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

[gazhodge1981]

thanks Spam

what happens in a set asside hearing??

Does he need to take a defence with him or anything?

Edited September 2, 2009 by gazhodge1981

[Spamalot]

Yes, it would be advisable for him to have a 'defence' with him to refer to. and a copy for the judge and the other side if they show up..

 

This is a copy of a defence I intended to use at my hearing..

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/192275-ccj-interest-debt-15.html#post2381656

 

Fortunately, the other side backed down and I didn't have to use it.. but you may be able to edit it to suit your case.

 

Spam.

[gazhodge1981]

hehe thanks Spam

[gazhodge1981]

The plot gets better and better.

He has had a letter today from Morgan Solicitors - Cabot, with an application for a final charging order dated 10 days after I sent them A letter asking for all the info, the hearing is on the 7th October.

I take it they have carried on regardless with the judgement they have

Any advice on this would be great.

[bazaar]

Youve sent everything recorded delivery?

Looks like they are trying to push this before you can slap em down.

That application of theirs needs to be blown out of the water.

You need to file for a strike out.

Get as much detail as possible on this account also, if there are charges or fees, then that will be a counterclaim.

If there is a hearing date set for the Final CO, then you really must attend and point out the timing of their application is vexacious

[gazhodge1981]

Thanks Bazaar,

Everything sent to Cabot and there solicitors has been sent special Delivery sign for

I have requested all the information on the Account but all they could send me was a statement of the account which shows them adding 12% pa per month to the account. A statement of cost (solicitors fee's). A list of every time they did something to the account, i.e. telephone call by auto dialer. A witness statement from someone who works at Cabot and a copy of a case Akram vs Adam 2004. This is all they were able to send me from my request CPR 18 - REQUEST FOR INFORMATION letter. I have sent a SAR to Argos and MBNA but nothing back as yet. Do i need to send anything else to them,

[bazaar]

So agreement signed by you then? CPR them for this information . give them 7 days to respond

[gazhodge1981]

what agreement???

I have sent them a CPR request for information and I have said above what they sent me back.

Edited September 4, 2009 by gazhodge1981

[Spamalot]

The plot gets better and better.

He has had a letter today from Morgan Solicitors - Cabot, with an application for a final charging order dated 10 days after I sent them A letter asking for all the info, the hearing is on the 7th October.

I take it they have carried on regardless with the judgement they have

Any advice on this would be great.

 

Is the date of the application for a final charging order before or after the date of your dads set aside application?? Could the applications have crossed or does it look as if your dads application has 'spurred them on' to do something.

 

Also, where have Cabot applied for the final CO, is it at Northampton bulk centre or your dads local court?

 

If your dads application to set aside is being heard on 16th September, then it is before the hearing of their application on 7th October and if the CCJ is set aside they won't be able to get a CO...:-|

 

Spam.

[Spamalot]

Just to add,

 

I googled Akram v Adam and came up with this..

 

PART 13 - SETTING ASIDE OR VARYING DEFAULT JUDGMENT - Ministry of Justice

 

It seems this is what they will be using to justify opposing your dads Set aside.

 

Spam.

[gazhodge1981]

It Does seem the same Spam well spotted and it even says under 13.3 the defendant has a real prospect of successfully defending the claim it will be set aside, they cant produce any paperwork is a good start by what I have read.

As for the CO i sent them a letter on the 20/08 and signed for on the 21/08, the interim CO is stamped as received on the 17/08 and they then sent it to him on the 1/09, It is from them and not the Court, I will contact the court on Monday to confirm this.

Forgot to say They have applied for the Charging order in Blackpool

Edited September 4, 2009 by gazhodge1981

[Spamalot]

Good idea to contact the court... it looks as though they've squeezed your dads set aside hearing in before the CO one so that it can be sorted out first so you need to get a nice strong case together to prove your dad has a good defence up his sleeve.

 

You mention the Particulars of claim in post 8... Can you be more specific in what it says..?

 

Just type it out with identifying details removed and then we can take each point and make sure your dads defence covers it.

 

Spam.

[gazhodge1981]

The Particulars were the one's I put forward to set aside the judgement.

* The Summons was never received.

* without knowing about the Claim he was unable to file a Defence.

I will Scan and put on here the all the paperwork I have been able to get from the Court.

As for there Particulars they used the only thing I have is from the Bulk center.

It says :- The Claimant is part of the Cabot Financial Group and has purchased the debt(s) scheduled below. Despite requests for payment the defendant has failed to pay the sum of 5***.50 in relation to the defendant's ARG card, MBNA card, and the claimant claims: the sum of 5***.50 together with interest under section 69 of the county courts act 1984 and costs.

All of the above is all I have regarding what they used to get the judgement.

[gazhodge1981]

I am just wondering also as MBNA has paid the charges back on a LBA in March I think it was, are they claiming the wrong amount??? as they have included charges in what they are claiming??

[Spamalot]

Briefly, that POC can be torn apart... no mention of Assignment, default notices, how they reached the figures... arrears...agreement and is it relating to two agreements or is it that MBNA were servicing the Argos Card?

