Cabot's Licence

[Guest Mrs Hobbit]

There is so much white data out there and some of it incorrect, but nevertheless it is there for all to see. How it is used is another thing. All our addresses, planning applications, minutes of the council meetings to discuss the planning applications is there for all to read. I put my postcode in, and found my house is worth a lot more than I thought, so if a charging was placed on my home and then a distress application was granted on this information, how do I fight it? It is erroneous information. I am sure my mortgage holder would love to know how much the house improved in value. I might even be able to raise a second mortgage if needed. Fat chance....

 

With the DCA's you have to fight cleanly (is this word known in the industry).

 

here's an aside which baffled a DCA. Those who know the Hobbits know the circumstances, but Mrs Hobbit was married before. The former Mr Hobbit died and was buried at sea, so I sent the DCA the latitude and longditude of his burial site and told them to address the correspondece c/o Davy Jones Locker. i even included the positional map from the ships computer and the depth of the burial. They had not done their search correctly and of course this was one of the things from that horrible time in our lives and they had the wrong person AGAIN. I love this when it is a DCA who has bought a lemon of a debt..

[ScarletPimpernel]

WE most certainly do SP.

 

However it is surely a tad ironic that people are asked not to reference these DCA directors' houses when they not only use every available method to identify people, they threaten to visit, actually telephone neighbours and discuss details with them, unlawfully record incorrect data with CRAs and - in the ultimate - they move to get Charging Orders over people's homes for what is often a statute barred or unenforceable or even a debt the person doesn't owe.

 

I well understand CAG must take the responsible line on this but, as I said before, it is a tad ironic.

 

The irony had not escaped me.

 

We should be in no doubt that the people behind the debt industry will use whatever means they can to protect their profits.

[DonkeyB]

WE most certainly do SP.

 

However it is surely a tad ironic that people are asked not to reference these DCA directors' houses when they not only use every available method to identify people, they threaten to visit, actually telephone neighbours and discuss details with them, unlawfully record incorrect data with CRAs and - in the ultimate - they move to get Charging Orders over people's homes for what is often a statute barred or unenforceable or even a debt the person doesn't owe.

 

I well understand CAG must take the responsible line on this but, as I said before, it is a tad ironic.

 

Indeed Rhia. We must rise above them. It's the only way to win.

[Rhia]

We must rise above them. It's the only way to win.

 

I do so agree with this. We need to use the force of the law to win against them and not stoop to dirty tricks or unwelcome behaviour. Just be persistent, proper and don't give in.

 

We should be in no doubt that the people behind the debt industry will use whatever means they can to protect their profits.

 

SP - absolutely. There is big money in profiting on the proceeds of people's misfortune and debt and we need be in no doubt that when the stakes are high it will attract some unsavoury characters who will stoop at anything to ensure the cash rolls in.

 

I believe that truth and justice will prevail.

[Pinky69]

We don't need to stoop to their level. The law is on our side and there for us to use. Difficult though it is, I believe we are winning the battle, slowly but surely. The DCA accounts quoted recently have all been multi-million pound losses and that continues - no small achievement for us and other sites. They are fighting dirtier than ever because of it and that is just a reflection of how the good days are over for them and they don't know what to do about it. They are wasting more and more money on phone calls, letters and man hours. They are going to court and they are losing - and the OFT is about to bring in even more regulation, about the documentation they must have to pursue debts. We are doing well and we just need encouragement to keep it up. The OFT are beginning to listen to us - Cabot, Ruthbridge - no automatic renewal of licences - and Capquest are being investigated for sending out SDs. It has been slow but the worm is turning.

[pmhcfc]

The irony had not escaped me.

 

We should be in no doubt that the people behind the debt industry will use whatever means they can to protect their profits.

 

My point was a simple one...I have the info, all found as easily and as quickly as you like...Doesn't mean I'll post it up here, just that I have it.

[sir fussalot]

I totally agree.........

 

 

We cannot and must not go down to their " Sneaky tricks".

 

Should we start going down that route, ( much as it may be tempting to do so ).

 

Then there are no longer any "sneaky tricks", as it then becomes "Fair Game" for both sides.

 

With proper thought and facts, their "sneaky tricks" will ALLWAYS

 

be shown up in the courts.

 

Whether the D.J.'s will take heed is another matter.!

sir Fussalot

[andrew1]

I totally agree.........

 

 

We cannot and must not go down to their " Sneaky tricks".

 

Should we start going down that route, ( much as it may be tempting to do so ).

 

Then there are no longer any "sneaky tricks", as it then becomes "Fair Game" for both sides.

 

With proper thought and facts, their "sneaky tricks" will ALLWAYS

 

be shown up in the courts.

 

Whether the D.J.'s will take heed is another matter.!

sir Fussalot

 

You're quite right, but Martel's experience is classic LIP against Morgan/Cabots Barrister and a judge.

