defaulted in 2002.

From the credit report I have from March 2004 and one more recently as in last month (November 2006) I can see the debt on these cards is still increasing - from the time span between the credit report in November and yesterday there has been £276 added to one card and £45 to the other - this is for cards already defaulted back in 2002. Over time the debt on these cards has doubled on one card and tripled on the other - all made up of charges.

Now I don't know who registered the defaults on these card accounts - I take it Kings Hill is a DCA?? Can charges/interest (or whatever is being added to these accounts) still continue to be added to these accounts?
Do Kings Hill have to say what they are adding to these accounts to us - or can they continue just increasing the debts? We don't have any correspondence from them saying what exactly they are adding to the cards at all - we just see the difference in the credit files from experian. Can they legally do this? Does anyone know of how we find out the charges they are making?

The cards are Providian and Peoples Bank - we sent S.A.R - (Subject Access Request)'s to them last week and expect we won't get the data to these accounts prior to having to acknowledge these claims on the N1 so we can defend giving an amount for exact charges being made etc..

No arrangement was ever made with Kings Hill and ourselves - so can they do this and keep adding charges for whatever reason they have to these accounts.

We don't know whether Kings Hill made the defaults or the card companies themselves - as we are sure we never had default notices - at the time hubby was redundant and we were arguing over them not letting the insurance pay the cards.

HOW DO I DEFEND THIS CLAIM - and how do I stop the debt increasing further like it has been doing sice the default??

I would really appreciate some help with this as I can't find something similar to stop these people hounding us.

[Rhia]

Hi there

Please look at the Cabot/Kingshill threads - there are tons of them and a number of us in dispute with these people. No-one has yet received any documentation or letters or anything from Kings Hill No1. It's easier if you read all the threads.
Also my understanding is no they cannot add random charges like this and if it gets to court they will hav e to justify it. Also make sure they aren't trying to take a charge over your property. This is one seriously big oddball sitiuation with these people.

[Rhia]

P.S. Have you had any correspondence from Cabot Finiancial in regard to this?

[elizabeth1]

Rhia, Thanks for your reply - I was just browsing to look to see if anyone has written what they used as a defence here.
We haven't heard off cabot in years - cause we were arguing over insurance should cover upon hubby's redundancy etc..
We haven't had any correspondence from Kings Hill in respect of the court claim they make against my husband - they haven't told us what these charges are either Kings Hill or Cabot. They are using Hodsons solicitors on court claim.

What I am looking for is something similar where I can see how to file defence as I know they aren't going to come forwards with the data we need to show accurate charges they have made.

To get a charge on someones house don't they have to go through court??

I am just as a loss as to best way to try defend this as the biggest part of both these cards are charges added - and continuing charges - is there any legislation that says they can't keep adding charges anywhere on here?? Because they haven't been notifying us of charges added - we don't know what they are about (interest, their own fees etc..)

I will keep looking hoping I spot something

[haribo88]

HI there,

Kings Hill No1 and Cabot Financial are the same company, Kings Hill No 1 is there address.

They can legally add charges to the accounts, they are interest charges. If you are not paying then interest will be applied. It is in the small print on the original credit agreement that you signed. It says that once you default (which the original vendor does when you stop paying) that they can pass the debt to debt collections companies. The debt collection companies normally have to stick to the original credit agreement with regards to interest unless the original vendor says otherwise.

I do believe that once you start paying and continue to make regular payments that the interest is frozen for you but watch out because if you stop paying them they can apply accured interest to the accounts.

If the balances are small they will not take you to court it will more then likely more to an external agent (like a doorstep collector) but i think if the balances total over a certain amount i.e. £4000 then they may take you to court depending on what assets you have.

I hope this helps

[pt2537]

It is in the small print on the original credit agreement that you signed. It says that once you default (which the original vendor does when you stop paying) that they can pass the debt to debt collections companies.

Well that depends, it may NOT be in the small print of the agreement and furthermore they may not have the agreement in the first place

The debt collection companies normally have to stick to the original credit agreement with regards to interest unless the original vendor says otherwise.

the contract says what can be done not the vendor, the 1974 act further prescribes how a agreement can be varied again not the vendor im afraid

If the balances are small they will not take you to court it will more then likely more to an external agent (like a doorstep collector) but i think if the balances total over a certain amount i.e. £4000 then they may take you to court depending on what assets you have.

that is of course unless you take them to court first, this is always available to anyone with a regulated credit agreement

[elizabeth1]

haribo88 & pt2537

Thank you both for these replies to this old thread - this case has now been concluded with an out of court settlement (we won!!) I do have another thread about this where I show the various arguments used etc...

[rory32]

I do have another thread about this where I show the various arguments used etc...

Yep, it's in the stickies

[FANTASY CHARGES]

Originally Posted by haribo88

HI there,

Kings Hill No1 and Cabot Financial are the same company, Kings Hill No 1 is there address.

They can legally add charges to the accounts, they are interest charges. If you are not paying then interest will be applied. It is in the small print on the original credit agreement that you signed. It says that once you default (which the original vendor does when you stop paying) that they can pass the debt to debt collections companies. The debt collection companies normally have to stick to the original credit agreement with regards to interest unless the original vendor says otherwise.

I do believe that once you start paying and continue to make regular payments that the interest is frozen for you but watch out because if you stop paying them they can apply accured interest to the accounts.

If the balances are small they will not take you to court it will more then likely more to an external agent (like a doorstep collector) but i think if the balances total over a certain amount i.e. £4000 then they may take you to court depending on what assets you have.

I hope this helps

NO IT DOESN'T

THIS POSTER SPEAK DCA LANGUAGE [SEE HIS OTHER POSTS]
(MEANING FILE THE POST UNDER R.... FOR RUBBISH!! )

HOW MANY MINUTES HAS THIS POSTER BEEN REGISTERED ???

[elizabeth1]

Originally Posted by rory32

Yep, it's in the stickies

I am laughing loads about this - cause this was one of my very first posts/threads when I first joined CAG. (I was sweet and innocent then!!)
I somehow lost this thread (hence the other one) ha ha ha


Geez I have learnt some stuff since those days!!

Amazing what I learnt to do since those posts isn't it?

Thank you Caggers xx I resolved this Cabot stuff with help from the special people here.