Also they would not be able to claim interest after judgement if the claim relates to a regulated consumer agreement...

 

Spam.

Edited September 5, 2009 by Spamalot
Spelling..

[gazhodge1981]

They have not been able to produce any of the above on request. It looks like 2 cards to me as they have separate ref numbers for MBNA and Argos.

To date Argos has not responded to the SAR request but they do have 25 days left

I will scan what I have and pop it on

[Spamalot]

On first sight it looks as though they are trying to rush this through the courts because their paperwork is definitely not 'up to snuff'..

 

I have never dealt with Cabot before and I don't know if you are aware of the way they work but it may be worth researching a few threads involving them to see what their 'claims' are like and how others have dealt with them in the past..

 

It seems strange that they are making one claim for two seperate agreements so that's something that definitely bears scrutiny... get as much info from your dad as possible cause you really need to get a nice 'belt and braces' defence so that if they wriggle out with one thing you can get them with something else..

 

I haven't too much time today, but I'll have a scout around when I can and see what I can dig up.

 

Spam.

[gazhodge1981]

Thanks for your help Spam your a star.

Above is what I have from the court.

[Spamalot]

That really is a rubbish POC!!... They've purchased some debts... hm... where does it say that it relates to anything your dad has signed and when???

Oh...and who did they purchase the debt from....and when were they assigned absolute???

 

Oh and when did they default your dad and for how much??

 

No wonder they're trying to tie this up with a charging order... seems like they haven't a leg to stand on... so unless your dad gets a judge with his wig on back to front he should be ok to get this set aside without too much trouble..

 

Make sure he has all the points covered with regards to why he is asking for the set aside.. I.e papers not served etc. as that is just as important as the defence..

 

Then I'll give you a hand later in picking out the relevant bits for his defence... which at the moment, without docs is leaning towards 'embarrased'.

 

Spam.

[gazhodge1981]

He doesnt have a default notice that I can see but i would think it must come with the SAR requests from MBNA and Argos.

Looking at the paperwork sent from cabot on a CPR request it says MBNA was purchased on 8th may 2008 and notice of assignment on 14th may 2008 for £3578.95

Argos - purchased on 2nd November 2007 and notice of assignment on 15th November 2007 for £1207.02.

That is what they have said but no proof provided of any of it.

I dont know when he was defaulted but will try to find out

[Spamalot]

The POC should really state all this info, and by neglecting to put it in Cabot have not played very fairly..

 

It should have something like by an agreement dated XX.XX.XX between MBNA and DAD... Dad defaulted on the agreement... a default notice was sent XX.XX.XX Dad failed to remedy the default... agreement terminated..

MBNA assigned agreement to CABOT on XX.XX.XX NOA sent to dad...XX.XX.XX... LBA....XX.XX.XX and so on... and in whatever order it happened... depends who terminated the agreement and when..

 

Without a valid default the agreement was terminated unlawfully and therefore should never have reached the stage of Court...also without a valid NOA Cabot would have no legal right to take the matter to litigation..therefore there are oodles of things that they have done wrong and not adhered to the rules.

 

If a default notice was sent, they have to prove that your dad received it, and that he was given sufficient time to remedy, and that the figures were correct. If there were unlawful charges included in the figures then that would render it invalid..

 

Spam.

[bazaar]

Just a small point here, have they produced any agreement? My earlier post wasnt that clear sorry. Also, you say youve SAR'd them and CPR requested. Is this for both accounts? The SAR should have gone to original claimant I think. But CPR they should provide you with what you asked for. Spam has pointed out a hell of a lot thats potentially wrong with their claim and they are definitely trying to push it through rather quickly to make it harder for you.

One biggy I can see is that theyve lumped 2 accounts together, I'm not too sure, but Ive read here somewhere that that isnt allowed.

They also obviously didnt produce any agreements at the first stage which IMHO the Judge should have picked up on, so its worth pressing this point as well.

[gazhodge1981]

I have sent SAR to the original creditors and the CPR to Cabot. As to date I have had nothing back apart from what I have listed above

Spam has pointed out loads and it does seem they are missing alot.

It's interesting regarding the two accounts being put together, I will try and find that out as that is a big one.

It makes you wonder what they did produce to get the judgement:p

[Spamalot]

It makes you wonder what they did produce to get the judgement:p

 

When a claim is put through Northampton CCBC they don't have to produce any documents.. thats why so many cases get as far as judgement which under normal circumstances would fall at the first hurdle.

 

Unfortunately there are too many people around who don't realise this and thats how the Likes of Cabot get their money.

 

Don't worry if you don't get sight of any of the documents you've asked for before the set aside hearing because your dad can ask the judge for an order to produce them..and if they haven't got them they'll just have to squirm..

 

If the debts have been assigned absolute, then Cabot should have everything relating to the accounts.

 

Your dad will also need to ask for the DEED of assignment to be produced to prove ownership of the agreeement/s if they ever turn up.... Cabot won't like producing this because they've probably only paid a few pence in the pound for the debts..

 

Spam.

[Spamalot]

Hi again,

 

Just thought I'd add this link as it may be of interest.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/153323-cabot-court-case-any.html

 

Spam.