Debt_mountain vs Cabot

[Seahorse]

I am also learning the legal tricks the banks etc use which I plan on turning round on them in my next cases but can't elaborate on air as it will give them a heads up, which we don't want to do.

 

Elaborate in the CFC forum then. You KNOW the one I mean.

[debt_mountain]

DM, Forgive me for being a little slow but what do you mean exactly by this:

 

Were you not the claimant?

 

Yes, I was the claimant, but even though it was in the small claim track at that time, because I had altered the POC (90% different) the defendants costs can (and generally are) to be paid by the claimant as the defendant will have to appear at the application hearing (£600+ from my previous Nationwide experience) plus the cost to rewrite their defence.

 

Luckily I had been warned of this so had my arguement ready saying they had withheld some info so it was their fault. So they were told to boggoff by the judge.

 

This site must be a pain in the ar$e of these legal bods.

 

Excellent fun to see the school boy squirm thinking how he was going to explain that one to his boss/client.

[debt_mountain]

Elaborate in the CFC forum then. You KNOW the one I mean.

I would but someone hasn't finalised my account and sent me an email? Can't think who that might be?

[Rhia]

Yep still waiting to elaborate in the forum myself....

[Seahorse]

SORRY!!!!!! Tiscali went all pear shaped for hours yesterday. A major outage, I was informed by the grumpy sounding lady on the phone, when I eventually got through to the helpline. 45 minutes after first calling. "It is on our website, and you could have saved yourself time by checking there first." Oh, really? By definition, a major outage means I have NO BLOOMIN BROADBAND to let me go and check, otherwise I wouldn't be phoning to report a fault.

 

Sorry for hijacking your thread with an OT rant. I'll just go activate you both now.

[joesoap]

Definetely a case of putting the mouth into gear before thinking.

[Seahorse]

Although, Rhia has registered (and now activated) but not you DM.

 

Go on, get in and register so we can get all the juicy stuff.

[debt_mountain]

Although, Rhia has registered (and now activated) but not you DM.

 

Go on, get in and register so we can get all the juicy stuff.

I have now tried to register twice, I will go and try again.

 

Just done it for a third time lets see if that works.

[Seahorse]

Nope. I'll do it manually and send you an email.

[maxine989]

Hi there DM...

 

I have just been reading through your thread and think it is mighty interesting stuff.

 

I have several court cases just waiting for an allocation and so reading this is inspiring. I am not worried about going to court, but about having all the right things to say... I will subscribe to this and may ask you a question or two in the future if you don't mind?

 

Good luck

 

Maxine

[andrew1]

You are welcome Maxine, good luck

[debt_mountain]

Hi there DM...

 

I have just been reading through your thread and think it is mighty interesting stuff.

 

I have several court cases just waiting for an allocation and so reading this is inspiring. I am not worried about going to court, but about having all the right things to say... I will subscribe to this and may ask you a question or two in the future if you don't mind?

 

Good luck

 

Maxine

Ask away Maxine, so long as you do your homework and have all your papers neat and tidy court is a breeze.

 

Just post any questions and one of us Caboteers will assist.

[maxine989]

Thanks a bunch...

 

Ooo look... my 300th post... gosh has it been that long since I started all this... time sure does fly!!

 

Maxine

[debt_mountain]

Latest update (full eposed details will be on the fan club)

 

No response whatsoever from Cabot re the settlement other than "settlement not yet reached" in their letter to the court.

 

I sent in my revised (simplified) POCs removing the data protection breeches and the specific "higher interest being charged" as the judge saw these as requiring expert winess' and being multitrack.

 

Filed my update on the case with the court, no response on settlement, no mention of mediation yet but here are a revised set of POCs. I have a little sneaky snippit to add on this but can't here (Hopefully Seahorse can get my access to the fan club back).

 

Then the next day, as is usual (late) Hodsons send their info to the court, saying they do not oppose the new POCs along with (need to continue on the fan club here)... sorry to do this but it is best for us to keep some info back until we have to release it.

 

The fan club must really intregue these folks.

[Seahorse]

Can't you get logged in DM?

[debt_mountain]

Seahorse, I got logged in thanks,

 

I have uploaded a copy of some of the recent letters for folks to see what they are trying....remember not to laugh too loudly. Lets discuss the contents over in the fan club though.

 

DM

[Seahorse]

I'll check later this evening. I'm over housesitting my lad's place while he has decorators in. And fix his computer while I'm here. I think that's sorted anyway. But will I get any thanks? NOoooooo.

