Warrant issued against Cabot Financials - Urgent Help needed

[jp2006]

Hi

 

From almost a year I have been chasing Cabot to get me the documents under CCA. I also filed a complaint with FOS(Financial Omb. Serv.). I have to say I have wasted my time with FOS. Their advisor kept coming back to me advising the below:

 

1. Application form sent to me is the credit agreement.

 

2. Terms and Conditions sent to me with no dates are the correct t&cs which associate with the application form.

 

I finally took the matter to the court and eventually a warrant was issued against Cabot. I just found out that they have now filed the case against me in court. I do not have the full details at the moment.

 

I would need some help in finding out how can I deal with this issue. Will the court consider the following against Cabot:

 

1. Send letters with varying amounts on few occassions asking for money.

 

2. Harrassed me on the phone even when the account was in dispute.

 

3. Provided me with the Application form and forced me to believe that thats an agreement.

 

4. Forced me to believe that t&cs they have provided me were the correct ones even though there were no dates. Now they have corrected their mistakes by sending me the correct t&c s with dates.

 

5. Took almost a year to provide me with 2 out of 4 documents.

 

 

Any help will be really appreciated.

[ben1305]

do you have copies of everything they ever sent you?

Can you prove they were harrassing you?

[jp2006]

Hi

Yes I have copy of all the letters and if I di through my mobile bills I should be able to find some of their calls. One thing I will say that after a while they were hidding their numbers. Do you think this will a problem?

 

Thanks

[ben1305]

Do you have copies of any letter you sent to them? Also do you have proof of reciept?

One thing that would really help is if you record the phone calls. You DO NOT have to tell them they are being recorded!!!

[jp2006]

Hi Ben,

 

Thanks, would you be able to tell me about the process ahead?

[ben1305]

tbh i cant really but there are plenty of people on CAG who will be more than happy to help you.

[jp2006]

Hi Ben, I have not a heavy CAG user and would like to know if my thread is properly viewable, as it seems I can only see your comments.

 

Thanks

[42man]

What are the particulars of the claim ?

 

Did you see this thread ? - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/115280-useful-information.html

[jp2006]

Hi

After chasing Cabot for over a year and not getting any where with receiving the CCA documents, I filed a claim against them for a small amount. They never replied to it and finally the warrant was issues.

 

I spoke to Baileff who advised me that Cabot has filed a set aside judgement form and the case is sent to my local county court.

 

I am not sure how can I prepare myself to make sure that these despicable people from Cabot should learn a lesson by not treating people like s**t.

 

One thing I have learned from this case, whether its baileff or fos they both are well scared in dealing with Cabot. I had a really bad experience with FOS, where the advisor kept telling me the t&c's are correct and after fighting with FOS I got the actual t&c's. FOS advisor forced be to believe the documents were correct. On the other hand baileff went to Cabot and gave me the advise that its a really big company and am I sure that I have given them the correct details.

 

Anyway I believe now court should do the justice.

 

Please provide some tips in order to prepare my self.

 

Many thanks

[jp2006]

bump - any one for help

[jp2006]

could anybody provide any help or advise

[AA99]

Have your looked at and/or used any of these letters:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

also read this thread

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

[jp2006]

Have your looked at and/or used any of these letters:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

also read this thread

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

 

Thanks AA99, the issue is, I have a huge pile sent to me which has heading Application Form by County Court Bulk Center. This is sent by Cabot to set aside judgement against the Warrant I issued in the County Court.

 

Now I dont know which form to fill and reply to them. The number stated on the binded pile I have received states Cat. No. N244.

 

Please advise accordingly.

 

Many thanks

[jp2006]

Hi everyone,

 

yesterday was the day I was waiting for, CABOT sent their solicitors to court to submit the application to set aside judgement. There were few anomalies judge found in their defence and although the judgement was set aside CABOT now has to get the things right.

I will keep you all updated.

 

Any advise will be helpful

[jp2006]

anyone for any suggestions please???

[slick132]

Let us know what the judge's ruling says when you get it.

 

Then we can take it from there.

 

[jp2006]

Hi Slik,

 

Judge has set the judgement aside and advised us, due to the technicality of this matter this will require another hearing. We will be sent court order in three days and then cabot will have 14days from the date the order is sent out to sort out the issue or place an application. If cabot choose to submit an application (I dont remember the name of this application) then I will be sent allocation of questionnare to answer and return. These answers will then be reviewed by the judge and if he is not able to make decision on papers then will arrange another hearing.

 

Please let me know if I have understood the sequesnce correctly as they were use many technical words and I tried few times to get the simple explanation from the judge who was king enough to provide me.

 

Any suggestions

 

Thanks

[slick132]

Hi jp,

 

What you say sounds about right.

 

However, when you get the court's Judgement or Directions, come back and confirm exactly what is said.

 

Edited October 29, 2009 by slick132
typo

[jp2006]

I got the letter yesterday it says:

 

To the claimant

TAKE NOTICE that WARRANT in this action has not been executed for the following reasons:-

 

The judgement in your case was set aside by an order of the court and therefore no further action has been taken on this warrant. If you have not received a copy of the order it will be sent shortly

 

The warrant has been returned to the court which issued it.

 

The letter is from northampton county court. I am really angry about this, how can do this to me, I mean from more than a year I have spend time and money to get all the documents from crapbot on top of that they didnt acknowledge the debt, didnt file the defence and still got away with setting the judgement aside. I will take it as much further as I can, I will not leave these edits.

 

I have also sent them (crapbot) a Subject Access Disclosure letter yesterday which they should receive today. Let me see how they see that now.

 

Any advice will be helpful.

 

Thanks

Edited October 29, 2009 by slick132
please post carefully. CAG is responsible for libellous or defamatory comments

[42man]

Just another possible useful bit of knowledge here JP.... - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/120057-cabot-test-case-2.html#post2384353

[jp2006]

Thanks 42

 

Sorry to be a bit daft, but does the details mentioned about MBNA applies to barclaycard as an original lender?

 

They submitted Notice of Assignment but not Deed of Assignment, do you think this is something I can still ask from them?

 

Also one important thing which I noticed which made the judge a bit skeptical is when cabot's solicitor mention to the judge "Cabot only take benifits not burdens". Judge said are you sure and is this been test in the court. And th solicitor used some jargon but was not able to convince the judge on this point.

 

Thanks

[42man]

With regard to the 'burdens' then if it was me I would have challenged this statement in line with the Law Of Property Act....

 

Law Of Property - s136 Legal assignments of things in action

(1) Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice-

(a) the legal right to such debt or thing in action;

(b) all legal and other remedies for the same; and

© the power to give a good discharge for the same without the concurrence of the assignor:

Provided that, if the debtor, trustee or other person liable in respect of such debt or thing in action has notice-

(a) that the assignment is disputed by the assignor or any person claiming under him; or

(b) of any other opposing or conflicting claims to such debt or thing in action;

he may, if he thinks fit, either call upon the persons making claim thereto to interplead concerning the same, or pay the debt or other thing in action into court under the provisions of the Trustee Act, 1925

Rights and Duties

CCA74 s189(1)

“ creditor “ means the person providing credit under a consumer credit agreement or

the person to whom his rights and duties under the agreement have passed by

assignment or operation of law, and in relation to a prospective consumer credit

agreement, includes the prospective creditor;

CCA74 189 (1)

“ debtor “ means the individual receiving credit under a consumer credit agreement or

the person to whom his rights and duties under the agreement have passed by

assignment or operation of law, and in relation to a prospective consumer credit

agreement includes the prospective debtor

[42man]

And you could ask to see the Deed using CPR31.16 possibly although in your current position (in the middle of litigation) then this might have to be a separate action. - And when I say CPR31.16 I mean using this Civil Procedure Rule to get them to reveal the deed - this thread uses CPR31.16 but to get the agreement - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[jp2006]

Thats really helpful, I am feeling more confident now.

 

I have send them subject access disclosure letter by recorded delivery, I just want to ask if I should send a copy to the court as well? if yes then to my local court where my case is transferred or to northampton who started the claim.

 

thanks

[PriorityOne]

And you could ask to see the Deed using CPR31.16 possibly although in your current position (in the middle of litigation) then this might have to be a separate action. - And when I say CPR31.16 I mean using this Civil Procedure Rule to get them to reveal the deed - this thread uses CPR31.16 but to get the agreement - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

 

If I remember rightly, I think that a request is made under CPR31.14 after proceedings have been started.... but under CPR31.16 before any legal papers have been issued. If that's the case, then the template letter in pt's thread could be adapted accordingly.