 

No matter what you read on CAG, what you learn about the CCA, what confidence you think you have or how tight you think your witness Statements and defences are, there is NO SUBSTITUTE for getting your own representation in court - the Judges and barristers are all one of the same - that is not a cheap sweeping statement these people are all professionals, doing this job day in day out and many know each other as they see them in the courts all the time - they know how the system works, what Judges like Rankine or think everyone of us are rogues trying our damnedest to get out of paying our dues because we have learned it off the internet.

 

I cannot emphasise enough how important it is to get a GOOD solicitor and a decent barrister if you think you have a case, because Cabot/Morgans will continue to gain victories like Martels with thousands of us by using their well heeled methods when they are totally wrong to do so and when thousands actually have a bone fide case. Once a Judge writes you off after a few minutes in a court room it doesn't matter what you say or produce, he'll dump it anyway. I think Martel has an interest rate issue - shown as 12% should have been 6.5% or something like that, well I was under the impression that if an APR is out by 0.1% then the agreement was unenforceable yet this judge he had lumped it all together and still chucked him out and awarded costs against him - I SHOULDN'T HAPPEN!!!

[cymruambyth]

In Martel's defence, they did have a no win no fee solicitor who dropped them the week before the first case.

People should ensure that if they do use this route that they have some form of contract, part of Martel's problem seemed to be that they couldn't prove to the DJ that they had solicitors who had pulled out at the last minute and thus adjourn the case.

[Guest Mrs Hobbit]

I have by passed the solicitors, and gone straight to Public Access barristers. Funny thing is one letter from the barrister and the DCA's have backed off and dropped the case. They look over the paperwork and remeber you have done most of the work so the fee is a lot less, and if you are prepared to do the clerk's work and get the stuff they need, you get value for money and the end cost is awarded back to you if you end up before the DJ and win. We learnt that one with Rhia's case. Cabot thought they had it in the bag, until a certain barrister turned up. CFC turned out to see the action and boy was it good to see Cabot's representatives want to negotiate and Rhia got her costs back, it was ratified before the DJ and signed off.

[sir fussalot]

Hiya.

 

Is the public barristor access what it "says on the tin"

 

will he cast his eye over your case and give an opinion?

 

If so how do you start.

 

and how much does it cost?

 

 

fussey

[DonkeyB]

Obtuse question/bad joke: Do barristers make good coffee?

 

That aside... general query re Direct/Public Access. Is there a danger that by not underpinning what may be a long-term legal fight with the (less expensive) services of a solicitor, you end up having to go back to the drawing board after each fight?

 

I understand that Martel has been put in a difficult position, but I think using a DA barrister should be an option of last resort generally. I was in a position once where I needed a DA (didn't need to in the end), and the DA actually suggested I get a solicitor on board as general advice.

 

Maybe someone like pt2537 can tell us if DAs are like buses... and if non-DA barristers are also like buses! I suspect they may be, but a solicitor can hopefully slim down the workload for the barrister and save money in the long term.

 

I think people on CAG may be more prone to needing DAs because we sometimes foolishly think we really can do it all ourselves. As I've heard others say, there comes a point where there is no substitute for proper legal representation.

[Guest Mrs Hobbit]

It is what it says on the timn. he will look at your documents, check things and tell you your chances and if you should tweak things, he will represent you and if it takes him ten hours the fee will be the basic hourly rate x 10+VAT, which you do have to pay upfront. JG and DB charged £175.+VAt an hour, knowing if you win you will get this money back is good. So far it's been a win win situation for us. They are brutally honest as they wont waste your time. CFC are good with research, so we have worked as a collective for each other and when the Barrister needs something he lets the person know who has engaged him, and away we go and search out any and all references required we have been told we are better than a lot of instructing solicitors. No we are not solicitors at all, just lay people and help each other, this is how we became the Fan Club. United against Cabot. Along the way we discovered so much about White Data.

[Guest Mrs Hobbit]

Donkey, a solicitor should do the leg work for a barrister, but the barristers we use know how the Fan Club operates and we are thorough and provide what is needed almost immediately. I have the Bible regarding the CCA...have a stray copy of the beloved White Book the solicitors love to carry into court and some of now have our laptops loaded ready for the court room. if the other side can do it, so can we. Once in the Court room your barrister does the work for you. yes they do make good coffee. Just don't use Dizzy, a barista in a certain coffee lounge by mistake

Edited June 15, 2010 by Mrs Hobbit

[DonkeyB]

Christ on a bike, a hobbit talking to a donkey about barristas...

[Martel]

You're quite right, but Martel's experience is classic LIP against Morgan/Cabots Barrister and a judge.

 

No matter what you read on CAG, what you learn about the CCA, what confidence you think you have or how tight you think your witness Statements and defences are, there is NO SUBSTITUTE for getting your own representation in court - the Judges and barristers are all one of the same - that is not a cheap sweeping statement these people are all professionals, doing this job day in day out and many know each other as they see them in the courts all the time - they know how the system works, what Judges like Rankine or think everyone of us are rogues trying our damnedest to get out of paying our dues because we have learned it off the internet.

