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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Cabot and old citi loan- I want to do this right


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Cabot have just written to me today stating they have purchased a loan account I had with a bank. ( I wont say which one yet.) The account was for 15,000 made up of loan, interest and insurance and I have paid sparodically over a number of years £10 here and there during the harder times I had.

 

Knowing the way Cabot work I want to be able to keep them in my control rather than the way they tend to treat others so I am seeking advice on EXACTLY what procedures they and I should follow step by step.

 

The letter only states:

 

" The account you hold with xxxx bank was purchased by the cabot Financial Group. The outstanding balance is currently £15,000 (+- few pennies) "

 

The rest of the letter is just methods of payment and how good Cabot are understanding peoples circumstances - but nothing else other than please telephone us now.

 

Can someone tell me exactly

a) what documentation I should receive from Cabot

b) what I should receive from the bank and in what time scale

c) should I send a CCA to Cabot requesting deed of assisgnment / copy statements details of defaults etc

d) should I deny I owe a debt to Cabot and insist that NO defaults are added to my credit file and that No telephone calls are received.

e) any other information or guidance that anyone has to offer re procedures

 

I know from what has gone on the threads for Cabot bit parts of the above questions, but as this is a new situation I want to make sure cabot do exactly what they are supposed to do and respond in a way that keeps them totally at arms length and within my rights.

 

I would like to do this as soon as possible because Cabot will register a Default immediately they get the debt.

 

There were a few charges on the account which I haven't yet tried to recover but I could at a push state the account is in dispute but it's marginal.

 

Thanks

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a) see c

 

b) I would do a DSAR on the bank - you want full disclosure of all data.

 

c) yes - the CCA does not fetch up copy statements, only a breakdown of what is owed and when it was due to be paid

 

d) definitely do not acknowledge any debt to Cabot - they must prove to you that they have a legal right to be demanding money from you - yes you can insist that all contact is by letter - and that, unless and until they can prove they have a legal right to be claiming money from you, any default entered will by challenged by court action, and a complaint made to the Information Commissioner

 

e) if the account has any charges, then you are correct to say that the original debt is in dispute - however, to back this up you do need to issue the DSAR against the bank asap.

 

It is important to make them prove everything, and question anything that is out of the ordinary. Also remember that they will have paid a small amount for this debt, and they will be happy to get a small monthly payment - or a percentage settlement.

 

 

 

 

 

 

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Thanks Alan, Seminole has helped me on another part of this after I pm'd him some other part of it but I'll draft up a letter tomorrow and post it here for confirmation. I do not want these buggers down my throat without having all the precise ammo to keep them in order. Many thanks & good night!

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  • 2 months later...

Well Cabot have exceeded all expectation with the CCA requests and come up with Nothing at all ! The 12 and following 30 days have all passed and all they have sent me is a letter stating it might take 8 weeks so it's - Zilch!

 

Letters to Trading Standards for both my accounts with Cabot cos they have faffed up big time !

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sent a few letters to cabot but no reply by post. They keep ringing my wife and I up, I will not answer the phone because they have not written back to me, only telephone calls, i think it is called harassment, How do I stop them ringing me up?

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You send them this: thanks to HagenUK change it to suit yourcircumstances but start it off as " I am writing to formally request that all future communications with your company will be by letter ONLY as are my rights as stated below.

 

Dear

 

( I am in receipt of your letter of xxxxx 2006 and note its contents.

 

Despite your written undertaking contained therein to cease contact via telephone and your confirmation that I have ten days before your telephone procedure will be recommenced I have received two telephone calls this morning already.) these are hagens bits for his letter.

 

As I am sure you are aware Harassment of Debtors is a criminal offence in England and Wales under Section 40 of the Administration of Justice Act 1970.

 

Furthermore, continued telephone calls after the receipt of a request not to call may constitute a criminal offence under section 127 of the Communications Act 2003.

 

In addition every individual has a right to be free from harassment under the Protection from Harassment Act 1997.

 

The offence of causing harassment is arrestable under the provisions of Section 24(2) of the Police and Criminal Evidence Act 1984 and attracts the powers associated with such offences. Additionally Section 3 enables a person who is, or may become, the victim of behaviour prohibited by Section 1 to take civil proceedings against the perpetrator.

 

Further it is my contention that your company is in breach of the Office of Fair Trading guidelines on harassment.

 

As you have demonstrably failed to honour your written pledge I feel I have no option but to report your conduct to the relevant statutory authorities, including Trading Standards, the Financial Services Authority and the Office of Fair Trading.

 

If I should receive another telephone call from any person from your company at any point then I will be contacting the police to report the criminal office of harassment and will be naming you in my statement to the police.

 

I trust that I have made myself clear and that all future correspondence with your company will be in writing.

 

 

Yours sincerely

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  • 4 weeks later...

Thanks Alan,

 

Can I ask you for your take on this situation.

Cti finance( abbreviated so as to not be caught in ' Brians searches!) have sold a cc debt to Cabot. 'Legal Brian' @ Cti has written to me stating that the unlawful charges rendered on the account which they will repay will be sent to cabot ( albeit he has knocked a grand or so off - but that's another matter!). Cabot have not responded to my CCA request at all (over 1 month late) and the charges I claimed from cti far outweigh the debt sold to cabot. Now given cabot haven't responded to the cca what should I write to cti and what should I write to cabot?

 

There's another twist to this re the default but I'll come back to that later.

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I will avoid names as well.

 

This is a difficult one.

 

Assuming the debt was sold to the DCA, I would suggest that they now have no legal right to be chasing the debt. They have failed to provide the documents, and have breached the CCA.

 

However, that means the file would technically return to the original bank.

 

The original bank are entitled to offset any refund against a debt owed. Certainly you could not use the lack of contract argument against the bank to argue the debt doesn't exist, whilst at the same time trying to obtain a refund quoting an unfair term in that same contract.

 

Certainly, if the bank owes more to you, than the debt, then the refund has to come to you, since the DCA have no legal right to the money.

 

 

 

 

 

 

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Great, thats what I wanted to confirm and thats what I thought. I don't mind the debt going back to the bank as they owe me more than I owe them, it's was just the Cabot lot I want to deal with at present. They were really bad at the beginning and I seek a little retrospective ear bashing.

 

I have posted a bit on this next situation on maddyrose thread http://www.consumeractiongroup.co.uk/forum/other-institutions/11229-cabot-financial-6.html, but if I can get a sound and consistant response from the forum I want to take this next situation to the wire.

 

When cabot bought the debt they wrote to me under the name of Cabot Financial (Europe)Ltd saying they bought the debt. On the same day KingshillNo1 Ltd registered a default on my account in 2004. BOTH these companies are individual Ltd companies within the Cabot Financial Holdings Group Ltd but they are SEPERATE legal entities filing their own accounts, same directors, same address. Now how can one limited company write and say they own the debt and another - with no reference whatsoever to me, register a default for the same debt?

 

Equifax & Experian both say different things about who their client is. Experian said they didn't know a company called cabot and their client was Kingshill and equifax say cabot registered the default - so why does it say Kingshill on the credit file?

 

There are Data Protection Act issues of transfering data from one to the other, but I want to get to the bottom of why they do this in the first place. I have written to Kingshill asking them why their company has registered a default when I don't owe it any money or have any correspondance from them. I'll post back here with their reply.

I am not the only person to have this happen with defaults in the Kingshill No1 Ltd name but there's something fishy about it. I have spoken to the Information Commissioner re the Data Protection Act issues and that is being looked into but any ideas on this to help me nail these beggars will be much appreciated.

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  • 1 month later...

Update: heard nothing from Kingshill so another letter going off. Experien are now looking at my credit file and exploring the Kingshill / Citifinancial entries as both have defaults for the same debt, Kingshill showing £500 less than originally as Citi have refunded ( cabot?) them for my unlawful charges. Be interesting to see what they come back with.

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  • 1 year later...
  • 2 years later...

