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


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you could push them to put forward a motion of absolvitor which would mean they couldnt bring the case back again, EVER - its deaded - in effect it means that you have won. Dont know if its too late to get your lawyer to push them on that one. I did this once (not with Crackpot though) and they did agree.

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Thanks SFU,

i just tried to get my lawyer but she is in court this afternoon.

If im not too late i will see what she says tomorrow morning.

 

 

I should just be grateful that they are giving up for the moment

but i really dont want to be afraid of the post arriving again.

 

 

If i have Crapbot off my back for good, i only have enforceable debts of £1,200 left

and that will be clear by January.

 

 

The unenforceable ones have now started to drop off my credit files so from £37000 to £1200 in under 5 years is pretty good going.

 

 

There have been times when i have had to bake to survive,

sell on ebay and really struggled but the lights at the end of the tunnel

and im not having Cabot moving me back to the dark.

 

 

I know what my luck is like, just when life is ok,

they will come back and haunt me so i will push to get it absolved

or for at least something in writing saying its finito.

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  • 2 weeks later...

Hi All, got a response from Barclaycard this morning about my complaint (a day later than they had said).

 

 

Surprise, surprise they need until the 12th of December now to tell me whats happened to the £497 and who owns the account.

 

 

Would i be paranoid in thinking that they are waiting until the court case has been dismissed

due to me telling them i would sue Cabot if they arent the owners?

 

 

This complaint has been under investigation since the middle of September

and all they had to tell me was why they referred to Cabot as their agents and not owners.

 

 

I think i might just write back to them and say they have had long enough

and im passing the matter onto the Financial Ombudsman

or should i hang on for a further 12 days?

 

 

Any thoughts,

anyone?

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I wouldnt want to rely on the FO - about as bad as it would get for them with him would be a slap on the wrist. Why not seek a continuation in court on the grounds that its not clear who currently owns the account and is therefore liable for any damages etc that might be due to you?

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Hi Daniella,

i know it would be better to get the clarification before the case is dismissed but neither Barclaycard or Cabot seem to want to tell me boo hoo!!

 

 

However, if Barclaycard are stalling deliberately until the case is dismissed and they then come back and tell me Cabot dont own the account, i will still sue Cabot just for the hell of it, anyway.:wink::wink:

 

Trying to get hold of my lawyer is like waiting on a reply from Barclaycard, i can never get her aaarrrggghhh!

 

Delilah X

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Hi,

I may be misunderstanding something here,

but if barclaycard then say that actually they own it after all,

what will stop them selling it on (or saying they have!) to another DCA who could start again.

 

 

Or will there not be enough time before the statute barring?

 

 

Or after the refund will the amount they say is owed be so small then that they won't bother?

 

Daniella x

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Hi Daniella,

if Barclaycard come back and say they own the account they will just apply the refund to it

but it means that Cabot had no right to take legal action so i will sue them for whatever reasons i can.

 

 

There would be nothing to stop Barclaycard from selling the account but it will be statute barred under Scottish Law in a few months time

so they would be hard pushed to try it.

 

 

If Barclaycard come back and say that Cabot do own the account then the £497 should have come directly to me

and not to Cabot who would be classed as an Independant Third Party and i threatened Barclaycard with legal action on that score.

 

 

I also still have around £2,000 in ppi to come off the account or be paid directly to me

which would be another reason that either Barclaycard or Cabot would have to consider before restarting court action

or selling the account on,

 

 

it would also bring the amount outstanding down to around £2100

and i personally wouldnt consider that to be worth their while.

 

 

At the moment i appear to have them by the short and curlies but for how long is anyones guess

and i still cant get hold of my lawyer to discuss anything with her.

 

Delilah X

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Hi Delilah,

 

It sounds as though the time would run out before they could start anything else, as you say.

 

I do think you have them by the short and curlies, so stick to your guns.

 

 

They are trying desperately to avoid answering your question.

 

 

It's the same with Amex when you ask them a direct question about whether the accounts have been securitized.

 

 

Their answer is that it's none of our business, so I'll take that as a 'yes' then. :-)

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Sorry, hit post before I meant to.

