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


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I rather suspect you are going to follow your lawyer's advice, partly at least because she is your lawyer.

The view she has expressed seems fairly reasonable

- they might not rebut point by point in your letter, but why advise you of their case before they have to?

 

 

What impressed me was that they are prepared to accept 1/2 of what they were looking for, and pay their own costs from thi

s - more "how can we get out of this with minimum damage?" than confidence.

 

I would be inclined to tell you to get on with it.

My only reservation is that you can never be 100% confident about what will happen in court.

But from what they are saying they arent all the confident in their case, and if you trust your lawyer bring it on.

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Thank you SFU, ive went with my gut instinct on this one and im going for it.

Lawyer seemed pretty confident too so that helped with my decision.

they seemed to have come up with "we will accept half too easily".

 

 

My lawyer seemed adamant for me to decline their offer on the basis that she hasnt received any info at all from them yet to back up their claim,

no CCA, no NOA and no DN and no averrment on the court form,

added to that we have an abundance of mistakes from both Cabot and Barclaycard but she left it up to me to decide.

 

 

I had to go with my instinct, my trust in my lawyer and Cabot backing down to half too goddamn easily

(it was almost an admission to we are ****** but lets see what we can get).

 

 

I think she is going down the route of "unless you show us what youve got, then no deal" sort of thing.

In the meantime i have Barclaycards reply to my last letter to look forward to regarding charges and their reference to "agents".

I didnt mince my words with that one and gave them 14 days to reply, they have until a week on Monday.

I know its a risk and im not certain of anything but i really dont like Cabots game play so its a no brainer for me

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i have always said this is like playing poker and the one first to blink generally loses. If I were you i would stick to my guns. First of all because its what my lawyer advised me (a lawyer actually giving advice is a rare thing), and you have to trust them anyhow. But in any event, from what is in their letter, she is right - put up or shut up!

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Thank you, sometimes i just need to hear from someone else before i jump in at the deep end but in this instance i couldnt help myself,

i agreed with my lawyer within 3 hours of getting the letter but if i drank i would certainly raise a glass to you for your support and to everyone else on this site.

 

 

I would have honestly backed down soon as i got the court papers if it wasnt for all the shared experiences and knowledge from all here.

If i lose, i can hold my head high because i wont have went down without a fight and

 

 

if i win i will try and do so with all the grace of a herd of elephants stampeding through a china shop.

Besides if i accepted their offer i would have admitted the debt and that would have meant all the years of fighting them

tooth and nail was a wasted effort and you can bet Cabot would have added interest like

 

 

it was going out of fashion so its against all my principles to accept.

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  • 3 weeks later...

Hi delilah,

 

I haven't been around for a few weeks, but I do think that this issue of whether Cabot have bought the debt, or are acting as agents for barclaycard, is an important one. In my case they have been asked several times and refuse to answer, and there's been no Notice of Assignment either and they just ignore requests for that too.

 

I don't think your lawyer would advise you to refuse their offer unless she felt that they just wanted 'something' - probably to cover their costs.

 

DDx

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Hi Daniella,

im just playing a waiting game with them at the moment.

 

 

When Barclaycard wrote about the ppi refusal they said it was a postal application and i ticked the box (erm, no i didnt).

This is the same Application Form that Cabot claim is a credit agreement.

 

 

Doubt that would make much difference other than there are no prescribed terms and T&C's could not possibly have been included

but i do have all their letters referring to "agents" and their apology for the double entry being reported on my credit files.

 

 

My lawyer wrote to their lawyer 2 weeks ago stating that until she sees the info they have its no deal

and that there is a ppi claim in and unfair charges that have apparantly been paid to Cabot.

 

 

Im puzzled as to why Barclaycard still have the "original application form/credit agreement" in their possession

when surely Cabot should have it to attempt court action???

 

 

Barclaycard have written back to me about the unfair charges and i should be hearing from them by Friday,

this is the letter i have asked them to clarify who owns the account and if it is Cabot then why did they pay the refund to an independant 3rd party,

i also told them that Cabot have started court proceedings for this account and i told them i want answers

so this should turn out to be a very interesting reply.