[debt_mountain]

Well I have been busy with another 4 claims at the moment (HBOS, Clydesdale, Blackhorse and CitiFinancial) having a great time.

 

Anyway since my last update I have received orders from the court. These orders were agreed by me and hodsons before we sent them to the judge.

 

Before we finalised the order we agreed that

 

1 - I would make a change to the POC to removed the specific damages and the reference to the DPA (The ICO complaint will follow that bit through),

2 -we also agreed to mediation and we have been in contact with a newcastle (between both parties) based fiirm who do this for a reasonable fee,

3 - plus we agreed that Hodsons retract the CRP18 request they incorrectly made on me, they assumed that as the judge had implied the case would be fast track becuase of DPA and damages that they would try some of the heavy handed tactics.

4 - plus the case would stay in small claims.

 

so the order we agreed on was

 

1 - Submit new POC (today) Done

2 - By 4/5 Hodsons to submit new defence

3 - Next hearing set for 10/8/07 to allow time to mediate.

 

so next date is 4/5, 3 weeks.

 

I have also been promised my long awaited reply to my SAR followup for them to explain some of the facts contained in there.

[andrew1]

Wondered where you got to DM - welcome back! Silence is golden eh? Sounds like you have been busy. Are you happy with what you have achieved thus far?

[debt_mountain]

Wondered where you got to DM - welcome back! Silence is golden eh? Sounds like you have been busy. Are you happy with what you have achieved thus far?

 

Andrew1, yes very busy, and yes I am fairly happy, can't really beleive they are still dragging it out when they don't seam to have a leg to stand on. I guess they are hoping they get an understanding judge that sees "us" as "rogues" and wants us all to pay.....yeh, that is unlikly.

 

I had to negotiate with Mr Spencers but I feel it was mostly on my terms as, thanks to this site, I was forarmed with decent arguements and facts...cpr18 request etc.

 

The only thing I don't like it the constant delays the court allows. 4 months for mediation (ok so the court knows how long it takes I suppose) but it does drag out a simple case. I guess that is my fault for agreeing to Mediation. I may not consider it in future cases though. But if I didn't go for mediation I may not have had the chance of actually seeing a Cabotee face to face.

 

I guess they are continuing from a point of principle because they basically deal in misery. They probably don't really care in the money aspect of the claim but the fact I want them to stop sharing my data with the CRAs. I have a feeling (no real knowledge of the business though) that every bit of info they supply to a CRA is paid for and the more and longer and probably the worse score they can have on a file the more they will receive from somewhere.

 

Obviously someone with a bad rating will try to get credit 2 or 3 times from a few sources (not knowing it actually makes things worse), I guess a lender doesn't get the CRA info for free so a fee will be paid to CRA which I guess a part of that will then be passed to all who add info to the CRA database.

 

I could be very wrong but that is my thinking.

 

So with my case they would lose lost revenue for anytime I apply for credit and am refused plus if I do win (when) and tell everyone I know then they will loose even more "customers" and more revenue.

[andrew1]

Good, that's comforting - we were getting worried about you. Sounds like you have the measure of things. well done.

 

Sarah

[Rhia]

DM I am sure you are on to something with your suspicions re credit references. The whole lot are rotten. We just need to keep building up the case...and I have unearthed a couple of MPs who are VERY interested in what is going on here. More in the fan club...

[debt_mountain]

I got a reply to my email of 23 Feb today... only 2 monts to get it.

 

Anyway alot of text but says nearly noting new.

 

2 point worthy of sharing

 

1 - Remember I WAS planning to go through mediation with then (notice the word WAS).

 

"Any documentation to which you refer that was or is in the Defendant’s possession will be disclosed upon Disclosure. " so what are we going to talk about in mediation!!

 

2 - "From the Standard Terms and Conditions Marks & Spencer have the right to transfer the debt and consequently all the rights and obligations pass to the assignee."

Guess this means Cabot have the Rights and the Obligtions, is that different from duties?

Anyway, I will be sending a reply to them asking for the questions I asked to be properlyanswered and that I am writing to the court postponing any mediation until such times as Cabot provide the required information.

[Seahorse]

Just referesh my memory DM... this WAS to Cabot. So I'm assuming this is also from Cabot in reply? And they have just admitted the rights and obligations DO pass to them???????

[InKogneeToh]

Just referesh my memory DM... this WAS to Cabot. So I'm assuming this is also from Cabot in reply? And they have just admitted the rights and obligations DO pass to them???????

 

 

 

LAMINATE IT! INSURE IT!

 

KEEP IT IN A BANK DEPOSIT BOX!

 

:o:rolleyes: