Cabot Say Debt Not Statute Barred: What Do I Do Next???**WON**

[Rhia]

I would go along the following lines that:

1. They have started court action on a SB debt.

2. They claim you paid in 2004 but have supplied no evidence.

3. The account defaulted in 2001 (so your last payment would probably have been 3months before this) it was registered with CRA and has nowfallen off under the six-year rule and they have not shown any payment in 2004 othewise the default peiod would have restarted and be shown.

4. They served the default notice, NOA, etc etc after starting court action

5.They have refused all your reasonable requests for documentation including CCA etc etc.

6. Their solicitors Hodsons (now Morgan) has refused to answer any f your letters and requests for information.

7. They are acting unlawfully and against all guidelines and have caused you considerable stress.

How does that sound?

[PossVox]

Hi,

 

Received this from court today.

 

Help!

 

 

PV

[PossVox]

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

[Nottsdave]

sounds like great news

 

Well done

 

Notts

[PossVox]

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

[havinastella]

Yes, hit them with a wasted costs order

 

Excellent work, well done (make sure you stay in touch with the court, don't trust anything you receive from the DCA)

 

 

Jogs

[PossVox]

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

[Rhia]

Ha! ha! Just PM'd you saying they would discontinue. Go for wasted costs order. This is costs you can claim for them wasting your time.

 

The Judge was putting pressure on them to come up with some evidence and presumably had raised his or her eyebrows over the alleged phantom payment. So this was their way of telling them to prove it. Excellent work Judge.

 

Whose Watson's? I thought the new name for Cabot's solicitors was Morgan's?

 

Good stuff Poss Vox you stood up to the bully boys.

 

There is some info on CAG re wasted costs orders but I can't find it. Meanwhile this is from the Bar Council

http://www.barcouncil.org.uk/guidance/wastedcostsorders/ I am sure someone will come along with more info.

Edited March 27, 2009 by Rhia
Add info.

[PossVox]

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

[Rhia]

Read my PMs before threads so saw the news after I had sent comments.

I just knew they would discontinue - eejits. The Judge would have made mincemeat of them. This Judge had their measure you could read that between the lines.

 

Sensible Judge: "So stupid solicitor you allege Mr PossVox made a payment in 2004. Where is the evidence?"

 

Stoopid solicitor: "Err we don't have any we were just trying to frighten him into paying a large amount of money that we aren't entitled to simply by dragging him through the courts and scaring him witless."

 

Sensible Judge: "Well sod off and go and work in the sewage works instead you slimey creep!"

 

I love it but seriously you MUST report them to the OFT at the very least. I am not sure how easy it is to get damages for distress but they are leaving themselves wide open.

 

And I am flattered you think I'm a star but I had a very, very nasty run in with Cabot which I have never posted on this forum but I think it's about time I did. Won in the end but ended up in hospital with a heart problem after it all - and was already ill. I will NEVER forgive them for their actions and you know what they say don't get mad, get even. So if I can help anyone on CAG I will do so.

 

It was my pleasure.

 

Now nip off down to Watson's and get a couple of pasties - bet their bakers could do a better job than Morgan's aka Hodsons. :D

Edited March 27, 2009 by Rhia

[lickthewallfatboy]

nice one PossVox

 

another one bites the dust!!!

[PossVox]

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

Edited March 27, 2009 by PossVox
typo

[FunkyFox]

Well done on this excellent result. They were so screwed you kind of wish that it got in front of a DJ so he could tell them what he thought of their 'methods'.

 

An excellent post here http://www.consumeractiongroup.co.uk/forum/show-post/post-1701510.html from x20 (where did he go, he is my hero!) about how to make a detailed costs application.

 

Its one way of going about getting costs awarded and helped me get costs (£500) on one case against me that was discontinued. Not for everyone but certainly worked for me.

 

Well done and best of luck with the costs, it may even pay for another break in Northumberland!. The more people that screw these ^&*%*%'s for costs the less likely they will be to try and screw us.

 

FF:)

[PossVox]

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

Edited March 27, 2009 by PossVox
additions

[PossVox]

Cheers LTWFB!!!

 

PV

[itsamomentintime]

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

 

after reading post#251 i would have made the same phone call! go Rhia!

[The GodMother]

Passvox

 

U can claim hours spent and other provable expenses, postage and packaging etc

 

Nake sure u claim at the LIP, litigant in person, rate of £9.25 an hour.

[PossVox]

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

[The GodMother]

no official letter u need to send one to the courts and one to claimant

[DonkeyB]

Now, if you were a real nasty person, you could decline their discontinuation and make them go to court! "Sorry, your honour, which payment were you referring to? Oh, that one I didn't actually do..."

 

Mischievous... but fun.

 

Naah - just do them for the costs. Look at this:

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1701510.html

[ODC]

Just a word of warning. Unless you hear OFFICIALLY in writing from the COURT then you should attend.

[PossVox]

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

[lickthewallfatboy]

nah

 

they wouldn't do a thing like that

[Rhia]

Poss Vox they could pull a fast one but they are on such shaky ground they would have a death wish if they did so.

 

HOWEVER ( a big however) it's not over until the large lady warbles her last so don't drop your guard or any action you may need to take until it is all signed, sealed and delivered.

[ODC]

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

Why are you doing the DCAs work for them. They are the ones who should be contacting the Court.

 

Poss Vox they could pull a fast one but they are on such shaky ground they would have a death wish if they did so.

 

HOWEVER ( a big however) it's not over until the large lady warbles her last so don't drop your guard or any action you may need to take until it is all signed, sealed and delivered.

 

Whilst I agree its unlikely they would be foolish enough to pull a fast one its not beyond possibility. They certainly would not be the first shower of s**t to tell a debtor they were not continuing and then seek a sneaky default judgement.