Well well my hearties, this began back in 2006 when I first posted this, but you will all be very happy to hear that Cabot and their in-house solicitors have made another of their gigantic cock-ups in litigating against someone they should have known better than to take on who was at the heart of the Cabot Fan CLub. This was classic Fan Club stuff, backed up by the skills and expertise of PT and a not half decent barrister.

 

If you read my first post you will see that I had a loan from a bank - it was Bank of Scotland and the loan was for £13,000 to which they added nearly £6000 in PPI.

 

Way back in 2006 my chums in the Cabot Towers bought this account and wrote to me - cock-up No1 It was a Joint account with my Other Half ! LOL (it gets better!)

 

They continued to write to me on occasion, but I wanted them to take the initiative and put this to the test - it took them a while.

 

Earlier this year they issued proceedings against me only and not before time. When they first bought this account from BOS I could have told them then that this account would never get passed the door because it was a multiple agreement and totally unenforceable take a look [ATTACH]23043[/ATTACH] Loan Unrestricted Use, Insurance Restricted Use Credit . It was only later I learned the PPI was mis-sold too, but that's for another day. This particular 'report' is to demonstrate how useless Morgans were in the way they carried out this litigation and how useless Cabot were for not checking this agreement before firing off the litigation process. How the hell no one ever noticed this was a joint account I'll never know, but that being the case they continued until WE reminded them to check it out. By that time they'd already issued the Particulars of Claim and to change them, which the particular solicitors (Ref: IL) had to do or go have a cuppa with Dean (Frank)Spencer and Peirs Morgan and forget the whole thing ever hit his desk.

 

I was on a CFA so he was looking at costs he'd rather not be looking at.

 

So, in the face of a superb defence submitted by the barrister Cabot had to either eat humble pie and start again and lose in court anyway or back-off. They took the sensible route and for a debt they probably paid max about £1800 for they settled to write the whole thing off and pay my legal bill which I understand cost them a whopping figure just under £20,000 :whoo:

 

 

So, take on the Cabot Fan Club eh Ken? it's currently, from my own estimates from my fan club chums 6-0 currently.

We've won 6, you've won none! :lol: that's without the thousands of others who have followed in our wake...(which contributed to your £17 Million loss last year I predict!) and I hear good ole PT hit them with another bill much the same as mine a couple of weeks ago again so Cabot - do your job correctly and people like me would be saved a considerable amount of time, so would you and so would the Rugby Club (Morgans) . If you checked out these accounts before chancing your arm attacking people when their agreements are totally unenforceable in the first place, then you wouldn't suffer the consequences. But I guess it's throw enough mud at the wall and some of it will stick most of the time isn't it....

 

Bring em on, the Cabot Fan Club are waiting and you have no idea how many of the cases you raise have a fan club inspiration behind them do you?

 

Sorry Cabot - another bad day in the office....? LOL

Edited by andrew1
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Well done Andrew.

Just out of interest did they ever manage to produce a CCA?

 

Yes, for what good it did them!...They should have read it first, analysed it and realised the consequences of trying to chase it. That's what makes me so mad about these people. Not forgetting of course that one should morally pay ones debt, but these agreements are put together by organisations, such as BOS who have legions of legal teams who should ensure their agreements abide by the law - the CCA which is in place to ensure fair play. Well they abused that so as a judge said to me once when I mentioned a moral obligation, she said " We are not here to judge Morals, we are here to judge FACTS!

 

Fact is that Cabot begin collection without any regard or sight of a document, it's just a list on a disc, name, address, Original Creditor amount, phone number - that's it, so they get what they deserve!

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Spot on Andrew, I'm about at the first step re Cabot where you were in 2006 and looking forward to taking them on (strange but true).

 

Good to see you cost those malingering miscreants a good amount of money.

I reside in Dawlish Warren but am not a rabbit.

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  • 5 years later...

Thought I'd like to give our experience of Cabot which ended yesterday in Court.

 

The first thing we knew was a Sheriff knocking at the door presenting us with a Court Summons from Cabot just before Xmas. We’d had no phone calls, letters, no previous contact whatsoever, it was out of the blue.

