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Cabot - summary cause Scotland - Merged Argos Card & Littlewoods Card help! **Case Dismissed ***


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Oh, I do take your point and I wouldnt rule it out.

From their pov I can understand them pursuing this type of case in the first instance,

since I would guess that great majority of them I expect go through without a defence being put in.

But I really dont understand why they go on once its clear the other side knows their way about

and they just dont have the documents required to pursue.

Probably in the hope of a dozy sheriff?

 

Btw, you are quite clearly making the assumption that you will get your day in court on Friday.

 

 

In some ways I hope you do - and wipe the floor with them obviously.

But, I suspect this whole process has become like a gunfight - its the first one that blinks.

 

 

I can think of a number of cases where they run up the white flag at the last minute

(check out Moragh at http://www.consumeractiongroup.co.uk/forum/showthread.php?238861-MBNA-Court-Action/page3&highlight=moragh)

or on the day, almost literally at the door of the court

(check out afw at http://www.consumeractiongroup.co.uk/forum/showthread.php?269529-Creation-Financial-Services-and-Court-*WON*&p=3137605#post3137605)

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Hi,Delilah,i wish you good luck and i hope you do beat the slippery bar stewards,they will insist that if it say anything like CreditAgreement regulated by the Consumer Credit Act 1974 although it is only ifit was like mine a priority application form from Goldfish that your agreement,if you can not see your t/c very well that seems not to matter either.if you have a default notice from the original lender thats of no consequences either.Good luck Delilah.

 

barns66

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Part of me is hoping that they discontinue on Friday ( thats the coward in me)

and i think they will but part of me wants to rip them apart and humiliate them like they have done to so many people.

 

 

I think the fact that they are dealing with a lawyer and not me personally will have them thinking twice about continuing.

 

 

Just have to wait and see.

 

 

Luck of the judge draw will prevail if it goes further and if thats the case

then i have to make sure my lawyer has every piece of info i can get my hands on.

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HI All,

still not spoken to my lawyer yet as she is in court today

but i handed all the stuff into the office for her to read

(the copies of my credit file and i highlighted where Cabot have issued default notice in May 2007

despite their claim that they were assigned the account in June or July 2007

and also the Barclaycard copy to show that both are reporting on same account

and underlined them with ILLEGAL,

 

 

a copy of the Carey case,

a copy of the Transmission of moveable property act and

a copy of the case whereby Vanquis and Cabot were both reporting on credit files for same account).

 

 

Havent received anything in the post from my lawyer yet either but she was just back at work yesterday

so i cant rule out if Cabots lawyers have been in contact with her yet.

 

 

I think ive now covered everything with this last lot of info ive passed on to her and theres not really anything more i can do

but to wait on tenderhooks and see what they throw back.

 

 

Will keep you all informed.

 

Ive just been trawling through the internet and how does does this sound??

 

 

Under section 13 of the Data Protection Act i can claim compensation for the double entry on my credit files apparantly

so i figured 4 +years of reporting falsely causing severe detriment to my financial character (hehe) would be worth lets say £1,000 a year

(£2.73 per day) plus interest of course at a standard 8% plus a nominal amount of compensation for the distress this has caused me of £200 per year.

 

 

Wait!!! Cabot now owe me money, wow who'd of thought it!!!! Gunfight???

I got Clint Eastwoods .44 magnum and i aint blinking.

 

 

Will call my lawyer tomorrow and tell her i want to raise the issue of a double entry on my credit files

and claim compensation for it as is my right by law and claim all the PPI back.

 

 

Any thoughts on this Seriously Fed Up???

 

 

dont see the harm in pushing for it but would i be pointing that magnum at my own foot and pulling the trigger?

 

Hi Folks, ive just read through Windywoos post where she beat Cabot. Application form is the exact same as mine as is most of the info on the case so that was pretty encouraging. I also know that i wouldnt have got the legal aid if there was no chance of me winning so my confidence is pretty high at the moment.

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Countdown: 2 days to go and

 

 

i havent spoken to my lawyer yet and nothing in the post.

