Debt_mountain vs Cabot

[debt_mountain]

Update CFC!

 

I am awaiting the revised defence and advised messers Hodson that should it not address my concerns re mediation I will be asking the judge to pull it back to court ASAP.

 

Today got a Mr D Spencer email saying

 

- I should be receiving 2 agreements and proof of the assignement "I am arranging for the relevent evidential parts of the acquisition documents to be provided. " in the next few days. "The agreement copies are not good". (Aw, not legible, not much use then.)

- The revised defense is about to be sent ((I can't wait to see what it says this time).

- another agreement does not exists. (Oh dear!!)

- no reference to the last account that they allege has an outstanding balance on it (I am guessing it don't exist either....aw)

[debt_mountain]

well, got the agreements today. 1 is almost black paper can't read anything other than my signature. The 2nd is still illegible.

 

They sent a copy of statements but not sure what that relates to hopefully not proof of assignment as promised. oops.

 

Anyway a good day, I was in court in Scotland with Nationwide for 7 year old charges plus stop sharing my data and they say they have paid up the £700 + fees. Judge not happy when I said they hadn't and laos hadn't stopped sharing my info so they have 2 weeks to sort it out. Plus when I nipped home for luunch a cheque for £600 from Blackhorse was their too. so a good day all in. Info in my other threads.

 

sing along to the tune of here we go here we go....

tenerife, tenerife, tenerife

tenerife, tenerife, tenereeeefe

tenerife, tenerife, tenereeeeeee eefe

tenerife, tener eefe

tenerife!

 

 

DM

[joesoap]

Tenerife? Sun's shining; spend it in the toon!

[Seahorse]

But the Toon's full of Geordies, man!!!

[joesoap]

But the Toon's full of Geordies, man!!!

 

Yes well! What can I say?

 

supamac

[debt_mountain]

I got an email from Mr Spencer today saying that "further information/comment" is in the post tonight and the defence (due in court and to me tomorrow) should be with us soon.......

 

Can't wait, like a kid at christmas.

 

Plus I got confirmation of another full payout from Blackhorse today for my 2nd of 3 claims against them. Each 1 is paid + 8% plus my "exemplary credit history" woohoo!!!

 

No 3 has been faxed off to them today. Expecting a reply tomorrow say cheque is in the post.

[andrew1]

You are becoming the master DM well done.

[debt_mountain]

You are becoming the master DM well done.

At the time when I started the cases it was costing me a fortune in court fees but now they are all coming to conclusion at a similar time it is great.

 

I have 2 large s32 claim in June so preping for them at the moment, Clydesdale and HBOS.

 

I do need to be careful when I have to go to court and not act too cocky, as I guess Mr Judge may not take too kindly to that.

 

All I have on my credit file now are 4 defaults for Cabot (1 is still in BOS name) and 2 others from BOS.

 

None of which have agreements that are legible so it should only be a matter of time. Then I can get on with living again...oh and helping others on the site.

[Rhia]

Being lazy and not looking this up but what is S32? (Hey and good work here)

[debt_mountain]

s32 is the section in the limitation act forchares over 6 years old and the banks are claiming are statute barred, but in s32 there is a clause about concealment that lows their statute barring out of the water.

[debt_mountain]

Got another email from Mr S saying they have obtained a copy of the BOS agreement!!! wow, wonder if it is the say application form HBOS sent me with my SAR....shame for Cabot if it is and a shame for HBOS if it isn't.

 

Plus the defence is not yet ready, should get it tomorrow.

[debt_mountain]

cfc

[debt_mountain]

Todays update.

 

HBOS agreements is actually an application form which I had already.

 

I was asked for details of what I would require to settle this claim. I have provided this and just need to wait and see what they say.

 

Then I was asked if they could have a further 7 days (exc) bank holiday Monday as the defence was not ready. shoulf have been in today.

 

Lets wait and see but in summary

 

1 - There is no legible document signed by us giving permission to share our personal data. No evidence for their defence.

2 - CCA failure so Cabot are in default and would have to obtain a court order to try to collect on this alleged outstanding debt. No agreement has yet been provided.

3. The damages claimed were for the financial damage caused by the incorrect sharing of our personal data but I would accept this figure to settle early and save further time and money.

Back over to Cabot.

