Hi,

Well email worked for me within 48 hours compared to months of letters and phone calls.

You can ask your email program to request a delivery receipt and also a read receipt. You can also print out a copy of the email you send for your records.

Cabot are total muppets and chancers, what have you got to lose?

Good Luck

I emailed these parasites as I was getting nowhere by letter or through asking the County Court for updates.

Cabot backed down and I went for wasted costs. I got £600 from them - no questions asked.

Edit this and send via email:

Dear Mr. Maynard,

Cabot Financial have been contacting me regarding the above account since **/**/**.

I wrote to your offices on **/**/** to inform you that this alleged debt is barred by statute since no payment has been made and no acknowledgement of the alleged debt has been made for more than 6 years.

You replied stating that a payment was made on **/**/** thus making the debt collectable.

I put you to strict proof of payment and requested evidence of this payment being made-THIS REQUEST WAS IGNORED and a standard template letter, simply re-staing that a payment was made, was sent to me.

I also requested a copy of the Credit Agreement which is my right under the Consumer Credit Act. To date, you have FAILED TO PROVIDE THIS DOCUMENT. This places the account IN SERIOUS DISPUTE and procludes further collection activity.

Despite you informing me, by letter on **/**/**, that my account is, quote, "on hold until further notice", you have instigated court action against me.

In summary:

1. You have started court action on a STATUTE BARRED debt.

2. You claim I made a payment in 2*** but have supplied no evidence.

3. You have refused ALL of my reasonable requests for documentation in order to prove that I owe this alleged debt.

4. Your solicitors Hodsons (now Morgan) have refused to answer any of my letters and requests for information.

5. You are acting unlawfully and against all guidelines and have caused me considerable stress.

Despite the above, your company instigated legal proceedings in the Northampton Bulk County Court on **/**/**. The case was stayed after I put in a defence and you failed to respond. You have allowed the case to remain there until **/**/**. You have now asked for the stay to be lifted and I have been informed that you intend to pursue this claim through my local county court. For ease of reference, the court reference number for your vexatious claim is ********

I INTEND TO DEFEND THIS CLAIM IN ITS ENTIRETY.

SHOULD YOU PERSIST TO HARRASS ME IN RELATION TO THIS MATTER, I INTEND TO REPORT YOUR COMPANY TO THE OFFICE OF FAIR TRADING, TRADING STANDARDS AND THE FINANCIAL OMBUDSMAN SERVICE.

MY M.P. IS ALREADY AWARE OF YOUR ACTIONS.

I NOW EXPECT YOU TO DROP THIS VEXATIOUS CLAIM AGAINST ME.

As this matter is of the upmost urgency, I look forward to your earliest response.

Yours sincerely,

You could edit this and send it if it fits with your situation.

Don't let them bully you. I got a response within 24 hours. They will be on the back foot when they get this.

Good Luck!

Thanks Saintly!

Let's see what they come up with re Costs, I'll send a nice fat donation to The CAG if they cough up!

(I still owe Rhia a few pints too!)

Cheers PV

Hi Arbo,

Cabot can be beaten.

My thread might help you:

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/152289-cabot-say-debt-not-15.html#post2104983

It's a long thread but hopefully you'll see that patience pays off!

Good Luck!

BTW, they will most likely lie and intimidate and be arrogant in the extreme but if you keep a file of all coresspondence between you and send everything registered post or email, then you can beat them.

PV

And now this:

Where they admit that;

1. They never had a CCA or any other paperwork

and

2. That it was Statute Barred all along

and

3. They can process my data DESPITE NOT HAVING ANY AGREEMENT! (Hello Information Commissioners's Office?!)

I have learned to send all letters by RECORDED DELIVERY, KEEP A FILE of all correspondence and it seems OK to use email as they WILL RESPOND to them.

I hope that this thread gives hope and encouragement to anyone else who is fighting Cabot.

I will update re costs.

You can WIN with the power of CAG!

PV

P.S. should it be moved to the WON section and maybe also to the Cabot Fan Club Section?

Update:

Received this from Cabot:

Sent a Wasted Costs Order in today to their solicitors.

Thanks to everyone for their contributions and support-you know who you are!

PV

Hi,

Think i have it sorted re N252, they will receive it tomorrow and i await their response.

PV

Hi,

Having read x20's advice again, i think i don't involve the court yet.

I think i just serve the N252 on cabot's solicitors initially and what i'm asking for is actually an out of court settlement at this stage.

Anyone know if this is the correct interpretation?

Thanks

PV

Hi,

I have followed x20's excellent guide to claiming for wasted costs.

Filled in a form N252 and typed up a separate letter detailing what costs i intend to ask for.

Just phoned the county court and they tell me that I would need to complete an N1 and start a fresh claim against cabot.

I explained that I had completed an N252 and detailed my costs. They asked me who had advised me and I said it was a solicitor (x20!).

The CC manager told me that they aren’t legally qualified to process my paperwork even if I handed it in to them. Also said that it is not normal procedure for defendant to claim costs when a case is discontinued!

Very confusing!

Any ideas?

Thanks

PV

Cheers mate!

Do you expect them to close my "account" and disappear now? If they really ARE investgating my complaint seriously then that's the obvious conclusion, right?

PV

Hi,

Update:

Phoned local county court a few minutes ago and they have received the notice of discontinuance and actioned it! Hearing before allocation also vacated.

Letter in the post from cabot to say thanks for my email of comlplaint and that they are investigating and will be in touch within 10 days. Also enclosed their complaints procedure, boy am i going to be using that information to its fullest!

Thanks to all CAGgers who've helped and supported me so far, i just need cabot to close my "account" and bog off for good now.

PV

Nice idea emma but i want to avoid the hearing because i'm supposed to be away on holiday that week!

PV

Thanks to everyone for their comments, all sound advice as ever.

I won't allow myself to believe that i'm completely out of the woods yet, not until

a) i have the notice of discontinuance in my hand and

b) the court confirm that they have their copy.

We all know how devious these people can be.

Nothing in today's post but I only spoke to the "solicitors" yesterday afternoon so i'm prepared to wait until early next week before i start kicking off.

PV

Hi ODC,

Thanks for the advice.

I'm taking the discontinuance letter into court personally a.s.a.p. and will ask for the hearing cancelled and for written confirmation.

You don't think they'd try and pull a fast one do you?

PV

Hi GodMother,

Thanks for the info.

Is there an official claim form or will a letter do?

I will read the link suggested in an earlier post.

What would you say is a reasonable amount of hours to claim?

I have receipts for postage, special delivery at £5 a time etc.

PV

Cheers LTWFB!!!

PV

Thanks FF.

If i win costs then the first thing on the spending list will be a fat donation to this wonderful site. A close second will be a beery night in beautiful Northumberland!

I'll take a look at the link as you suggest.

Thanks again

PV

p.s. I will post up Crapot letter of discontinuance as soon as it arrives

Should I ask a Mod to move this to successes?

Anyone any idea how to claim wasted costs please?

I found one of Bankfodder's templates but it's for use when claiming against a bank.

Thanks

PV

Hi Rhia,

Yes, I meant Morgan's, Watson's is a local bakery up here! I must have been feeling hungry whilst I was posting!

And yes, well done judge! But YOU are the STAR in this, I really don't know what I'd have done for the last 2 weeksif it wasn't for you... I certainly wouldn't have been so tough with them.

THANK YOU SO VERY VERY MUCH!!!

How do I claim costs? Is there a form to download or a template letter please?

Also, how much can I claim? I feel like they owe me LOTS!

PV

Cheers Jogs!

I already rang the court and the clerk advised me to take a copy of the letter from Crapot into court so it can be put in my file.

How do I go for wasted costs please? Also how much do I claim?

I need to claim enough to cover the cost of a tube of "Just For Men"... my hair has turned grey because of the stress caused by these "people"!!!

PV

Cheers Notts!

Just for a change, I'm looking forward to the postman calling in the morning!

I'm in shock right now!

Donation to CAG on its way methinks

PV

Hi!

Just got off the phone to Watsons Solicitors (previously Hodson's) who inform me that the case has been DISCONTINUED and that this will be confirmed in a letter being sent by 1st class post this evening! They're also writing to the court at the same time.

I think this may be a result?!

Can I go after Crapot for some costs?

PV

Hi,

Received this from court today.

Help!

PV

Does anyone please have an outline for a letter of complaint to the OFT as Rhia suggested?

Thanks

PV

The default disappeared sometime in 2006, I had to open a current account because the basic account (which I was forced to have due to bad credit) was being phased out.

I passed the credit check, got offered a massive overdraft and a 3.5k limit on a credit card!

I said NO THANKS, just the account will be fine!

So they haven't been trashing it consistently.

This is my argument about stat barred status--IF i HAD mad a payment in May 2004 then the default would have kept running until May NEXT year but it's NO LONGER THERE!!! So, I can't have made a payment can I?

PV