Warrant issued against Cabot Financials - Urgent Help needed

[PriorityOne]

Scroll down to the end of this post....

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html#post1869300

 

[jp2006]

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.

 

 

I think as the proceedings are already started I would need CPR31.16, please correct me if I am wrong? also do I have to sent it now to cabot or wait till I receive the court orders.

[mkb]

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?

 

No the SAR should only be to the OC

[jp2006]

No the SAR should only be to the OC

 

thanks

[slick132]

Hi jp,

 

As court proceedings have been started already, you would seek information using using CPR31.14.

 

See here - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

[jp2006]

Hi slik, in my case I issued a claim against cabot rather than them taking me to court. Do you think the CPR 31.14 still applies to me. If yes then should I be sending it to cabot or barclaycard?

 

thanks

[slick132]

Hi jp,

 

I've read back from the start of thread now and understand better. I'll back off and leave you to those better acquainted with Cabot et al.

[Brent-London]

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.

 

 

It appears they "got away" with it because your claim was ill-conceived in the first place and had no legal basis!

 

I'm no fan of Cabot, but unfortunately there is no basis for a claim against them in the County court merely because they do not comply with a CCA request. That's why it got set aside. Your "remedy" for failure to comply with a CCA is that any debt remains unenforceable during their non-compliance. It does NOT give rise to a cause of action itself!

 

I'm all in favour of people taking the fight to these companies - but it has to be on the basis of proper legal principles - otherwise, it just plays into their view that a lot of litigants in person just don't know what they are doing.

[jp2006]

I am still waiting for the court orders, once I receive it I will attach them to the post here for the SITE TEAM. thanks

[jp2006]

hi guys, I have received Court Order which says:

 

1. Judgement set aside

 

2. Defendant do file and server Defence and any counterclaim by November 2009

 

3. Upon receipt of a defence court shall send out an Allocation of Questionnaire

 

Any suggestions as to what else should I prepare for now?

 

Thanks

[Fester Tester]

I know I run a considerable risk in that I will probably upset somebody.

 

But why the heck would you initiate court proceedings WITHOUT knowing what you were doing?

 

As in, you try to take them to court FIRST, then ask for help LATER???

 

Hmmm. I'm not entirely sure you've done this the right way round.

[jp2006]

I know I run a considerable risk in that I will probably upset somebody.

 

But why the heck would you initiate court proceedings WITHOUT knowing what you were doing?

 

As in, you try to take them to court FIRST, then ask for help LATER???

 

Hmmm. I'm not entirely sure you've done this the right way round.

 

If you know what you are asking then what is the point in asking a stupid question?

[Brent-London]

If you know what you are asking then what is the point in asking a stupid question?

 

 

In support of Fester-tester - jp2006, you did ask for my advice on this too and I said your claim was ill-founded, without legal basis and should be dropped. But you chose to ignore that advice, so I'm inclined to agree with fester-tester. You really should have made sure you had proper grounds for the case before launching it.

 

My advice again: withdraw it now - you will certainly lose if it goes to trial. There simply is NO cause of action in the courts for failure to provide a document under the Consumer Credit Act. You can only use it as a defence to any action against yourself - "a shield but not a sword" in legal terms.

 

End of story. So save your heartache, time, effort and cost and withdraw it.

[jp2006]

In support of Fester-tester - jp2006, you did ask for my advice on this too and I said your claim was ill-founded, without legal basis and should be dropped. But you chose to ignore that advice, so I'm inclined to agree with fester-tester. You really should have made sure you had proper grounds for the case before launching it.

 

My advice again: withdraw it now - you will certainly lose if it goes to trial. There simply is NO cause of action in the courts for failure to provide a document under the Consumer Credit Act. You can only use it as a defence to any action against yourself - "a shield but not a sword" in legal terms.

 

End of story. So save your heartache, time, effort and cost and withdraw it.

 

 

Brent you are totally wrong, the claim was reiterated in my hearing in a very specified manner, which was noted by the DJ and stated that Cabot has not provided enough evidence to prove the Total Cost of credit, Admin charges etc....... And anyway I see your case is tubmling even you show all this so called legal knowledge.

 

I believe my case is NOT wrong and will pursue it further.

 

If you, fester or anyone else has any problems with that then leave my thread and mind your own business

 

I am here to get help and advice not to listen to people like you who think they are the judges of this forum.

[Fester Tester]

No, what you WANT is for everybody to dig you out of a very big hole. One which you seem intent on enlarging.

 

When there is no reasonable prospect of you winning, you refuse to accept constructive advice.

 

No doubt when it all goes pear shaped, it will be the fault of people here rather than the fact that you have gone into this with blinkers on.

