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About Sailor21

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  1. Thanks for that tomterm8 - I will keep you informed
  2. Hi DM, I did something similar to this and was told by the judge that I must produce the relavant piece of law??????? so that she can see what my argument is.
  3. Thanks for that tomterm8. I will PM you as soon as I get home (mon)
  4. Cabot can do as they wish with the cheque - The fact remains that you have applied and offered payment. They must comply! I hope you have POD by way of recorded delivery - if not keep the letter of reply from Cabot as proof that they must have received your request and count the days from the date of that letter. There is plenty of good advice on this site and some very knowledgable people but I think that your house plans may have to go on hold while you sort this.
  5. Thanks for that tomterm and lizzy - Judge said that I cannot change the grounds for my set aside, only explain it better and with the relavent law included
  6. The judge also critisised me as my arguments (no CCA etc.) were not backed up with actual copies of the Consumer Credit act. I just quoted the relavent sections i.e. S78 - 79 of the Consumer Credit act. The judge said that this was not good enough and wants the relavant pieces laid out in front of her. I take this to mean that I have to produce a copy of the act with the relavent sections highlighted. The judge suggested 28days which was objected to by Hodsons locum as she wanted only 14 days - I argued for the full 28 days as I will need that to get the relavent paperwork together and the judge left it at 28 days. Hodsons locum then asked for costs but the judge said no as no written request was in the paperwork??????? Oh my brain aches!!!
  7. Well I have just come back from the court and the case has been adjourned again! The Judge asked ME why the case had been adjourned last time and when I explained that the last judge felt that she did not have sufficient knowledge to decide, the new judge said "I find that very hard to beleive" Also Cabots/Hodsons soliciter (not the same one as last time) did not know about the setaside which had been before the judge at the earlier hearing. If I, as an electrician, showed this level of competance there would be a lot of people with spikey hairdo's around.
  8. Great one lizzy!!!!! You have been a big help to me with my case.
  9. Sequenci, Sorry for the delay in replying as I did not see your post. Looking at the paperwork I can see no reference to interest at all but all the way through the history of this case there is a discrepancy to the figures which I cannot account for.
  10. My first piece of advice would be to fight the CCJ before they get to the Final Charging order stage. In order to do this I suggest that you start your own thread under Debt Collectors (Not Cabot unless they are involved) and you will get some very helpfull advice which will save you a lot of worry. This will be a long hard fight but is winable - Good Luck
  11. sequenci 1) Yes I understand this but it is another thing to bring up to show Cabot in a bad light. 2) That was my understanding as well 3) There are few grounds for objection so I have relied on pointing out the mistakes in their paperwork and the fact that they are using Kings Hill who they say bought the debt in 2005 so are now called Cabot UK 4) Can you explain this please. There have been no further approaches from Cabot
  12. Thanks for that andrew1. I have included references to that and I am now of to put the papers into the court.
  13. No! This is part of the problem. A payment plan was agreed with Cabot after the CCJ and is being paid. This gave the judge cause for concern as she did not know if the Final charging order could still go ahead so she called a halt whilst she checked it out. She also commented that this seemed like a classic left hand / right hand situation on the part of cabot
  14. Wow - Thanks for all that input guys! Those who have read the full thread will know that Cabot/Kings Hill have already obtained a CCJ against my wife and are trying to get a Final Charge against our house which I have no doubt will end up with them trying to force a sale of the house. I have managed to obtain an adjournment as the judge was not sure if the case of Mercantile Credit v Ellis applied here. CCA from Cabot definatly cites Section 25 of the LOP as in my post above. I did find a copy of the LOP after a Google yesterday and it refers to delaying the sale of a property if there are trustees involved. Most sites do not list a section 25 probably because as sequenci says, it has been repealed. Can't find the site today! I am now preparing papers for delivery to court tomorrow. All help and comments are most welcome
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