[debt_mountain]

I got my 10 page ammended defence from Mr S last week.

 

The key paragraph to me is

 

" The Defendant is not able to admit or to deny whether the agreements between

the Claimants and the lenders in relation to the accounts referred to above

contained terms that the disclosure of personal data would only extend, in each

case, to the end of the contract. The lenders have not provided the Defendant,

the assignee or Cabot Financial (Europe) Limited with copies of the

agreements in which terms relating to disclosure of personal data are fully

legible."

and with this in mind and that we have a hearing date in August to allow us to mediate I have now contacted the court and told them mediation is no longer an option as Cabot are obviously not dealing responsibly with my claim and can we move it forward to the next available court slot.

In the above paragraph they have now admitted that they have no written proof, they are also misleading the court by referring to agreements when the documents they have sent to me are application forms.

[Seahorse]

One has to ask why, in their defence, they are compromising themselves????

 

I am REALLY confused now.

[debt_mountain]

One has to ask why, in their defence, they are compromising themselves????

 

I am REALLY confused now.

That is why I am asking it to got to court ASAP. They are basically agreeing with my original claim that they have no authority to share my details.

 

The rights and duties is another thing they can't agree about Dean Spencer said in letter to me "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" but in the amended defence Paragraph x s3 WW said "although the rights of the creditor under each of the accounts referred to above have been assigned to the assignee, the duties of the creditor have not"

So which is it......

[Dean.Spencer]

just subscribing

[andrew1]

You don't have to post to subscribe to a thread, if we all did that the place would be full of blank posts . Just go to the ' Thread Tool ' at the top of the page you wish to subscribe to and click on ' subscribe to this thread '. Only someone from Cabot would do that !

[Rhia]

Is it April 1st?

[debt_mountain]

Someone has a very good sense of humour.

 

Anyway, Dean can I please have a reply to my last 2 emails, I am champin' at the bit here to move the case on!!!!

[elizabeth1]

Hiya Dean

 

Just thought I'd ask if you are alright ? Is there anything you need help with?

[debt_mountain]

I have uploaded (CFC) the ammended defence (all 10 pages) from our friends.

[debt_mountain]

Well I have now drafted my response to their defence and even if I do say so myself it is a fine job with the assistance of my Cabot buddies.

 

Some gapping mistruths that they had said in the ammended defence and a few cracking quotes.

 

I will be posting this to them early next week once I have checked out a few things.

 

I have also sent a request to each of the OCs for the debts to provide some info about the handover of the debt to cabot.

 

I have also followed up some of the junk in my credit file about this stuff and you can see the progress as I make it on my experian/equifax threads.

 

I am also waiting for a few relies from Dean Spencer or is if dean.spencer now??? which will assist the progress of my claim.

 

In the defence WW was trying a few tactics to catch me out ( I assume he meant it ) but I have responded to them in the manner they deserve and also grassed them up to the Judge in the process.

 

As said before I am really really enjoying myself, roll on the next court date.

[elizabeth1]

LOL LOL Glad to see you are having fun!!! :D

[debt_mountain]

Well, I have now sent a fax to each of the 4 OCs asking them why Cabot are saying the OC still has the duties? and would they like to join the list of defendants for my case?

 

I axed this to each of them.

 

 

Dear OC

 

I am just following up on the rights and duties fax I sent on the 23rd May 2007, as I am currently in litigation with Cabot and in their defence Cabot are making a bold statement that implies [OC] Money, who allegedly sold them the debt, are still liable for part of my claim.

 

In the defence Cabot are stating

 

"It is not admitted that the assignee was or is the creditor under any agreement with the Claimants. Section 189(1) of the 1974 Act provides that unless the context otherwise requires, '"creditor' means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law".

No credit has been under any agreement between the assignee and the Claimants, or either of them, and, although the rights of the creditor under each of the accounts referred to above have been assigned to the assignee, the duties of the creditor have not passed to the assignee by assignment, by operation of law, or at all."

 

Can you please follow up what [OC]'s position is as it may be necessary for me to ask the court to include [OC] as a further defendant in my claim with Cabot.

 

So can you, with some urgency, as the next review by the court is on the 6th June and at that point I will be asking for [OC]'s, addition as a defendant.

Yours DM