 

 

Will keep you all posted

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Hi All, so much for Barclaycard responding by the 28th coz i havent heard a word yet. Nothing back from my lawyer either thats over a fortnight since she wrote to Cabots lawyers. Heard back from Financial Ombudsman asking for more details on ppi so that was done and posted. No news is good news i suppose but this waiting game does your head in.

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Nothing moves fast in litigation Delilah.

 

Andy

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Hi Folks,

have heard from Sharkleycard this morning.

 

 

I think ive upset them a bit.

Due to the nature of my complaint ongoing investigations are still taking place and they apologise for the delay

but hope to have this resolved by the 28th November.

 

 

Whats to investigate?

They either sold the account to Cabot or they didnt,

all i asked for was confirmation that they had an Absolute Assignment

and where the hell has the £497 refund went to because in the case of Cabot being owners

they are then an independant 3rd party

and the refund should have came to me

and as such i would sue Barclaycard for that amount plus interest

if they have given it to Cabot.

Or it might be the bit where i said if Cabot are not owners i will sue their butts off for the court action they have started.

 

 

(Couldnt help myself with having a wee dig at the court action for the amount of time they threatened me).

Or maybe they are having to trawl through their archives AGAIN or maybe they are looking for the information they dont have

like an Absolute Assignment with the correct account number on it, a Default Notice or the creme de la creme a valid CCA.

 

 

Either way, ive ruffled the feathers with my merry little dance and hope ive done enough to wave adios to Cabot.

Almost a month since my Lawyer wrote to theirs and its still all quiet on that score.

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Thanks SFU,

i think you get to the stage where the fear goes and you fight back.

 

 

Besides, im too long in the tooth to take any nonsense out of them and i know with them offering to accept half the amount (on their terms

) that theyre clutching at straws.

 

 

Both Barclaycard and Cabot know i have a lawyer,

they just dont know how much im paying her

or if i would instruct her to sue them so i thought what the hell, go for it.

 

 

I feel like a MacDonalds advert each time i get a letter from Barclaycard- IM LOVIN IT.

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Hi Delilha,i wish you all the luck in the world and hope you bring Cabot and Barclaycard to heel.I think they make the rules up as they go along and some of the Judges listen to them to much,instead of following the rules and regulations.

 

barns66

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Hey SFU, do you think id be pushing my luck if i send the following to Barclaycard:

 

Dear Barclaycard,

Thank you for your recent letter, received 2/11/11, the contents of which have been noted.

 

I appreciate your diligence in attempting to resolve this matter as quickly as possible,

however, i am somewhat surprised that you expect this to take you another month to find out simply

who the legal owners are of the account.

 

 

Whilst i have no issue with your timescale, i will naturally be expecting the statutory 8% interest to be accruing on the £497 refund of "unfair charges"

until i receive your final response.

 

 

I look forward to receiving your reply by the 28th of November 2011.

 

What do you think? Am i pushing it too far?

 

Hi Barns, thank you.

Im trying to play them at their own game at the moment,

bombarding Barclaycard with letters and threats of legal action for either them or Cabot.

 

 

At the same time they will have the Ombudsman looking into my ppi claim.

The longer it takes them to deal with the "unfair charges" and the ppi,

the more interest is getting added so thats a bonus.

 

 

I want to be the biggest pain in the butt to them and i intend to keep nipping at their heels.

 

 

However, I cant afford to underestimate Cabot, if they win i will have to pay them

and my legal aid so even though i appear to have them by the short and curlies,

i cant bank on that as you know judges are as unpredicatble as the weather

and can be somewhat lacking knowledge.

 

 

I have the added extra of they are unlikely to get their legal fees paid even if they did win

and what i have to pay in legal aid is no where near what they would have been able claim.

 

 

Im confident but cautious and i think its the best way to be at the moment.

 

Hope you are ok after your last stint with them.

 

 

A "restriction" is much better than a CO

 

All the Best

Delilah

 

Letter sent hehe.

Got another form to fill in from FO for ppi claim so sent that off to them with proof from DPW

that i was in receipt of benefits at the time ppi was sold in 2004.

Patience is a virtue as they say.

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  • 2 weeks later...

Hi All, i have received a letter from my lawyer this morning.

 

 

Cabots lawyers have now sent the following:

 

Further to our letter of the XXXX, we now have further instructions from our clients.

They have not yet obtained the information they require from the original creditors.

 

 

In these circumstances they have decided not to proceed with the action for the time being

and propose that the action be dismissed with no expenses due to or by either party.

 

If this motion is acceptable, please let us know and we will prepare the appropriate joint motion

and joint minute for signature and lodging at court.

 

Great, fantastic!!!

but i do not like the "for the time being" bit.

 

 

My lawyer is on holiday until Monday and i will be telling her that i want the case dismissed completely with a guaranteed "no further action".

 

I suppose as it stands its a small victory for me and fellow Caggers

but im not happy until i know they are off my back for good even though

i know barclaycard do not have the info.

 

Regards All from a Smiling Delilah and thank you for all your help XXXXX :) :) :)

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Excellent Delilah.

 

Don't concern yourself with their sour grapes it will be discontinued (you cant discontinue for the time being).

 

Well done!!!

 

Regards

 

Andy

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PS you can still claim wasted costs.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Thank you Andy,

Its been hard work even with a lawyer but i live to fight another day.

 

 

Im a happy bunny and i will see what my lawyer suggests on Monday with regards to expenses and stuff.

 

 

Id love to go to Cabots offices and do a naked victory dance outside,

if that didnt put them off taking people to court i dont know what would.

 

 

I presume they can still report the debt on my credit files

but im not the least bit bothered about that today, today i celebrate.

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Unfortunately yes they can , if you don't accept their offer of no costs (and you don't have to) they will still discontinue.

LiP WC are now set at at £18 per hour, but I'm sure your Sol will advise accordingly.

 

Post when you receive the NoD and then we can change your thread title to reflect.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Will do Andy and thanks again for all your help,advise and support. It was all greatly appreciated and to all Caggers a massive, massive THANK YOU.

 

PS. I will ask my lawyer about the costs, i think she will mention it 1st because she wasnt happy about the amount of legal aid i was having to pay. It was a fair whack but worth every penny to pay them a 5th of what Cabot were after before their legal costs if i hadnt fought the case.

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Hi Again,

 

 

i have spoken to my lawyer this morning.

She advised me to take the deal and thinks it would be unlikely that Crapbot would attempt court action again.

Because she has only given advise and assistance i will not have to pay the legal aid board

and should get any money i have paid them refunded (thats a bonus)and therefore no point in trying to claim expenses.

 

 

all in all its cost me nothing apart from a few grey hairs.

I asked about when the clock starts for statute barred but she was unsure,

 

 

i read that because the case is being dismissed its as though nothing happened

and the clock reverts back to where it should be.

Im sure i read that on a court site but if anyone knows for sure please let me know.

 

 

My lawyer thinks they will write off the debt anyway but with Cabot who knows,

i think the fact that they had from April to get the info they needed makes me pretty certain they dont have it

so i suppose its a possibility.

 

 

Will post up the NoD when i get the copy from my lawyer. :) :) :)

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My 2p's worth agree to accept and they can come back at a later date, as you are accepting it to be "for the time being" so they just say "because we couldn;t find the papers we all agreed to discontinue but it's okay we've found them now so we'll try again, of course the defendant has agreed to this here's the proof"

 

If you really are happy to agree to discontinuance with no costs then at least make sure its on your own terms and re-write their letter of offer removing the phrase "for the time being", tell them you are not happy with the wording of their letter but you would agree to the revised copy you send them.

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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Thanks Jasper,

ive already told my lawyer i didnt like the "for the time being" part coz it does bother me

but she is pretty sure they wont come back and i know that they dont have the info because it has never existed.

 

 

If i go for Absolvitor its going to have me paying the Legal Aid which wasnt cheap and i think she was thinking about that

so i dont have to pay them.

 

 

I told her to do whatever she thought was best in the circumstances but i stressed that i didnt like their wording

so im sure she will try to get it changed if she can.

 

 

Cabot still have to pay their lawyers fees, its cost me nothing and theyd have to be pretty damn stupid

(which of course they are) to come after me again but if i dont have it writing there is nothing to say they wont.

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Hi Daniella, thank you. Its a bit of a relief but im hoping my lawyer can change their wording, if not i will be watching the clock. At least its only 5 years for statute barred in Scotland and if it reverts back they wouldnt have long. I will know more when i get the NoD.

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