 

Their summons was for £5500. It turned out it related back to a Lloyds Bank PPI 'overpayment' from 4 years previously. We had 2 Lloyds accounts, had had several loans, credit cards, & when we received two differing amounts of PPi cheques we didn't think anything was unusual, in fact we paid off our Lloyds credit cards & bought a new fridge. One cheque was for £2600, the other £2300.

 

Quite a few months afterwards Lloyds said the 2nd payment was a mistake, they wanted it back. We told them to whistle, so they just invented an overdraft on one account to cover it. After 6 months of constantly hanging on the phone, getting £50 here & there as sweeteners, we spoke to one guy who 'sorted' it. He closed our accounts without warning & at the same time the only branch within 40 miles closed. We heard nothing more about the PPi overpayment. We kept all the letters as without an account number we could no longer get through on the phone.

 

From this £2300, Cabot’s court claim was for £5500!! As part of their evidence that we'd been apparently ignoring them, they enclosed a post office print out as proof of sending us a recorded letter. We got the Tracking reference & easily saw from the Post Office website that the letter had been returned to them & signed for 48 hours after they'd sent it. We mentioned this as part of our defence, which cost us £97 to lodge.

 

The Sheriff turned up once more last week to tell us Cabot’s solicitors had asked the Court to postpone the case, giving the reason that as part of our defence we had asked them for evidence of Lloyds transferring the debt. This was again untrue, so we challenged their postponement which cost another £47. (By the way, when he called, the Sheriff advised us the postponement was good for us as we now had time to communicate & reach a settlement!! No, really?)

 

We had 2 days notice of the hearing which was in a proper courtroom with all the pomp & circumstance. Cabot actually had a solicitor there, he read out his reasons for wanting the postponement. I finally got to have my say & refuted the reason he’d given for the postponement, saying we'd asked for no further evidence whatsoever.

 

I stated that surely before bringing the case they would have already been in possession of such evidence, the instruction from Lloyds surely was fundamental to their decision to bring the case to court in the first place. Eventually after several more responses to & fro, the Judge decided that he wouldn't allow the postponement & said the case should go ahead on the original date.

 

With that, Cabot’s solicitor stood up & said if the case couldn't be postponed then they would have no alternative but to withdraw, providing I agreed there should be no costs. The Clerk of Court & the Judge then had a meeting to decide whether the case could be dismissed given the case was purely about postponement.

 

To my relief they did dismiss the case. I objected to the dismissal on the grounds of the costs to us so far. The Judge asked what costs could exist given we'd represented ourselves. I told him about the Court Fees and he awarded us every penny.

 

A couple of things to mention. On the sheet which was 'proof' of posting the registered letter to us, there were several other peoples names & addresses, obviously in the same boat as us. Surely this is a disgraceful disclosure, can we hurt Cabot over this? I have the references regarding postage to these people. Should I also search the Post Office tracking system to see whether they had their letters or whether they’d been returned to Cabot as ours had been?

 

If we had received the letter, I’m pretty sure that one of the templates found on here could have stopped them in their tracks. Are they now employing tactics to make sure you’re not given the opportunity.

 

Does anyone know how we go about getting the costs back that the Court has awarded us?

 

Above is a brief summary of what happened, it wasn’t easy & there were many trips to the Court over the 2 months, it seems every moment of time off was taken up with these shysters. However, no matter what conclusion you feel has been reached, you must keep every scrap of paper, notes of things said during phone calls, names of people spoken to & times. They definitely hit us before Xmas as a tactic, people are busy & cannot dedicate the time & its not easy finding the funds to even lodge a defence.

 

But basically we’re just ordinary people, not academic, not administrative, struggle to get by each month, but please fight them as I think if you challenge they are already on the ropes.

 

Forgot to mention, these accounts were in my partners name. She couldn’t be in court (2 days notice!!) but the Judge was happy for me to conduct the case, I needed no proof of who I was. If you feel you cannot face up to it, perhaps see if a friend would help you out.

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