 

As far as I can see, you are trying to take Cabot to court to punish them in some way. For what? How are you prejudiced by their failings? What is your basis for any damages? Specifically, what EXACTLY do you hope to achieve?

 

If you don't know the answer to those questions, or hope to "wing it" somehow, then you are in for a very big shock. And no amount of telling people to "get orf moi laaaaand" is going to change that.

 

Sorry if it's not what you want to hear. But if you don't want everybody having an input, including those who think you are being silly, you shouid either have not bothered starting the thread at all, or grow some very thick skin.

[jp2006]

No, what you WANT is for everybody to dig you out of a very big hole. One which you seem intent on enlarging.

 

When there is no reasonable prospect of you winning, you refuse to accept constructive advice.

 

No doubt when it all goes pear shaped, it will be the fault of people here rather than the fact that you have gone into this with blinkers on.

 

As far as I can see, you are trying to take Cabot to court to punish them in some way. For what? How are you prejudiced by their failings? What is your basis for any damages? Specifically, what EXACTLY do you hope to achieve?

 

If you don't know the answer to those questions, or hope to "wing it" somehow, then you are in for a very big shock. And no amount of telling people to "get orf moi laaaaand" is going to change that.

 

Sorry if it's not what you want to hear. But if you don't want everybody having an input, including those who think you are being silly, you shouid either have not bothered starting the thread at all, or grow some very thick skin.

 

Fester before going all "aaarrr" read the whole thread and then ask me questions in specific.

 

And if you think you can really help me then be a bit considerate knowing I am new to all this legal thing.

 

There is no point for people coming on this thread along just coz you have a bit more knowledge and shouting YOU WILL NOT WIN, WITHDRAW YOUR CASE etc......

 

I am happy to answer and co operate people who are determined to help and not wasting everyones asking me to withdraw.

 

My message is simple, I have gone so far and need advise from people, (may be like you) who want me to progress the case further rather than wasting everyones time telling me to withdraw.

 

Thanks

[Fester Tester]

OK, I'll play along.

 

But. At no point have you given any hint at POCs. You've merely said that you tried to take them to court, and so far, have failed.

 

Now, unless you are willing to clue anybody in on what exactly you were trying to achieve, you haven't a hope in hell of anyone being able to assist.

 

Now, if you were trying to get the agreement declared unenforcable, you have simply wasted all that effort and money for nowt. Since the documentation produced to date would preclude enforcement anyway, you would have nothing to lose by just waiting things out.

 

If you were attempting to force them to prduce an actual agreement, I would have to ask WHY? If they DID produce one, you would be the one in trouble, not Cabot.

 

If you were seeking damages for their failure to produce an agreement, you simply have no basis for those damages.

 

So now we have to ask; in what way have you been prejudiced by their actions? Certainly not because they have not come up with an agreement. In that sense, they HAVE complied with a CCA request, since they are only required to produce one IF ONE EXISTS. Since it is clear that one does not, and all they have is an application form PURPORTING to be an agreement, they have complied.

 

What else? Hmm. Well, you have almost certainly been disadvantaged if a default has been registered with the CRAs. So, you would need to issue Cabot with a Section 10 notice under the DPA, and tell them to remove the default. Once they refuse to cease processing your data, you would need to raise a complaint with the ICO.

 

It is unlikely however that the ICO would back you in this. Certainly in light of recent case law. But if they do, then you win without the need for court. However...

 

If, as I suspect they will, refuse to make Cabot remove the default then you would certainly need to go to court again. This time around, you would be claiming damages based on their default marker being unfairly prejudicial to you. To do that, you would need to show that firstly, the default should not be there (and you will have difficulty due to recent judgements), and secondly, you would need to prove exactly HOW you have been adversely affected because of the default. For instance, having to take out a loan at a higher rate of interest, or your credit card facilities being withdrawn as a result of the default.

 

I hope that makes things clearer.

[jp2006]

Thanks Fester, thats better. I will post in detail how it all started and where I am at the moment, so you should be able to provide me with more help.

 

Please bear with me.

[jp2006]

Hi Fester/Site Team,

 

In early 2008 I got in touch with Cabot whom I was paying them via a debt management service to provide me with a full statement of account. The outstanding amount told by Cabot was more than what was as per the debt management statement. I then started contacting them to provide me with all the documents and a full account statement to understand the actual amount.

 

For more than a year they messed around by sending me copy of application form and no account statement. I spent lots of money on postage and spend lots of time speaking to them but crapbot refused to provide me details.