 

I can't see that there is any need for you to agree to the dismissal before 12th December, and that is the date they say they will be able to tell you what has happened to the £497!

 

Honestly, they are wriggling like a fish on a hook. Well done!

 

Daniella x

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  • 1 month later...

Hi Daniella and All,

 

I got all my papers sent back from my lawyer almost 2 weeks ago

with a letter saying that she had now heard from Cabots lawyers

to say that the case was dismissed with no costs.

I have asked her for a copy from the court but still waiting on it.

 

 

I got confirmation from Barclaycard that they had paid the refund of charges to Cabot

and that they had the right to do so whether Cabot are agents or owners of the account,

 

 

it was cleverly worded so there was no committment on their behalf as to the owners.

Still waiting on the ppi decision from the Ombudsman.

 

Apologies for not being in touch but life has been pretty s*** since December a

nd i was waiting on the court papers before posting.

 

 

I had a sudden death in the family before xmas,

ive fallen foul of the government cutbacks as they have stopped the DLA for my disabled son

(im appealling but it can take up to 14 weeks and its almost halved my monthly income)

and to top it all i now have rheumatoid arthritis.

 

 

On a scale of 1-10 on stress levels ive been at 11 but such is life and you just have to take it on the chin.

 

 

Oh and because my lawyer is slower than watching paint dry

i have still been having to pay legal aid but at least i will get that back from them eventually.

 

Ive also had Mac Hall doing my head in over a £900 debt that they originally dealt with and sent back to the OC.

The OC has passed it on to 2 other DCAs while in dispute and now passed it back to Mac Hall.

They all keep coming back with a credit agreement for a sofa that was never delivered

and the order was cancelled and its not my sig on it so i have sent copies of all the letters back to Mac Hall

and told em to sod off.

 

 

I will get round to reporting the OC but as you can probably tell im just not up to dealing with anymore right now.

I will post as soon as i get the court papers back from my lawyer or hear anything else.

 

Delilah xx

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Hi All,

Finally received the Extract of Dismissal from my lawyer. Its dated the 9th of December.

 

The Sheriff dismissed the action against the defender and found no expenses due to or by either party.

This extract is warrant for all lawful execution thereon.

 

My brain is completely scrambled at the moment so if anyone can decipher that in plain English for me id be much obliged.

 

Delilah X

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It's finished!! :-)

 

Case has been thrown out by the Sheriff, no costs awarded.

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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Only with the permission of the Court (which would be very doubtful) Res judicata.

 

Regards

 

Andy

 

Del i will request your thread title be amended to reflect your result.

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Thread title changed as requested

 

Well done all

 

ims

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Thank you Andy.

Thank you to all Caggers who have supported and advised me.

Id open the champers and toast you all but i dont drink so im toasting with coffee and a bickie.

:wink::wink:

Delilah XXXXXXXXXXXXX

 

Many thanks ims21,

 

Well done Delilah, pity about those costs but hey ho you won.

 

Regards

 

Andy

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Thank you for all your help and support SFU.

 

Im glad its over,

im glad i beat them (with the help and support from all Caggers)

but im also angry that the court system can make it so easy for them to take action

when they dont have the necessary paperwork.

 

 

These Parasites, should be made to prove they have a legally binding CCA, NOA, etc

before court action can begin otherwise they can chance their arm and win

when they dont have a legal right to.

 

 

Its a bigger con than the bankers bonuses!!!!

 

Delilah X

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interesting point which is quite instructive imo.

 

 

In 2009 there was a proposal that they would have to attach the agreement with the court papers - ie when they raise the action.

 

 

At the last minute the draft Act of Sederunt was amended so that they simply had to give an undertaking that this existed.

 

 

The difference is that it allows them to go ahead with the action in the knowledge that some people

will either panic and settle or panic and not seek to defend so they get their order by default

without having to show anything.

 

 

Were the original proposal implemented it would cause the banks the most enormous difficulty.

Whether that had anything to do with the amendment I will leave you

- and the others who read this - to contemplate.

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