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Cabot has stay lifted after 18 months- urgent advice needed please

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Hi Mr Mould,

I hope you are all well. I have started drafting my statement to set out the prejudice I have suffered due to the claimant inordinate and inexcusable delay etc, I am finding it a struggle piecing all the bits of advice together and putting it in the right order, (my head is banging) this is to support my strike out application, I am hoping to get most done by the weekend, I was wondering if you would be kind enough to go over it for me to make sure I am not incriminating myself and maybe give it a bit of a polish? We would be very grateful.

Another point, I have noticed that they claim one of the accounts was sold to Kings Hill No1? I thought I read that company folded? If it did surely any assets they owned would have been wound up, would there have to be another assignment from Kings Hill to Cabot, and can Cabot issue a claim in their name for a debt they claim Kings Hill bought?

All opinions welcome

Kind regards

Bernie

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Good evening Mr & Mrs B

 

Yes, when you have drafted your statement, post it up for review (hopefully other members will also have a look-in for you too).

 

As far as assignment is concerned, if Kings Hill owned the title, then yes, there would need to be another assignment between two said companies, Cabot must produce the evidence (the DEED) to show they own the title.

 

When do you need to file/serve you statement by?

 

Kind regards

 

The Mould

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Another thing Mr B

 

Telephone the court (on the morrow, if you can) and find out if the claimant has actually filed the AQ.

 

Kind regards

 

The Mould

 

PS. Going off-line for a little tea break

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I am hoping to get the draft statement done by Saturday, so will post it up then, I then have a week to see if I get a reply from the Ombudsman to see if they can add anything, I have just discovered my debt counsellor retired last Xmas so I cannot rely on him now or any documents he may have had, he was the one who said leave the ball in the original creditors court re my complaints of unfair charges and irresponsible lending as they were not pursuing me for any debts (let sleeping dogs lie) and phase out the £1 p/m token payments. It seems you have 6 months from the final response to a complaint to take it to the Ombudsman, so I have never had a final response, also if Cabot dont own the debts then the original creditors are still responsible for their agents actions, I believe they were sold to collect only, the original creditors have had 5 years to bring an action, Cabot is trying it on, they would need the creditors consent to issue a claim and it should be three seperate claims, each in the creditors own name with Cabot as a party to it? I am advised to rest up next week, I am going numb down one side and my hearing is going, stress is the worst thing for my condition, wish I could switch off, there is so much at stake here, our home potentially.

Thank you very much for helping us

Bernie

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Back again Bernie (and Mrs B also of course)

 

Bernie forgive me for asking, do you suffer from Multiple Sclerosis - Secondary Progressive or another like Auto Immune disease?

 

Here is a Judgment handed down by the Court of Appeal last year, 135 para spread over 45 Pgs, this Judgment is loaded with references on the law of assignment, the case itself is not a comparator for your circumstances, however, you should find that by reading this case you will become learned on the subject of Assignments, this may help you to draft your defence in respect of your arguments relating to assignment of your contracts.

 

Roberts (FC) (Appellant) v Gill & Co Solicitors and others (Respondents) [2010] UKSC 22, on appeal from: [2008] EWCA Civ 803.

 

The above Judgment given on 19 May 2010, the case was Heard on 22 and 23 February 2010.

 

Very good reading, it will give you a greater understanding on the assignment issues of your case.

 

Kind regards

 

The Mould

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Thanks, can I get that judgement be online if I Google it?

I suffer from a condition called "chemically induced adhesive arachnoiditis" it can be very similar to MS in many ways, and triggers auto immune disease.

It was caused the negligent over administration of a highly toxic iodine radiographic dye, injected directly into my spinal fluid, they then tip you upside down so it goes into your brain, one dose can cause this condition, however, in my case, they had problems getting the needle into my central spinal canal, resulting in several “bloody lumbar punctures”, when they managed to get the dye in the x-ray machine malfunctioned, I was then kept in hospital and they repeated the procedure resulting in an overdose resulting in “chemical meningitis” its more toxic when mixed with your own blood. Of course I was kept in the dark for years “a cover up” the dye which remains circulating your spinal cord and brain cause an inflammatory response, which causes a build up of scar tissue, which strangle the nerves, and causes the lining of the spinal cord and brain to stick together blocking the flow of spinal fluid, like when someone puts their foot on a garden hosepipe, pressure builds up and it blows off at the tap, with this the pressure goes to the brain, raised intracranial pressure, causing severe headaches, the condition causes all sorts of pain, burning pain, strange sensations, and malfunction throughout the body, exertion and stress, cold weather all makes it worse because all the brain signals are trying to get through damaged wiring (nerves) the scarring strangles the nerves and causes them to clump together. That’s how we got in debt, just trying to get a diagnosis, I had to get the worlds leading expert over from America to diagnose me and offer to be my expert witness, but sadly my solicitors just could not make that application to admit my evidence, leaving us with debts around £200,000, and here we are 13 years later still fighting court cases, good old British Justice!

Bernie

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bernie

if you haven't already found that case that mould refers to, here it is.

 

[ATTACH=CONFIG]26551[/ATTACH]


IMO

:-):rant:

 

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Thank you Ford very much

 

Bernie

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MY DRAFT STATEMENT IS ATTACHED

 

Hi Mr. Mould, if you had a flutter on the National today I hope you were lucky.

 

I have now finished my first draft statement, I would be very grateful for any alterations or additions you or anyone can make. It’s made up of lots of bits of advice and pieces I have cut and pasted, the grammar may need some attention, it may be in the wrong order and repetitive, I may have included things I shouldn’t mention, and left out bits I should, it may be inaccurate in places, I don’t mind what you do to it. There are some notes under the statement which fill in the history and any blanks, not quite sure how much to say at this stage, don’t want to incriminate myself in any way.

 

I have decided to leave out any reference to my medical case, although there were delays and CPR failing they were all clouded in any judgements with other complex issues relating to expert evidence etc, also things got very heavy at times, all which originated from my local county court, best left in the past and stick with citing cases that had similar issues.

 

I am going to rest up for a few days now, will keep checking forum, will make a call to the court next Friday to see if the have filed their AQ, also may get a reply from the Ombudsman and the claimants solicitors re the so called agreements and assignments they disclosed, a final check over next weekend then file and serve on Monday 18th.

 

We are then going to try and get representation so someone can go with my wife to court and ague our case, will check the disability charities etc.

 

Hope you have a good weekend

 

Best Wishes

 

Bernie & Wife

18-04-11 Draft Statement with notes - minus details.doc

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Good evening Mr & Mrs B

 

Well, no flutter on the gee gees Mr B, I do not gamble, however, if you had a go, then I hope you had some good luck.

 

Thank you for posting your draft defence, will have a thorough read in the next few days and if I can give any input that may help, then of course I will do that.

 

I am sorry to hear of your serious health problems, I do understand as my wife suffers from Multiple Sclerosis - Secondary Progressive, this was the cause of our financial crisis, we almost got buried, my dear father-in-law saved our lives even though he was retired and terminally ill with Cirrhosis of the liver, cancer of his throat, shadow on his lung and serious kidney problems, if it wasn't for my dear father-in-law, we would not be alive right now.

 

Anyway Bernie, if I can help you, I will.

 

Kind regards

 

The Mould

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B&B et al

 

Just had a look though this thread.

 

The Kings Hill/Cabot Assignment will be dealt with in their witness statement by way of a name change document, this is what they presented in their action with me, even though my account wasn't opened until years after their name change and I failed at that time to realise the relavence of such a document.

 

As the company have apparently gone through a name change and have not effectively sold/bought, or in any other way transferred any account, this negates the requirement of any assignment

 

It is only when seeing threads such as this that I appreciate the meaning of such a name change document

Edited by spamheed

Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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Good morning, and thanks very much for that. I am very sorry to learn your wife has MS, I do know a lot about it, as many people with adhesive arachnoiditis are wrongly diagnosed with MS because AA is not a diagnosis they like to make (iatrogenic) and the symptoms can be very similar, I had to read a lot when I was involved in my medical claim so learnt about all sorts of conditions, neurological disease effects the entire body, as I am sure you know.

 

The problem I face, and many people like me, who have “invisible disabilities” is that I look well, I only see people when I am having a few reasonable hours, I keep up a brave face, then after they leave my whole body feels lifeless, like I am dying, chronic fatigue, pain levels up, dark room etc, so people find it very hard to understand a condition they cannot see, that makes me feel very isolated, I am sure your wife knows all about those feelings, we have conditions that control us, we cannot control them, apart from rest and painkillers.

 

I am so pleased you had family support which helped you, he sounds like a very good man.

 

I just want to be left alone to deal with my illness, I never wanted any compensation, just a diagnosis and treatment, however, I was told the only route was legal action. Many profited from that course and our lives were further destroyed, to this day.

 

I know how difficult it is for you and your children, the family can easily be forgotten in these situations, I was ill when my son was growing up, I know he used to make excuses why I could do certain things with him, kids like to fit in with the others.

 

No rush on the statement, not printing off until next weekend. Your support has been greatly appreciated.

 

Take care

Regards to you both

Bernie

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Hi, Spamheed

I am sure I read somewhere that Kings Hill No 1 ceased to trade as a company, so if Cabot took over their assests there must have been some deed of assignment?

Bernie

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This is the document that they produced as part of their pack, since this took place long before Cabot came onto the scene with me, I doubted the significance, as did my legal advisor

 

Cabotnamechange.jpg


Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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Thanks for that but shouldnt all those who were told their debt was sold to Kings Hill No1 then be served with a Notice saying they debt is now owned by Cabot? Did anyone check out the legality of the document they produced? Kings Hill should have notified people who they told they owned their debts, all seems a bit loose to me

 

Thanks again

Bernie

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Hi Bernie,

 

To be honest mine never made it to court, and I understand where you are coming from, but The impression I got was that they were relying on this in lieu of any assignment documents on the basis of the ownership not changing.

 

I think even in the face of their name change arguement, your point is still valid and merits at least a hearing before a judge, since from the debtors point of view there has been a change


Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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Thanks for that information, I will have to have a good read up on Kings Hill No1 to get to the bottom of it all.

 

Thanks

Bernie

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Good afternoon Mr.Mould, I hope all is well.

 

I am now about to start finalising my statement ready for filing on Monday 18th.

 

To give you an update, Cabot filed their AQ on 13th April when the deadline was 7th March, in it they claim this was just another oversight on their part, and state that no prejudice has been caused because of my application dated 1st March (seeking a strike out order) They seem to think they can make their own rules up regarding CPR to suit themselves, both parties have a provision within the AQ to list any application pending or planned, you would think with their history of nearly two years of delay and facing a strike order for that delay, that then would be bending over backwards to fully comply rather than use my application as another excuse to ignore the court rules.

 

These are the main points as I see them, I would appreciate your take on it, I will obviously have to amend my statement to raise these points.

 

 

1) They have not attached a response to my defence; I have read if they fail to file within the 28 day period, then it should be filed with the AQ? Can they file it later?

 

2) They claim they want to attempt to settle before the hearing (trial?) and have requested a 1 month stay. The claim has already been stayed for 20 months and they done nothing in that time, they have not written to me saying they want to reach a settlement? In fact they have not replied to my letter re the documents they disclosed pursuant to the Order of 15th March, the so called 3 credit agreement and confirmation and proof of the type of assignments they have.

 

3) They advise their total costs are estimated to be £5000 (£500 to date and have requested a 3 hour trial) don’t know where the other £4,500 is going to be incurred, apart from more delays.

 

4) They advise they have complied with pre-action protocol when they issued the claim a few days into a 1 month Notice for just 2 of the three accounts bundled into one claim.

 

5) They claim they explained the need to settle and the options, as far as we were concerned they were reviewing a case of severe hardship, and we have had 100’s of standard letters from various DCA’s setting out the need to settle, would they count? They say they have advised us of the cost sanctions if we refuse to try and settle, (pure lies) it appears they will just falsify any documents they want for this action.

 

I was also thinking about putting in a paragraph which sets out my views on how DC’s act in an unscrupulous manner, when they set out to profit significantly from the real victims of the banking crisis, when they buy up high interest unsecured debt, at a fraction of the original value, and then go on to ignore all rules and regulations that are designed to protect the consumer, i.e. they act in a manner contrary to the banking code, are not answerable to the Financial Ombudsman if they are only “equitable assignees” ignore OFT rules and harass vulnerable people, we have their phone records, 10 phone calls in one day. So when it comes to the courts they should be made fully accountable for their unfair tactics and wholesale blatant disregard to the CPR, (or words to that effect!)

 

As Always your support and advice is greatly appleciated

 

Kind Regards

 

Mr & Mrs Bernie

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Good afternoon Mr & Mrs Bernie

 

You have raised some further important details (in the above post #68) for your defence and so with reference to the conduct of the creditor (DCA's) towards your household, I would advise you and strongly suggest that you have a thorough read of a recent High Court Judgment in respect of the course of conduct pursued and methods applied by creditor/DCA in attempting to bring the debtor to heel.

 

The case is: Mr Keith Harrison V. Link Financial Limited [2011] EWHC B3 (Mercantile) before His Honour Judge Chambers QC, sitting as Judge of the High Court. In particular I would like to draw your attention to para 83. This may be a great advantage to your defence along with your already valid arguments.

 

I have had a read through of your draft defence, yes it may need a little amending here and there, but over all I think you are covering all the ground applicable and I particularly like (and welcome) the fact that you have not attempted to overload your defence with a legalistically worded script.

 

When you have completed your draft defence, please post it up for final review.

 

Kind regards

 

The Mould

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Thanks very much for that, I will have read up on that case and hope to post up my amended statement sometime tomorrow.

Thanks

Bernie & Mrs

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Good evening Mr.Mould

 

I have now finished my 2nd draft statement with a few additions, thank you very much for telling me about the Harrison case which I have included, I think this should help us along with Cabot’s further delay in filing their AQ, and still no response to my defence nearly 2 years on.

 

On the Harrison case, did Link Financial win a case against him for £20,000 then he appealed and counterclaimed it back and won? My heads a bit muddled at the moment.

 

My wife is printing up late tomorrow with the exhibits ready for filing on Monday so if you can spare the time to look at it and any suggestions then we would be very grateful.

 

We are now going to try and get someone to represent us in court because you can have a good script but if its not all argued forcibly then the other side can walk all over you, going to try disabled groups to see what they can advise. I don’t think you can get legal aid unless your home is in immediate risk; however, it’s sometimes too late when it comes to charging orders and enforcement. I think my brother would be willing to pay for a solicitor at the next hearing if it’s not too costly, I can’t leave my wife alone to do this, she is terrified in court like most people, and the stress is certainly getting to us both.

 

Kind Regards to you all

 

Bernie & Mrs

2nd Draft Statement minus details.doc

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Good evening Mr.Mould

 

I have now finished my 2nd draft statement with a few additions, thank you very much for telling me about the Harrison case which I have included, I think this should help us along with Cabot’s further delay in filing their AQ, and still no response to my defence nearly 2 years on.

 

On the Harrison case, did Link Financial win a case against him for £20,000 then he appealed and counterclaimed it back and won? My heads a bit muddled at the moment.

 

My wife is printing up late tomorrow with the exhibits ready for filing on Monday so if you can spare the time to look at it and any suggestions then we would be very grateful.

 

We are now going to try and get someone to represent us in court because you can have a good script but if its not all argued forcibly then the other side can walk all over you, going to try disabled groups to see what they can advise. I don’t think you can get legal aid unless your home is in immediate risk; however, it’s sometimes too late when it comes to charging orders and enforcement. I think my brother would be willing to pay for a solicitor at the next hearing if it’s not too costly, I can’t leave my wife alone to do this, she is terrified in court like most people, and the stress is certainly getting to us both.

 

Kind Regards to you all

 

Bernie & Mrs

 

Good evening Mr & Mrs Bernie

 

Mr Harrison was the claimant in said case, Link filed/served a counterclaim, the counterclaim was dismissed and no order for any repayment to MBNA. Mr Harrison claimed that he was not liable under the agreement, which was assigned to Link by MBNA.

 

If you are able to instruct a Solicitor to represent you, then that would be a very wise move, bear in mind though, your legal rep will need to be furnished with the full details of the case before the hearing date and this should include inspecting any documents that you intend to rely upon, he will need to hold the same knowledge of the case as you and Mrs B hold.

 

I shall have a look at your draft shortly and come back to you.

 

Kind regards

 

The Mould

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Good evening Mr Mould, I agree who ever takes it on will have to look through all the pleadings and arguments before they could represent us in court, I wouldn’t mind having the solicitor in the Harrison case. I was reading about a case in Manchester where the judge said it was ok for claimants to reconstruct T&G's if they are unable to find the originals, so long as the T&G's were the same at that time of signing (how would anyone know?), and I read this ruling was putting off these firms who charge for taking on what might be unenforceable agreements, however, the judge did say where there was NO signed agreement, then the courts can do nothing, all Cabot have for us is one very poor dodgy cut & paste agreement for 1 of the 3 accounts listed in their claim, so there is some hope for us.

 

Kind regards

Bernie & Mrs

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Hi to all

 

We have now filed our statement with the court and Cabot, I hope my friend Mr.Mould is ok and would like to thank him very much for all his help. The Forum seems very quiet these days, I did not get much of a response to all the bits I have posted up recently, 2 draft statements, agreements and assignments and issues relating to Cabots late AQ filing. I am sure there are many out there who are at more urgent stages of their claims, and need help, I know, I have been there, I will keep everyone posted on my case, next job is to seek out legal representation for the next hearing.

 

Kind Regards

Bernie

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Hi, Mr Mould, dont if you found time to look at my final statement? but if you did was it ok, we appreciate your opinion, I put in Cabots phone records, clear evidence of trying to wear someone down, calls everyday, up to 10, that along with their dodgy agreements etc will hopefully draw a comparrison to the Harrison case when the Judge reads it.

 

I have read under the old rules that claims were struck out if dormant for 15 months, do you know of any time limits under CPR apart from the 6 year limitation period?

 

Kind Regards

 

Mr & Mrs Bernie

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