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

[Rhia]

Re the MBNA notice of assignment. Another CAger received one of these AFTER Cabot agreed to discontinue their case at court. MBNA had actually served this notice three years previously. Upon making an official complaint the CAGer was told by MBNA that Cabot had requested it and they were obliged to send them a copy too.

If this doesn't get thrown out also ask for a copy of the Sales Agreement between MBNA and Cabot.

Yet another CAGer had the case against them by Cabot (OC MBNA) discontinued earlier this year. It too was where they were trying to collect on statute barred claim where they claimed the CAGer had made a payment one day before it was SB. Judge thought it was v dodgy and demanded evidence but they just dropped it.

Just keep on you're doing the right things. AND keep your MP informed. Good luck.

[Rhia]

Hiya...just on my way out and not had time to reappraise myself of your case but I had a run in with MBNA and Cabot. Don't panic. Use the cpr rules to get any info from Cabot. If you haven't SAR'd both MBNA and Cabot do so now - just to see what this says.

Will PM you when I get back. And do not panic at all. This is rowlocks.

[Rhia]

If this goes to court properly (and the Judge doesn't throw it out when he reviews it) use the CPR rules to get a copy of the sales agreement between MBNA and Cabot as this may well throw up some interesting info.

 

We're all with you. For now we await the Judge's decision.

[Rhia]

Yes the letter is proof they have no CCA and as the account should be on hold they are being vexatious and are guilty of harrassment by starting this action.

I would also send a letter to the OFT outlining your problem - even though it is not yet resolved.

Is the solicitor Hodson's or the newly reborn Hodson's AKA Morgans. This bunch of pseudo lawyers need to get a grip.

[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?

[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.

[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

[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.

[Rhia]

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.

 

I absolutely agree ODC ...you can never be too careful. Keep your eye well and truly on this particular ball.

 

Also drop a line to the OFT. Link below shows they are onto the Charging Orders business now and I am pretty sure that's what Cabot were up to with you. I would complain to the department named in the link and c.c. to the Credit licensing dept at the OFT - you should find an email address on their web site. If not just send in the mail.

The Consumer Forums - Announcements in Forum : Debt Collection Industry

 

The OFT has just stuffed the DCAs issuing of Statutory Demands and given First Credit and almighty rollicking they are now turning their attention to the abuse of the Charging Order. If they keep this up these bottom feeding DCAs will soon be out of business. We can only hope.

Edited March 28, 2009 by Rhia
spelling

[Rhia]

I agree to keep an eagle eye on the schmucks but the Notice of Discontinuation will also go to the court so they can vacate the date of the hearing.

 

Hodson's will have called you on Friday to say it was happening. Their letter/notice of discontinuation should be here today; tomorrow at the latest. Keep it and the envelope. Let the court have a copy of the notice without delay.

 

Do not halt any action until you have the actual Notice.

 

However - in my experience with Cabot/Hodson's AKA Morgan's - once they say they are discontinuing they do actually do so. After all they have utterly failed to frighten you into a last minute offer. They know you have rumbled them. Evidentially they are up sh1te creek so why carry on? Plenty of unsuspecting people to frighten (until they find CAG that is).

Edited March 30, 2009 by Rhia

[Rhia]

Marvellous PossVox...just listen to them squeal!

[Rhia]

Hi Poss been away a few days. This last letter is gibberish of the highest order.

They admit they don't have any agreement or other paperwork which gives them the legal right to process your personal data.

Therefore they have unlawfully been reporting adverse material to the CRAs between 2000-2006. A complaint to the ICO I think.