Major Help needed with Cabot and CCJ**WON** Case dismissed

[r&b]

best of luck Gaz

[gazhodge1981]

3pm, we are leaving at 2pm and the court is 5 minutes away.

[Spamalot]

Fingers crossed..

 

[gazhodge1981]

show off lol and Thanks

Edited September 16, 2009 by gazhodge1981

[Spamalot]

 

Just a reminder... make sure dad has pen and paper to jot down any directions given by judge... If the set aside goes to plan he will probably give a date to file and serve the defence... normally in about 28 days as that's what he'd have if he'd received the claim form originally... but it's well worth taking notes so you can keep to the deadlines if for any reason the orders given by the judge take a while to come through from the court.

 

Spam.

[gazhodge1981]

Ok just to let everyone know that the Judgment was set aside

The Judge allowed me to speak for my Dad and was great to talk to

He has ordered that he has 14 days to file a defence so 30/09/09 4pm.

Cabot sent a solicitor who seemed to be at the court doing a few cases in one day.

Once in the court we sat down and he want through the claim and asked if he owed the money which i said that he didn't owe the money to Cabot which he was happy with. he then asked them about the notice of assignment which she said they had a witness statement to say it was sent but she did not have it or could prove it was sent and received. She then shot her self by saying that the address they sent it to was misspelt at which point he ordered it to be set aside.

The Judge said that he couldn't give directions as the solicitor was an agent for Cabot and didnt have contact with them, he was making excuses for her as it was getting a bit embarrassing for her as she had nothing

the judge has copies of the defence I used and the CPR letter and has ordered the Charging order application to be removed

The Judge did say that looking at what was asked for and supplied that he has a good chance of winning when it goes to trial.

The Next step is to get a defence sorted in 14 days, as thats what he gave us

[Spamalot]

 

Well done... a big pat on the back to you and your dad...

 

Don't worry about the defence tonight... just celebrate... we can get that sorted over the next couple of days... it won't be much different to what you submitted today, just a bit more involved and case law to back it up.

 

There's even a chance that Cabot will discontinue now that they've lost the judgement and it will be an uphill struggle for them now to get it back...

 

Well done again, you did good.

 

Spam.

[bazaar]

Excellent news, very well done to both you and Dad, one in the eye for Cabot:p.

Now a nice long drink tonight, then your defence.

[AndyOrch]

Well done Gaz;)

 

 

Regards

 

Andy

[r&b]

really well done. very pleased for u both.

[gazhodge1981]

I couldn't have done it without the help I have had :o

Thank you so much

[gazhodge1981]

Ok got some stuff back From MBNA, again like Argos they seem to be missing a fair bit off the SAR request (current letter on the forum).

This is the copy of the original signed agreement from MBNA they are telling me.

[gazhodge1981]

They have also sent in the pack a letter but could only send the current terms and conditions.

One thing that is interesting is that they have put his name and a/c number on the current agreement.

They also sent it Special delivery- there is a first time

[Spamalot]

Hi Gaz,

 

That 'agreement' doesn't look to be too good... what is that 'signature strip' attached too? It's obviously been cut off so it's not 'within the four courners' of any document that I can see..

 

I think It's safe to say in the defence that you haven't received a copy of an enforceable agreement and put them to strict proof that it exists..

 

We'll have to crack on with the defence this week... are you ok doing it or do you need help?

 

Spam.

[gazhodge1981]

Hi Spam,

 

Looking at the agreement, all they sent is the cut off, the signature is outside the strip. there conditions are on the back (second scan) which makes me think it might have just been a letter that has been cut off.

Thinking of the defence I think it is looking like everything we asked for on the CPR 18 letter, they haven't got as both MBNA and Argos cant produce:-

Notice of assignment, Default notices, agreements with T&C at the time of the agreement, notice of termination. no LBA.

I think one thing that sticks in my mind is that Cabot also spelt the street address wrong , as soon as the judge knew that and they couldn't show a notice of assignment he set it asside. I think with this in mind there is no way they could show they have sent anything.

I think putting them to strict proof on all the missing documents is a good idea.

One question I do have is that if they turn up with the documents in court after they were requested can they use them??

 

Any help Spam would be great as I am not to sure regarding Case Law or how to put a defence together.

[Spamalot]

Hiya... If they were cheeky enough to show up at trial with any documents that you had asked for and they hadn't previously produced then they would be in deep do do with the judge and you would have to request an adjournment... but I think it's highly unlikely..

 

I'll give you a hand with the defence... it'll probably be very similar to the one I intended to use..

 

Spam.

[gazhodge1981]

Thanks spam,

 

I think i have everything they havent produced above, but i will double check.

[gazhodge1981]

Ok got the Paperwork from the Court today

 

[Spamalot]

Hi Gaz,

 

Loveley to see it confirmed in writing isn't it.. I shall try and sort out your dads defence today or at latest tomorrow hope thats Ok.

 

Spam.

[gazhodge1981]

That would be great Spam

 

It is great to see it and hold it

[Spamalot]

Hi Gaz,

 

Here's the defence.. it's been altered from the one FG did for me... make sure you go through it properly and put the correct dates in etc. You also need a counterclaim but I'm not too sure on those so I'll have a look round and see what I can come up with..

 

Spam.

 

BTW don't forget to head it up the same as the set aside one i.e case number, claimant defendant etc.

gaz Dad Defence.doc

[gazhodge1981]

thanks Spam,

 

That is great Work

I have just a few questions about the defence :o

What documents would need to go with this, do i need to supply copies of the case law in the defence.

 

Thanks spam,

[Spamalot]

You shouldn't need anything else at this stage.. you just need to file the defence at court and serve a copy on Cabot by 30.9.09 as per directions of the judge...

 

After that's done your dad should receive an Allocation Questionnaire from the court ... when you get that let us know and I'll try and enlist further help as I didn't get up to that bit.... (although it looks like I'm going to now 'cause my lot are playing silly beggars. )

 

As I said, hold fire on sending it anywhere at the mo as we need to sort out the counterclaim.

 

Spam.

[gazhodge1981]

ok thanks spam,

 

there is a week till it needs to be in so will not put it in till tuesday/wednesday.

Do I send cabot a copy or do i give a copy to the court from them to do?

[Spamalot]

You have to send the defence to Cabot... when it comes to it, leave it as late as possible and then send it Guaranteed Special Delivery on the 29th so it arrives dead on the 30th and they have to sign for it..

 

Spam.