Cabot County Court Claim Form

[joghuj]

Hi all,

Just an update. I've sent the document in post #78 to both the court and Cabot. Also, today, I received what I imagine is a standard court letter acknowledging receipt of the defence I sent a few days ago.
What surprised me, is that the letter now mentions Kings Hill (No1) as the claimant. This is the first time they have been mentioned on any correspondance from the court/Cabot/Hodsons. Everything previous was all in Cabot's name. Now, I know who Kings Hill are from reading other threads on this forum but should I question the appearance of this name with the court or just let it lie?


KINGS HILL(NO1) LIMITED -v- JOGHUJ

I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor) The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

[tomterm8]

Not sure I would bother, even cabot don't seem to remember whether they are Kingshill or Cabot (Financial) Ltd. Maybe PM tbern or seahorse.

Now a letter, this time only registered, to the original creditor:

YOUR ADDRESS

DATE

CREDITOR ADDRESS

Dear Sir or Madam,

RE: IMPENDING LEGAL ACTION IN RELATION TO ACCOUNT NUMBER XXXXX

With regard to the above account, a company KINGS HILL(NO1) LIMITED in a recent court claim has stated that you have assigned them the rights and not the duties of the above credit agreement.

Can you confirm that this is the case, since if this is the case i intend to apply for your company to be added as a party to this court case and to issue a counter claim for all unlawful penalty charges in relation to the account. I will also seek full disclosure of your costs in relation to these penalty charges, and I may also bring a counter claim for libel against your organisation in respect of any incorrect default information recorded at the credit reference agencies.

If you do not reply within 14 days of the receipt of this letter, I will take further legal action in respect of this court case.

Yours Sincerly,

XXX.

Yours sincerly

[tomterm8]

Oh yeah, do it in respect of each account... if they are all the same creditor, reference each account in question.

[joghuj]

Just out of interest, what response are you hoping for from the creditors and how will this help?

Cheers

[tomterm8]

They will say that the debt was an absolute assignment. Cabot are claiming that the DoA is a equitable assignment.

When you get the Deed of Assignment, it will show it was an absolute assignment but since cabot have knowingly claimed it as equitable, and failed to comply with the duties of the contract it would leave them open for a counter claim in equity for breach of contract.

Also, as the data controller, they have not kept their records complete and accurate, and so there is a counterclaim on the basis of a breach of the Data protection principals.

There are a few other interesting surprised on this, since Cabot has misled you during the lead up to a court case in respect of a debt, they are liable for criminal prosecution, and since they have not got all relevant information on the account they are liable for criminal prosecution under the Money Launcering Regs 2003.

basically, if you can show they've misled you before the action, then Cabot are jumpsuit wearing toast.

[debt_mountain]

Originally Posted by tomterm8

Not sure I would bother, even cabot don't seem to remember whether they are Kingshill or Cabot (Financial) Ltd. Maybe PM tbern or seahorse.

Now a letter, this time only registered, to the original creditor:

YOUR ADDRESS

DATE

CREDITOR ADDRESS

Dear Sir or Madam,

RE: IMPENDING LEGAL ACTION IN RELATION TO ACCOUNT NUMBER XXXXX

With regard to the above account, a company KINGS HILL(NO1) LIMITED in a recent court claim has stated that you have assigned them the rights and not the duties of the above credit agreement.

Can you confirm that this is the case, since if this is the case i intend to apply for your company to be added as a party to this court case and to issue a counter claim for all unlawful penalty charges in relation to the account. I will also seek full disclosure of your costs in relation to these penalty charges, and I may also bring a counter claim for libel against your organisation in respect of any incorrect default information recorded at the credit reference agencies.

If you do not reply within 14 days of the receipt of this letter, I will take further legal action in respect of this court case.

Yours Sincerly,

XXX.

Yours sincerly

this is an excellent idea, your letter is alittle more refined than mine was. I did it with the 4 accounts with Cabot and so far 2 have replied and tried to doge the bullit and even if there is no intention of actually dragging them to court it will atleast get some more info to hit Cabot/Hodsons over the head with.

