Jump to content


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


PossVox
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4601 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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 by Rhia
spelling
Link to post
Share on other sites

  • Replies 298
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

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

 

Agree with ODC, phone the court asap, ask whether the court has received their Notice of Discontinuance.

 

Do we trust them? does anyone who knows them? NO!

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

Link to post
Share on other sites

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 :-)

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

Link to post
Share on other sites

You could always turn up anyway asking for a wasted costs order/expenses?

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

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

 

PV :-)

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

Link to post
Share on other sites

I'd just keep ringing the court.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

That's not fair on snakes!

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

Link to post
Share on other sites

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 by Rhia
Link to post
Share on other sites

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 :-)

Edited by PossVox
bad typing!

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

Link to post
Share on other sites

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 :-)

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

Link to post
Share on other sites

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 :confused:

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

Link to post
Share on other sites

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 :-)

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

Link to post
Share on other sites

Hi,

 

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

 

PV :-)

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

Link to post
Share on other sites

  • 2 weeks later...

Update:

 

Received this from Cabot:

 

Cabot-Response.jpg

 

Sent a Wasted Costs Order in today to their solicitors.

 

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

 

PV :D

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

Link to post
Share on other sites

And now this:

 

Cabot-DataResponse.jpg

 

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?

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

Link to post
Share on other sites

Well done ........... thread title amended and thread moved :)

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

"How do I...?" A Dummies' Guide to this Forum

FAQ

Forum rules

Cag toolbar

 

 

Please Donate if you can - help CAG help others

 

I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

Link to post
Share on other sites

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 :D

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

Link to post
Share on other sites

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.

  • Haha 1
Link to post
Share on other sites

  • 2 weeks later...

Absolutely brilliant!

Excellent result well done PV!

I am only just taking up the fight with these muppets please see my thread-any comments/help would be greatly appreciated:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/192874-cabot-direct-debit-cancel.html

 

Thanks,

Redletter.

PS Did you get the costs in the end?

Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...