 

I cannot emphasise enough how important it is to get a GOOD solicitor and a decent barrister if you think you have a case, because Cabot/Morgans will continue to gain victories like Martels with thousands of us by using their well heeled methods when they are totally wrong to do so and when thousands actually have a bone fide case. Once a Judge writes you off after a few minutes in a court room it doesn't matter what you say or produce, he'll dump it anyway. I think Martel has an interest rate issue - shown as 12% should have been 6.5% or something like that, well I was under the impression that if an APR is out by 0.1% then the agreement was unenforceable yet this judge he had lumped it all together and still chucked him out and awarded costs against him - I SHOULDN'T HAPPEN!!!

 

Hi Andrew,

 

I think you might have missed the fact that my LIP appearances in court were not voluntary - I lost representation 3 days before the first hearing and DJ would not grant an adjournment unless I paid legal cost for the day. I think the word is 'blackmailed'. The court somehow failed to process another app for adjournment in a timely fashion but the DJ failed to acknowledge the court's incompetence and again I was blackmailed into proceeding when everyone knew I wasn't prepared.

 

Since I believe the DJ has made errors on points of law, am hoping my N460 will led to an appeal.

 

I agree, get representation. And a contract for it.

 

Martel

[Guest Mrs Hobbit]

Christ on a bike, a hobbit talking to a donkey about barristas...

 

Donkey, anything is possible...

[DonkeyB]

I would aver there are some aspects of Cabot's claimed 'ethical' approach that would fail, IMO, to strictly fall into that category...

[cerberusalert]

Blimey, have you seen the cost of the White Book 2010

The White Book Service 2010

Editors Lord Justice Waller, Professor I. R. Scott et al

Publisher Sweet & Maxwell

Products White Book 2010 Print Vol 1 with Forms CD £360+VAT

White Book 2010 Print Vols 1 & 2 with Forms CD £465+VAT

White Book 2010 Print Vols 1 & 2 + full Civil Procedure CD £539+VAT

White Book 2010 Network CD per user £135+VAT

[Guest Mrs Hobbit]

CFC have access to all sorts of things. You have to keep up with things. i decided to get the White Book after one of Cabot's legal people fronted up in Court out in the Shires with his White Book, the Judged looked at him and asked him certain questions, the White Book didn't have the answers we did and the Judge asked me to recite Section 89 of the CCA chapter and verse, he went away and researched it. Ah, Rhia and I walked out of court that day with smiles over our faces. This Judge was such a help to us.

[Rhia]

DonkeyB going back to the DA barrister. It was the best thing in the end as I had spent all the cash I had on a solicitor (a good one allegedly) and they just wanted more and more money and no end in sight.

I guess you have to weigh up what is the best for your own case but I wouldn't hesitate to use a DA barrister again.

They used to charge between £100 - £120 an hour which seems high but they may only need a couple of hours to read the papers and give opinion.

[andrew1]

Hi Andrew,

 

I think you might have missed the fact that my LIP appearances in court were not voluntary - I lost representation 3 days before the first hearing and DJ would not grant an adjournment unless I paid legal cost for the day. I think the word is 'blackmailed'. The court somehow failed to process another app for adjournment in a timely fashion but the DJ failed to acknowledge the court's incompetence and again I was blackmailed into proceeding when everyone knew I wasn't prepared.

 

Since I believe the DJ has made errors on points of law, am hoping my N460 will led to an appeal.

 

I agree, get representation. And a contract for it.

 

Martel

 

You're quite right, I did miss it - apologies. You certainly do yourself credit (no pun intended:D ) with your preparation though and those chambers Mrs Hobbit has recommended I have used myself - very good. It's not cheap getting these people on board, but believe me they cut to the chase and you have good professionals knowing the way the system works there with you. PT has recommended a good one too.

 

Let's hope your journey through the legal system experiences improved results for you, it really is tough for the LIP especially since the likes of Rankine's and the CMC's have brought the whole process into the limelight with these Judges. We all get tarred with the same brush don't we as LIP's?

 

Good luck.

 

andrew1

[Pinky69]

We are immune from Cabot in Scotland. They changed the rules in January and now if a bank/DCA wants to take you to court they must submit the original agreement when they submit the case. The courts got fed up with DCAs wasting their time. I taunted them with it knowing they could do nothing about it because I am thoroughly evil.

[Seminole]

We are immune from Cabot in Scotland. They changed the rules in January and now if a bank/DCA wants to take you to court they must submit the original agreement when they submit the case. The courts got fed up with DCAs wasting their time. I taunted them with it knowing they could do nothing about it because I am thoroughly evil.

 

An extremely sensible move which should be copied south of the border.

[Guest Mrs Hobbit]

Pinky that is cruel, we still have to get these DCA's south of the border shipshape. If the Govt got some backbone they would make it happen down here