[NitrousOxide]

And like you've posted earlier Tomterm, you cant sue if it's not absolute assignment?
Hence asking the bank on their position.
Either way helps the defendent.

[joghuj]

Just been reading the 1970 thread and noticed the change to local court. Should I be putting a request in for this now or not?

[tomterm8]

Originally Posted by joghuj

Just been reading the 1970 thread and noticed the change to local court. Should I be putting a request in for this now or not?

it's automatic. It'll happen when you get to the Allocation questionairre stage.

[tomterm8]

DCA Address

DATE

Your Address

Dear Sir/Madam,

RE: CLAIM : CLAIM NUMBER

I write in relation to the claim action you have brought against me. While I do not admit any liability for this alleged debt I note our mutual obligation to investigate all means of a speedy and equitable settlement of the court action if possible.


I am, therefore, writing to invite you to offer your proposals for the settlement of these matters.

I reserve the right to show a copy of this letter to the court.

Yours Sincerly



FAX / e-mail the contact no with the above form. The letter is a tactical move, so you can tell the judge that you asked the claimant for a settlement proposal at trial. If you don't make the effort, the trial judge often gets angry

[joghuj]

Before I send this letter can you tell me whether asking for offers for proposal of settlement isn't admitting a debt? If I receive offers but don't accept them, how will I stand in the court's eyes?

Thanks again for the advice.

[tomterm8]

Originally Posted by joghuj

Before I send this letter can you tell me whether asking for offers for proposal of settlement isn't admitting a debt? If I receive offers but don't accept them, how will I stand in the court's eyes?

Thanks again for the advice.

The original letter did not admit liability, but I've made it stronger to save you from worrying. You are entirely within your rights to refuse any offer, although you might chose to make a counter offer you were happy with (court is always a risk)

[joghuj]

I've just received an Allocation Questionnaire, and confirmation that the case has move to my local office. Is there anything I should know about this form?
Some parts are not clear to me (most of them really), should I have a one month stay for settlement? Pre-action protocols? I presume I have followed protocols?
I presume I don't need expert evidence, although one of you guys would be useful! Written expert evidence?
Small-claims track, fast track or multi-track? Estimate for final hearing, what?
Proposed directions?

[elizabeth1]

Originally Posted by joghuj

I've just received an Allocation Questionnaire, and confirmation that the case has move to my local office. Is there anything I should know about this form?
Some parts are not clear to me (most of them really), should I have a one month stay for settlement? Pre-action protocols? I presume I have followed protocols?
I presume I don't need expert evidence, although one of you guys would be useful! Written expert evidence?
Small-claims track, fast track or multi-track? Estimate for final hearing, what?
Proposed directions?

Instructions for completion of this form is here

Allocation Questionnaires - A guide to completion


I will email you now

[tomterm8]

Originally Posted by joghuj

I've just received an Allocation Questionnaire, and confirmation that the case has move to my local office. Is there anything I should know about this form?
Some parts are not clear to me (most of them really), should I have a one month stay for settlement? Pre-action protocols? I presume I have followed protocols?
I presume I don't need expert evidence, although one of you guys would be useful! Written expert evidence?
Small-claims track, fast track or multi-track? Estimate for final hearing, what?
Proposed directions?

I think ylou are working from http://www.hmcourts-service.gov.uk/c.../n150_1001.pdf?

stay for settlement I would go no.

Location of trial, no.

Preaction protocols, no, in part 2.

In D, all of it.

Applications, no

Witnesses none,

Experts, none.

Track - go for appropriate ( see below)

trial or final hearing 1 hour 30 minutes.

proposed directions - I'll think about this

Costs - don't fill in

Other information - I'll think about this





determining track
How much money is the claim for? (i.e. under 5,000 = small claims track, 5,000-15,000 fast track, 15,000 + multi-track).


Under pre-action protocol you would select "No". They didn't follow the correct