 

I then took the case to Financial Ombudsman and they helped me initially but at the end they gave up as well. I then decided I had enough, I will take this matter to the court and get it resolved.

 

The particulars are mentioned in the listing. I know that they are not the best in the world and may be unclear to people but that does not mean crapbot can get away with it.

 

The case was sent to the court. Crapbot never filed an acknowledgement which led me to enter into judgement. crpabot then applied to set the judgement aside and the court order was issued.

 

While in the hearing which was when the defence was submitted by crapbot to set aside the judegment. I clearly mentioned to the judge that I am unable to clarify Total cost of loan, apr, bank charges etc. from what is so far provided. The judge was considerate as I litigating in person and make note of the above points.

 

Hope it should make more sense now to you. Let me know if you are not clear in any part.

 

Thanks

[Fester Tester]

Well, from what you have said above, I wouldn't even bother with court.

 

What I would do in your place, is stop all payments to Cabot, if you haven't already done so. And write to tell them that since they have failed to provide any sort of documentation that could possibly be construed as an agreement, and that they have failed to prove that you owe what they say you owe, you will no longer continue payments.

 

You should bear in mind that Cabot, irrespective of the rate of interest an OC would have levied, charge their own arbitrary rate of 12%. Which is fine if your interest rate was more than that, but absolutely naughty of them if you were paying less.

[jp2006]

Hi Fester, last year I was in process of getting a small flat for my self and this is when I realised I have to get everything sorted as soon as possible. I was more angry on cabot as they placed a default on my credit file and early this year it was removed (obviously they realised the matter is now in court). Now as the matter is in court I am sure to get the issue resolved.

 

I am not sure about the next steps, as to what all documents I should collect or how should I prepare more.

[Fester Tester]

As 42Man said earlier, you could try for the Deed of Assignment.

 

However, I'm still unclear as to what it is you are claiming for. Are you merely trying to get them to supply more than they have already, or damages, or what?

 

As it appears that Cabot have, and it is most unusual for them, removed the default from your credit files, I think you run a very serious risk of them defending anything you might throw at them by saying they are no longer attempting to enforce the debt.

 

But since you were trying to buy a flat, might their actions have prevented you from doing so? Or did you need to take out a mortgage at a much higher interest rate than you would have been able to obtain if you had no default on your file?

 

If so, then you might care to take a look at this case here...

 

RICHARD DURKIN v. DGS RETAIL LIMITED+HFC BANK PLC, 26 March 2008, Sheriff J K Tierney

 

Although the case was decided in a Scottish court, I believe it has also been ratified in England. Much of the case may have a bearing on your circumstances.

[Brent-London]

 

If so, then you might care to take a look at this case here...

 

RICHARD DURKIN v. DGS RETAIL LIMITED+HFC BANK PLC, 26 March 2008, Sheriff J K Tierney

 

Although the case was decided in a Scottish court, I believe it has also been ratified in England. Much of the case may have a bearing on your circumstances.

 

Scottish cases are not binding in England as Scottish law is totally different.

 

What do you mean by "ratified"? Do you mean it has been quoted with approval in and English case? If so, you'll need to quite THAT case, not the Scottish one. But it would only ever apply to the extent that it does not conflict with English law.

[Fester Tester]

I'll try to find the link Brent. My filing system has gone to pot when my hard drive fried.

[jp2006]

As 42Man said earlier, you could try for the Deed of Assignment.

 

However, I'm still unclear as to what it is you are claiming for. Are you merely trying to get them to supply more than they have already, or damages, or what?

 

As it appears that Cabot have, and it is most unusual for them, removed the default from your credit files, I think you run a very serious risk of them defending anything you might throw at them by saying they are no longer attempting to enforce the debt.

 

But since you were trying to buy a flat, might their actions have prevented you from doing so? Or did you need to take out a mortgage at a much higher interest rate than you would have been able to obtain if you had no default on your file?

 

If so, then you might care to take a look at this case here...

 

RICHARD DURKIN v. DGS RETAIL LIMITED+HFC BANK PLC, 26 March 2008, Sheriff J K Tierney

 

Although the case was decided in a Scottish court, I believe it has also been ratified in England. Much of the case may have a bearing on your circumstances.

 

I think Fester although they have been messing about, I will try to keep it simple like I did in my last hearing. I will contact the court today and see if crapbot has submitted their defence.

 

42man and now you have confirmed about the Deed of Assignment and I will try for it.

 

The only think I am not sure is to how this deed can make a difference, I mean if it says that crapbot took the account on one condition is that they will not provide any documents to the customers etc....I am wrong here then please could you explain a bit more as to what it means and what role will it can paly in my case.

 

Thanks