 

 

Tried phoning her again but she was with a client then going to court but the assistant had a flick through my file a

nd said the last letter was sent out on the 14th July,

she hasnt mentioned getting anything back from Cabots lawyers yet.

 

 

Nerves are starting to set in but im looking at it as no news is good news and if she had received anything important

she would have contacted me like she has before, there again they could be waiting until the last minute.

 

 

Still not blinking SFU but im cheating on that score, im using matches to prop my eyelids open.

 

 

Stress, anxiety and more stress, jeez, ive even got sweaty palms typing this up, yuck!!!

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Just remember that it is just a debt, nothing important! Remember to smile at them the whole time (though not too much as you don't want to appear simple!). Read through everything, have sticky notes so that you can find things easily, rely on your lawyer to do all the hard work and appear confident.

 

Simples!

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Thank you Cymruambyth,

i dont have to appear on Friday as its just another hearing and i know im getting myself worked up for nothing

just now but i cant help it.

 

 

I can do the smile thing when it comes to the crunch as long as they dont find out im wearing adult pampers i will be ok lol.

 

 

Just wish they would admit defeat and discontinue but i know they will hold out as long as poss and might even wait until they see if the judge is simples.

My lawyer always writes or phones when she has heard anything so im thinking they havent given her the info yet.

 

 

In a way if they havent furnished her with the info then thats good and if they have then its nothing new that she hasnt already got and thats also good.

 

 

See what i mean im all what ifs and what nots at the moment,

anyone would think im on trial for a serious misdemeanor and not a debt which in comparison to some ive seen is relatively small

and whats even better is because im on legal aid,

even if they win they are unlikely to get their court costs and they will be unlikely to get a charging order on my house

and ive no doubt they have realised that.

 

 

So what the hell am i worried about,

 

 

God only knows.

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Need to chill out a tad Delilah, let your brief worry, you will make your self ill letting this become an obsession.

Considering you are not even attending the hearing.

 

Andy

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I have an obsessive personality and a hatred of housework.

 

 

Seriously though, i will be ok.

 

 

Worse case scenario...they can take my money but they will never take my health.

 

 

Your right Andy i need to take a chill pill and relax and leave it to my lawyer,

 

 

ive done all i can do for the moment.

 

 

Going to ban myself from googling for the rest of the day

 

 

and maybe tomorrow but will update as soon as i know anything.

 

 

Cheers for your support everyone.

 

Delilah

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Hi Folks, ive just read through Windywoos post where she beat Cabot. Application form is the exact same as mine as is most of the info on the case so that was pretty encouraging. I also know that i wouldnt have got the legal aid if there was no chance of me winning so my confidence is pretty high at the moment.

 

Hi Delilah, I am in exactly the same situation as you I think, could you point me in the direction of Windywoos post please as I hope it may contain something that will help me. Many thanks D :-)

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Link Donna

 

Cabot v Windywoo - HELP-SD ISSUED *** WON + COSTS ***

 

 

Regards

 

Andy

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Hi Delilah,

 

Thank you for the alanalana link. There's still another one out there though.

 

You absolutely deserve to win this because your research has been absolutely fabulous. I do hope you hear from your lawyer tomorrow and knock 'em dead on Friday. I'll be away until Saturday and will come online as soon as I am back to hear the good news. :-)

 

Lots of luck.

 

DDxx

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Hi Daniella, thank you for your support. It might be Monday before i find out what happened, you know what lawyers are like. Its so frustrating but ive chilled out quite a bit tonight and put my sensible head on. Its during the day when i have time to think that im at my worst, so im going to jump in my car tomorrow and drive to my favourite spot with a flask of coffee, some good music and a book. Hope youre off somewhere nice and enjoy yourself

 

Delilah

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remember sisting means they can keep coming back and asking for payment and reactivate the court process, you may wish to consider continuing and looking for a grant of absolvitor

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

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I would agree with Ida that absolvitor is the gold standard to aim for. You might want to get your lawyer to make out a case for this.

On the other hand they will probably have a variety of reasons to put to the court why it should be sisted, and as Ida says, they can bring it back at a time of their chosing. I think when they brought the case it "reset" the clock, so the five years began ticking down again from when the papers were sent out. The period of the sist would, however count toward that period of five years.

I would be for seeking a motion of absolvitor - they dont have an enforceable agreement, this is the (whatever the number is) time the court has sat, uncertainty for my client etc etc. Lawyers can be kind of cosy! :-(

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Ok SFU, i didnt really have a chance to speak to my lawyer properly today, i dont think it had even been before the judge at that time so i will speak to her on Monday and see what she says then. Thanks guys.

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hi folks,

phoned my lawyer and spoke to her secretary.

 

 

Cabots lawyers emailed last night to say they wanted to sist the case as they didnt have all the info from Cabot.

Her secretary didnt have any news back from the court yet but reckoned the judge would put a limit on the stay if he granted it all.

 

 

She says it looked better for me because they had already asked for a continuation for info

and not to worry because my lawyer has loads of info and knows what shes doing.

 

 

I wish she would tell me what shes bloody doing!!!!

 

 

Nerves are frayed but still ready to fight to the death, will know more hopefully later or Monday and let you all know.

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Hi All,

this weekend i am writing to both barclaycard and Cabot about the double entry on my credit files with CRA's

contrary to section 13 of the Data Protection Act.

 

 

I will be stating of course that i intend to report whichever one is responsible for illegal processing of my data for the past 4 years

to the relevant authorities and demanding that the data is removed with immediate effect.

 

 

I will give them 28days to investigate and remove my data or LEGAL PROCEEDINGS WILL COMMENCE.

They will both be given a copy of the following:

 

 

CABOT FINANCIAL INVOLVED IN DATA DECEPTION?

Wednesday, 26 May 2010

 

By Steven Gregg

 

Debt Collectors

 

Cabot Financial (Europe) Limited of 1 Kings Hill Avenue, Kings Hill, West Malling, Kent ME19 4UA

has been widely identified as one the leading debt UK collection companies.

But news has now broken of seemingly dubious practices employed by Cabot Financial (Europe) Limited

that leaves the debt collector accused of data manipulation in order to obtain monies by deception

whilst buying or agreeing to debt assignments from Vanquis Bank Ltd in damning evidence shown to Financial Fraudster News it can be revealed today.

 

Double Deception?

 

In what can only be called deception,

documents clearly showing how an apparent default data mix up held on an innocent individual by a third party

acknowledge as a debt owed by the innocent victims relative to the assignor (the original creditor) company is modified by Cabot Financial (Europe) Limited

in an assignment agreement with a third party company is manipulated in an attempt to obtain monies jointly

with another company whom Cabot Financial (Europe) Limited purchased the debt from overseen and sanctioned by Willem Wellinghoff legal counsel.

 

Further developments are identified in relation to deception allegations in relation namely in UK law when a debt is assigned the whole rights to the debt are transferred.

 

It can be revealed by Financial Fraudster News that the debt in question sold by Vanquis Bank Ltd back in March 2009

by way of assignment to Cabot Financial (Europe) Limited which is now disputed by Vanquis Bank Ltd.

 

Legal Action

 

It now appears on evidence presented to Financial Fraudster News that the debt is now being bizarrely

and illegally being reported simultaneously to credit reference agencies Call Credit and Equifax by both Cabot Financial (Europe) Limited

and Vanquis Bank Ltd against an individual who not only denies to owing any outstanding debt

but feels aggrieved to the extent that appropriate legal action should be sought to address the illegal practices

of both Cabot Financial (Europe) Limited and Vanquis Bank Ltd.

 

The innocent victim has also pursued vigorous legal action which has involved an injunction order application

together with a claim for harrassment in order to protect the victims identity

and force Cabot Financial (Europe) Limited and Vanquis Bank Ltd to answer in a court of law

allegations about both the joint illegal practices and abuse of process in relation to the principles

outlined in the way third parties handle personal data in relation to the Data Protection Act conducted by both companies.

 

Financial Fraudster News asked the alleged victim for a comment, the alleged victim stated "We are pursuing Cabot Financial (Europe) Ltd in court in a claim for damages represented by their in house lawyers Morgan Solicitors led by Willem Wellinghoff, which the presiding Judge: District Judge Silverman in this ongoing legal matter at Edmonton County Court ruled in favour of myself in January this year, we now await a further hearing to assess damages".

 

The victim went on "we are now making further applications for an injunction order as further harassment issues have come to light, Cabot Financial (Europe) Limited and Vanquis Bank Ltd together have acted like criminals by manipulating data then reporting false information to credit reference agencies for the same debt on two different individuals".

 

Financial Fraudster News viewed the Cabot Financial (Europe) Ltd website and spotted the statement of the company's principles and noted the company's reputation for excellence statement which stated the following "We boast an unrivalled reputation for professionalism. Our high standards of excellence are maintained throughout all business areas".

 

Financial Fraudster News has asked Cabot Financial (Europe) Ltd to comment. We of course will keep readers updated on this story.

 

[email protected]

 

 

 

I may be a bit deflated from yesterdays result but i intend to pester and harass the life out of these bar stewards so the fight is still on. Still awaiting the SAR from Barclaycard and they will then get hit with PPI claim. It will be interesting to see what they come back with and i will keep you all posted.

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Hi Folks, just a quick update.

 

 

Ive had a letter from my lawyer this morning saying that the case was sisted by Cabots solicitors

the reasons given "frozen to allow investigation by the Pursuers' agents".

 

 

She then goes on to say that she is waiting to hear back from the legal aid board to find out if im going to be in receipt of full civil legal aid

before she asks the court to fix a final hearing.

 

Oh the joys.

In the meantime though, i have written to Barclaycard asking them to confirm that Cabot have absolute assignment

and if so why they are reporting on my credit file contrary to section 13 of the Data Protection Act. Bla bla. T

 

 

his weekend im going to deal with the PPI on the account, there was only around £600 paid in total

but with unfair charges imposed i could take a fair chunk of the debt hopefully and wipe a bit more of the smirk of their faces.

 

 

Will let you all know how i get on and if anyone out there can point me in the right direction for claiming back PPI

and how it works id be grateful as i have another credit card with PPI on it and all i can find is calculators for loans and none for credit cards.

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Quick update.

 

 

Barclaycard have now been written to and have received on 3 separate occasions letters for the following:

1/ Letter for the illegal processing of my data with regards to double entry on my credit files with credit reference agencies.

Whereby i demand that they confirm that Cabot Financial are the legal owners of the debt by way of an Absolute Assignmen

t and remove their fraudulent data with immediate effect.

I am also seeking financial recompense for illegally reporting this data for over a 4 year period.

Failure to provide the info will result in a complaint being made to The ICO

 

2/Letter requesting all PPI charges plus interest added to the account to be refunded plus interest at a statutory 8%

 

3/ Letter requesting refund of all Unfair Charges to be refunded plus interest at a statutory 8%

 

Cant wait for the replies!!!!!

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  • 3 weeks later...

Hi All, quick update on my replies from barclaycard.

 

 

They have written back to me regards the double entry on CRA files and are investigating the matter with a view to replying to me by the 18th of September

(i have asked them to confirm that Cabot have Absolute Assignment on the account).

 

 

PPI claim:- due to the backlog they have with PPI claims they expect to have mine dealt with by November.

 

 

Lastly the late payment fees:- i have received a letter from them this morning refunding almost £500 in late payment fees

and intrest which they have taken off the balance of my account.

 

Anyone tell me the position on them taking the late payment fees refund off an account that they apparently no longer own?

Im a bit confused with that.

I would expect them to apply the money to the account if they still owned it but not if they had sold the account to Cabot

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If they can refund the debt (offset) then the debt as not been absolutely assigned.Need to inform your Sol.

 

Andy

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